Custom Pet Portrait Master Agreement

THE PARTIES & EFFECTIVE DATE

This Art Commission Agreement (the "Agreement") is entered into between Silvana Varriale, Sole Owner of VARsee LLC (the "Artist"), email contactvarsee@gmail.com, and the individual identified as the purchaser in the associated Shopify transaction (the "Client"). This Agreement becomes effective on the date the Client submits the Pet Portrait Commission Form.

ELECTRONIC SIGNATURE & BINDING CONTRACT.

The Client acknowledges that checking the mandatory agreement on the mandatory Pet Portrait Commission Form constitutes a legally binding electronic signature under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act). The Artist’s acceptance is confirmed upon receipt of full payment and verification of reference photos.

OPERATIONAL STANDARDS.

For the purposes of all deadlines within this Agreement:

• Business Days: Monday through Friday, 9:00 AM to 5:00 PM, excluding U.S. federal holidays.
• Time Zone: All timeframes are calculated according to the Artist’s local time (Eastern Time).
• Communication Exclusivity: All notices or communications under this Agreement must be in writing and sent to the email addresses identified above (for the Artist) and on the Pet Portrait Commission Form (for the Client). Direct Messages (DMs) and SMS are not valid forms of communication for this Agreement.

1. Purpose of the Agreement

The Artist agrees to create a custom original artwork (the "Commissioned Work") for the Client according to the specifications in this Agreement. The Agreement is complete when the Artist delivers the Commissioned Work and the Client has fulfilled any agreed obligations.

2. The Commissioned Work

2.1 Definition of Work.

The specific characteristics of the Commissioned Work (including but not limited to Style, Technique, Size, and Medium) are established by The Client’s selections on the Product Listing page on the Artist’s website varseeart.com at the time of purchase. These selections are permanently recorded in the Client’s Order Confirmation and are incorporated into this Agreement by reference.

Supplemental details, including pet reference photos and specific likeness requirements, are provided by The Client via the mandatory Pet Portrait Commission Form submitted after purchase.

2.2 Artist's Responsibility.

The Artist assures the Client that they have the skills, experience, and knowledge required to create the Commissioned Work according to the agreed-upon specifications. The Artist will approach the creation of the Commissioned Work with the highest level of care and professionalism, ensuring that the final piece is of exceptional quality.

The original Commissioned Work will be created solely for the Client, and it will be a one-of-a-kind creation of the Artist stemming from her original artwork and creative process. The Artist warrants that the Commissioned Work will be handmade using traditional techniques and professional-grade materials. No generative AI tools will be used in the creation of the Commissioned Work.

3. Reference Photographs

The Commissioned Work is a one-of-a-kind original artwork created by the Artist based on one reference photograph provided by the Client. The submitted photo/s to choose from must meet the requirements outlined in Section 3.2 to ensure the best possible outcome. The Artist will aim to produce a realistic representation of the subject while incorporating their own unique artistic style and vision.

3.1 Copyright Ownership.

The Client represents and warrants to the Artist that they are the sole owner of all rights, including copyright, in and to the reference pet photographs provided, or have obtained all necessary licenses and permissions from the copyright holder to use. The Client further guarantees that the Artist's use of these photographs for creating the Commissioned Work will not infringe on any third-party rights, including copyright, trademark, privacy, or publicity rights. The Client agrees to indemnify and hold harmless the Artist from any claim or expense (including reasonable attorney fees) arising from a breach of this warranty. By submitting the reference photographs with the mandatory Pet Portrait Commission Form, the Client gives the Artist permission to use said photos as reference to create this specific pet portrait. The Artist guarantees she will use the provided pet photos exclusively to inform the creation of your original artwork and will not share, sell, or utilize these photographs for any other purpose - including marketing or public display - without your prior written consent.

3.2 Quality of Photographs.

The Client is responsible for providing one or more high-quality reference photographs that clearly represent the desired subject matter. The following guidelines should be followed when selecting or taking the photographs:

• Well-lit: Ensure the photograph is well-lit using natural or artificial lighting, avoiding harsh shadows or overexposed areas.
• Properly Contrasted: The image should have a good balance between light and dark areas, which helps to highlight details and adds depth. This is particularly important for black-and-white artwork.
• Clear and Unobstructed: Avoid filters, heavy shadows, or objects that might obstruct the subject.
• Captured at Eye Level: Take the photograph at the subject's eye level, whenever possible, to ensure a natural, proportional perspective.
• Detailed: Key features, especially the eyes, should be sharp, well-lit, and clearly visible to capture the subject's expression and essence.

Please note that very low-quality, dark, fuzzy, or pixelated photos will not be accepted unless no alternative photographs are available (see Section 3.3).

3.3 Low-quality Reference Photographs (Tribute Pet Portraits).

Creating a tribute from older or low-quality photographs is a specialized process. While the Artist strives to capture the essence of the subject in their original watercolor artwork, the Client acknowledges that the technical clarity of the final piece is dependent on the reference provided. By moving forward, the Client accepts that the final portrait is an artistic interpretation. Due to the bespoke nature of this original work, the total balance remains due upon completion. 

4. Payment, Processing & Refund Terms

4.1 Total Price.

The total price covers the specific listing (portrait type and add-ons) and the express shipping method selected at checkout. Standard Shipping (tracked and insured) is provided at no additional cost. 

4.2 Non-refundable fee.

Once the sketching phase has begun, 50% of the total payment is designated as a non-Refundable Fee. This fee covers the Artist's studio time, materials invested, and the reservation of a dedicated production slot in the studio schedule.

4.3 Rejection, Cancellation, & No-Refund Scenarios. 

• Final Artwork Rejection: If the Client rejects the finished work in writing within the 5-day review window after receiving photos and videos of the finished piece, a refund of 50% of the total payment will be issued. The remaining 50% is retained as a non-refundable fee for time and material used.
• Rights Retention: In the event of a rejection or mid-project cancellation, the Artist (Silvana Varriale) retains the physical artwork, the full copyright, and the absolute right to display, reproduce, or resell the portrait (as an original or reproduction) at her discretion.
• No Refund Eligibility: No refunds will be issued once the approved final portrait has shipped, or if the 5-day review window expires without a written response (see Section 6.1).

4.4 Payment Processing.

All payments are securely processed via varseeart.com operating on the Shopify platform.

• Platform Terms: Transactions are subject to Shopify’s terms and privacy policies. The Artist is not responsible for Shopify's security practices, system errors, or data breaches.
• Liability: To the fullest extent permitted by law, the Artist’s obligations regarding data security are limited to those required by applicable state and federal laws.

4.5 Chargebacks & Disputes.

The handling of refunds and chargeback requests is subject to the terms of Shopify and the cardholder’s issuing bank. The Artist is not responsible for the ultimate outcome of these disputes.

4.6 Confirmation.

Full payment is required at booking. No work begins until the Pet Portrait Commission Form is submitted and all project details are agreed upon. To be usable as reference, the submitted pet photos need to be approved for quality by the Artist, with exceptions made for memorial portraits where limited imagery is the only available resource. .

5. Timeline & Production Management

Definition of Delivery. The "Deliver-by Date" is the date the Artist tenders the completed artwork to the shipping carrier. The Artist is responsible for meeting this deadline. Carrier transit delays once the work has left the studio are outside the Artist's control and liability.

5.1 Deadlines & Production Slots.

All project deadlines (Deliver by Date included) are established in the Project Start Confirmation email sent by the Artist upon confirmation that reference photos are approved and work is ready to begin. This email confirms the official start date and all subsequent deadlines.

The following deadlines apply throughout the commission:

• Pet Portrait Commission Form submission: within 5 business days of receiving the post-purchase email containing the form link.
• Sketch and color palette feedback: within 5 business days of receiving photos from the Artist.
• If the Client fails to meet these deadlines, they forfeit their current production slot. The Artist will reschedule the commission to the next available opening and issue a new Project Start Confirmation email with updated deadlines. The Artist will make every effort to reschedule at the earliest available slot.
• Final portrait approval or rejection: within 5 business days of receiving final photos from the Artist. If no response is received within this period, please refer to Section 6.1 regarding the automated completion and finalization process for finished portraits. 

5.2 Project Abandonment.

If the Client remains unresponsive for 30 consecutive calendar days from the date of the most recent Artist communication, the project is terminated for Client Abandonment.

• 100% of the total payment is retained by the Artist to compensate for reserved studio time, lost production capacity, and materials invested.
• Abandoned commissions cannot be resumed.
• A new transaction at current market pricing is required to start a new commission.

5.3 Artist Accountability.

If the Artist fails to deliver the completed work or digital proof for approval within 5 business days beyond the agreed Service Window, the Client may cancel and receive a full 100% refund.

5.4 Unforeseen Artist Delays.

If circumstances beyond the Artist's control - such as sudden illness, family emergency, or equipment failure - prevent timely completion, the Artist will notify the Client as soon as possible. The Client then chooses:

• Option A Full Refund: 100% refund processed within 5 business days. The unfinished work remains with the Artist. All copyright protections apply.
• Option B Mutual Extension: A new deadline confirmed via email serves as a formal amendment to the original agreement.

5.5 Force Majeure.

Neither party is liable for delays caused by events beyond their reasonable control, including acts of God, war, civil unrest, epidemics, pandemics, or natural disasters. All deadlines are suspended until the situation is resolved or both parties agree to terminate.

6. Final Review & Revisions

6.1 Final Approval.

Once the original artwork is complete, the Artist will email detailed images for review. The Client has 5 business days to provide written acceptance or rejection.

• Silence: If no response is received within 5 business days, the work is considered approved and will be dispatched. No refunds are possible after shipping.
• Rejection: If the work is rejected in writing within this window, the 50% refund policy (Section 4.3) is triggered.
• Acceptance: Upon written approval, the Artist will ship the portrait to the provided shipping address within a maximum of 5 business days, ensuring alignment with the Deliver-by Date established in Section 5.1.

6.2 Minor Revisions.

The Client may request minor adjustments when the initial sketch and color palette scheme are submitted for review. These adjustments are included in the total price provided as they do not fundamentally alter the scope of the work.

6.3 Major Changes.

Requests for major changes (such as a new pose, changing the subject, or a new background) require the Artist to start work on a new original artwork are not considered revisions. These requests require a new agreement and a new production slot based on the Artist's next available opening.

Section 7. Shipping & Delivery

7.1 Shipping Timeline.

Following written acceptance of the portrait (or the expiration of the Approval Period), the Artist will personally prepare and ship the original artwork within 1–5 business days (utilizing the fourth or fifth day only when necessary and provided it remains well within the "Deliver-by Date" agreed).

7.2 Carrier & Costs.

The Artist provides Free Standard Shipping (tracked and insured) within the United States via USPS. Transit is estimated at 3–5 business days.

• Upgrades: Expedited and Fastest options are available for purchase at checkout. The "Fastest" shipping option includes a USPS money-back guarantee on late deliveries, subject to carrier-specific suspensions.
• Non-Refundable Fees: Costs for shipping upgrades are calculated at checkout and are non-refundable once the shipping label has been purchased.

7.3 Delays & Suspensions.

The Artist is not liable for transit delays caused by weather, seasonal volume, or carrier-specific service suspensions. During peak holiday periods or extreme weather events, it is recommended to account for these external factors when booking.

7.4 Loss in Transit.

Because all shipments are tracked and insured, the Artist will initiate a claim for any package confirmed lost by USPS. A resolution will be provided only after the carrier's official investigation is finalized. Upon receipt of the carrier's claim payment, the Artist will issue a full refund to the Client within 5 business days of receiving the refund from USPS.

7.5 Damage in Transit.

Should the artwork sustain damage during transit, the Client is required to provide photographic and video evidence of the damage to both the specimen and the shipping container within 3 business days of receipt. Such documentation is necessary for the Artist to initiate an insurance claim with the carrier. 

7.6 Post-Delivery Responsibility.

The Artist’s responsibility for the physical item concludes once the carrier provides a "Delivered" status. The Artist is not responsible for packages that are stolen, missing, or mis-delivered after a successful delivery scan. In such instances, the Client must pursue a claim directly with USPS.

Section 8. Final Sale & Refund Limitation

8.1 Final Sale.

Because the portrait is a bespoke, hand-painted original artwork created specifically for the Client, it is classified as a "specially manufactured good." As such, it is exempt from standard 14-day return policies or "right of withdrawal" laws.

8.2 Refund Limitation.

All sales are final once the item has been dispatched. The only opportunity for a partial refund is the 50% Rejection Fee process during the review window (Section 4.3, first bullet point). No returns, exchanges, or "change of heart" refunds will be processed after shipping, unless the item is lost or gets damaged during shipping (see Section 7.4 and 7.5).

Section 9. Inspection, Damage & Claims

9.1 Reporting Window.

The Client has an inspection window of 5 business days from the date of delivery to notify the Artist of any issues, damage, or loss.

9.2 Documentation.

In the event that the original artwork arrives damaged, the Client must provide clear photographic and video evidence of both the packaging and the artwork within this 5-day window.

9.3 Resolution.

Because all shipments are fully insured, the Artist will file a claim with USPS upon receipt of the required documentation from the Client. A resolution will be provided only after the carrier's official investigation is finalized. Upon receipt of the carrier's claim payment, the Artist will issue a full refund to the Client within 5 business days.

9.4 Replacement Portrait. 

Following a successful insurance claim and full refund issued to the Client, the Client may choose to commission a replacement portrait. This will be treated as a new commission requiring full payment at current market pricing and a new Pet Portrait Commission Form submission. A new production slot will be assigned at the Artist's next available opening and a new Project Start Confirmation email with updated deadlines will be issued.

Section 10. Intellectual Property & Copyright

10.1 Reference Photo License.

The Client warrants they own the copyright to the provided reference photographs and grants the Artist a worldwide, irrevocable license to use them as the basis for the original artwork commissioned through this Agreement.

10.2 Artist Ownership.

The Artist retains full and exclusive copyright to the original artwork, including all preliminary sketches, compositions, and stylistic choices. The purchase of the physical piece by the Client transfers ownership of the paper and pigments on it only. It does not transfer any reproduction rights.

• Rights to Rejected Works: If a portrait is rejected and the 50% non-refundable deposit is retained, The Artist reserves the right to reproduce, display, and distribute the original artwork (and any derivative versions) for marketing, portfolio, and commercial purposes—including the sale of prints or stationery items. In these instances, the Artist will "Generalize the Likeness" by removing identifying features (such as name tags, unique scars, or specific collars) so the piece serves as a generic representation of the breed.
• Memorial Portrait Guarantee: If the commission is a memorial portrait (created in honor of a deceased pet), the Artist pledges a "Privacy of Remembrance." Out of respect for the grieving owner and the sanctity of the loss, the Artist will never reproduce, sell, or utilize the image or the physical painting for the Fine Art Stationery line or any other purpose, regardless of whether the work is accepted or rejected.

10.3 Client Usage & Social Media.

• Personal Use Only: The Client may not reproduce or use the original artwork for commercial purposes.
• Public Sharing: The Client may share images of the finished work on social media provided the Artist is clearly credited and tagged.
• Privacy: The Artist will never publicly share the Client’s personally identifiable information without written consent.

10.4 Moral Rights & Integrity.

The Artist retains all moral rights. The original artwork may not be distorted, modified, or used in any way that prejudices the Artist's reputation. Public sharing of "work-in-progress" images by the Client is strictly prohibited to protect the integrity of the artistic process.

Section 11. Termination & Cancellation

11.1 Client Cancellation.

The Client may cancel this agreement at any time before the original artwork is finalized.

• The 50% Rule: Because a commission requires blocking the Artist’s calendar and material preparation, 50% of the total payment is non-refundable once the sketching phase has begun.
• Final Sale: Once the portrait is approved by the Client and dispatched to the Client, no cancellations or refunds are possible.
• Artist Protection: Upon cancellation or rejection, the Artist retains the physical artwork, all preliminary sketches, and the full copyright. The Artist reserves the absolute right to display, reproduce, or resell the portrait (as an original or reproduction) at her discretion (for exceptions, see Section 10.2, second bullet point). The Client waives any claim to the work and releases the Artist from further obligations.

11.2 Artist Cancellation.

If the Artist is unable to complete the commission or fails to meet the Deliver-by Date (Section 5.1) for reasons within her control, a 100% refund will be issued to the Client within 5 business days. The Client acknowledges that payment processors may require additional time to post the funds.

11.3 Termination for Breach.

The Artist reserves the right to terminate this Agreement immediately if the Client actively breaches these terms, including but not limited to violating the WIP sharing ban or providing false information. In such cases 100% of the total payment is retained by the Artist as compensation for time, materials, and reputational damage caused by the breach. The Artist retains the physical artwork, all preliminary sketches, and the full copyright, and reserves the absolute right to display, reproduce, or resell the portrait (as an original or reproduction) at her discretion (for exceptions, see Section 10.2, second bullet point). The Client waives any claim to the work and releases the Artist from further obligations. 

Failure to submit the commission form or provide reference photos is not an active breach  - it is governed exclusively by the timeline and abandonment terms in Section 5.

Section 12. Limitation of Liability

The Artist's total liability under this Agreement shall not exceed the total commission fee paid by the Client. Under no circumstances shall the Artist be liable for any indirect, incidental, or consequential damages, including loss of profits or goodwill.

Section 13. Professional Relationship

The Artist and the Client are independent contractors. This Agreement does not create a joint venture, partnership, or employer-employee relationship.

Section 14. Entire Agreement & Amendments

This Agreement constitutes the final and complete understanding between the parties and overrides all previous discussions or emails. Any changes to these terms must be made in writing and agreed upon by both parties.

Section 15. Governing Law & Dispute Resolution

This Agreement is governed by the laws of the Commonwealth of Pennsylvania. Any dispute shall first be addressed through direct, good-faith negotiation. If a resolution cannot be reached, the parties consent to the exclusive jurisdiction of the small claims court of Pennsylvania. The prevailing party is entitled to recover reasonable legal fees and costs.

Section 16. Severability & No Waiver

If any part of this Agreement is found unenforceable, the remainder remains in full force. A failure to enforce any part of this Agreement does not constitute a waiver of the right to enforce it later.

Section 17. Survival

Provisions regarding All protections regarding Final Sale & Return Limitation (Section 8), Intellectual Property (Section 10), Liability (Section 12) shall survive the completion, fulfillment, or termination of this agreement, regardless of the reason. 

Signatures

This Agreement is executed electronically via clickwrap. By checking the mandatory agreement boxes in the two locations below, the Client provides a legally binding electronic signature:

• During checkout for the purchase of a custom pet portrait in the selected style and size on the Shopify platform (varseeart.com).
• On the Pet Portrait Commission Form. The Client will receive a Pet Portrait Commission Form immediately after completing their purchase. The date this form is completed and submitted marks the official effective date of this Agreement for both parties, governing the creation of an original custom piece.
• The Artist's acceptance and execution of this Agreement are automatically confirmed upon the secure receipt of full payment and the Client's submission of said form. 

© 2026 VARsee LLC. All rights reserved. This agreement is the intellectual property of VARsee LLC. Unauthorized reproduction or use of this document for other commercial purposes is strictly prohibited and will be pursued to the fullest extent of the law.