Terms & Conditions
Welcome to Hand-Drawn Memories. By requesting a quote, submitting a photo, or purchasing a custom drawing from our website, you agree to be bound by the following Terms & Conditions. Please read them carefully before placing an order.
1. Custom Commission Process & Scope of Work
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Custom Nature of Services: Every piece of artwork produced by George at Hand-Drawn Memories is an individually hand-drawn pencil portrait created directly from customer-submitted reference photographs.
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Background Drawing Rules: Unless specifically requested and explicitly detailed during the quote request process or in subsequent communications with the artist before the quote is issued, backgrounds will not be drawn. If you wish for background elements to be included, you must explicitly describe them during these communications.
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Size & Subject Limits: All commissions are subject to physical paper size limits (maximum 8×10 inches).
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Follow-Up Clarifications: Hand-Drawn Memories reserves the right to ask follow-up questions, request higher-resolution reference photos, or adjust pricing estimates before issuing a final quote or accepting a commission.
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Right of Refusal: Hand-Drawn Memories reserves the absolute right to refuse or decline any commission request for any reason at our sole discretion, including but not limited to poor photo quality, inappropriate subject matter, or capacity constraints.
2. Deposits & Payment Terms
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Deposit Requirements: To lock in a commission slot on George’s active queue, a 50% deposit is required upon quote acceptance.
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Deposit Policy: Deposits secure a dedicated position on George's active calendar and cover archival paper preparation, drafting layouts, and administrative scheduling. Because adding a commission to the active queue may require turning away or delaying future requests due to extended completion timelines, deposits are generally non-refundable. However, if a cancellation request is received early enough before active drawing has commenced, Hand-Drawn Memories may, at its sole discretion, issue a partial or full deposit refund.
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Final Payment: The remaining balance—including exact calculated shipping, signature fees, and applicable sales tax—must be paid in full prior to shipping. Completed physical artwork will not be dispatched until final payment has cleared.
3. Shipping, Delivery & Risk of Loss
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Shipping Method: All completed physical commissions are packaged in moisture-proof archival sleeves sandwiched between rigid backing boards and shipped via USPS Priority Mail, USPS Ground Advantage, or UPS Ground.
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Signature Required: Signature Confirmation is mandatory upon delivery for all original commissions. Risk of loss and title for all products pass to the buyer upon courier delivery and signature acquisition.
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Transit Damage Protocol: If artwork arrives damaged, clients must retain all original packaging and notify us with photographic proof within 48 hours of delivery. Claims are handled strictly in accordance with our Shipping & Delivery Policy.
4. Sales Tax Policy
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Virginia Deliveries: In accordance with Virginia Department of Taxation regulations, sales shipped to addresses within the Commonwealth of Virginia are subject to applicable state and regional sales tax (ranging from 5.3% to 7.0% based on the delivery destination FIPS code).
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Out-of-State Deliveries: Orders delivered outside the Commonwealth of Virginia do not incur local sales tax unless required by destination state economic nexus thresholds.
5. Promotional Portfolio Consent & Discounts
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Voluntary Portfolio Consent: Customers may be offered the option to grant Hand-Drawn Memories permission to display their completed drawing and reference photo in our online portfolio or marketing materials in exchange for an upfront portfolio discount.
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Consent Form & Terms: Granting marketing consent is entirely voluntary and is governed by our separate Content Use Consent Form.
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Revocation & Discount Recapture: Customers may revoke marketing consent in writing at any time. However, if consent is revoked within 180 days of the agreement, Hand-Drawn Memories reserves the right to retroactively bill the customer for the discounted amount provided.
6. Intellectual Property & Copyright
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Artist Ownership: Hand-Drawn Memories retains all underlying intellectual property rights, copyrights, and moral rights to all pencil drawings created by George, including the right to reproduce, display, or distribute high-resolution digital scans or photographs of the artwork, subject to customer marketing consent preferences.
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Customer Representation: By submitting photographs to Hand-Drawn Memories, you represent and warrant that you own the rights to the photos or have explicit legal authority from the photographer to allow us to create a derivative work of art from them. You agree to indemnify and hold Hand-Drawn Memories harmless from any copyright infringement claims arising from reference photos provided by you.
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Personal Use Only: Customers receive physical ownership of the completed original pencil drawing for private, non-commercial display only. Artwork may not be scanned, resold, mass-reproduced, or used for commercial purposes without prior written authorization.
7. Cancellations, Rejections & Redraws
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Client-Initiated Cancellations: As set forth in Section 2, deposits are generally non-refundable once a commission is placed on the active queue. If a cancellation request is submitted early enough before active drawing has commenced, Hand-Drawn Memories may, at its sole discretion, evaluate the request and consider issuing a partial or full deposit refund.
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Artistic Discretion & Redraws: Because each piece is a hand-drawn artistic interpretation of your photograph, minor stylistic variances are inherent to the medium. Proof photos will be provided prior to dispatch. Minor adjustments may be requested, but complete redraws based on personal preference are subject to additional fees.
8. Limitation of Liability & Governing Law
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Limitation of Liability: In no event shall Hand-Drawn Memories, its owners, or the artist be liable for any indirect, consequential, incidental, or punitive damages arising out of your use of our website or commission services. Total liability shall not exceed the total dollar amount paid by you for the specific commission in question.
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Governing Law & Jurisdiction: These Terms & Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles. Any legal disputes shall be handled exclusively in the state or federal courts located in Virginia.
9. Contact Information
If you have any questions regarding these Terms & Conditions, please contact us at:
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Website: www.handdrawnmemories.com