Terms and Conditions
Whimsy Bird Creative, LLC
(“Artist,” “Whimsy Bird Creative,” “I,” or “my” refers to Whimsy Bird Creative, LLC)
Last updated: July 2026
These terms outline how commissions and artwork purchases are handled through Whimsy Bird Creative, LLC.
1. Booking & Payment
Full payment is required upfront to secure a commission. Work will not begin and artwork will not be released until payment has been received in full.
All artwork is sold unframed unless otherwise noted.
2. Reference Photos
The Client agrees to provide clear reference images suitable for creating the artwork. If high-resolution images are not available, multiple photos may be submitted, and the Artist will determine the most suitable reference material.
Please refer to the Image Guidelines section for additional guidance on selecting reference photos.
The Client is responsible for ensuring they have permission or legal rights to use any submitted images as artistic references. The Artist is not responsible for disputes related to unauthorized image use.
For deceased subjects, the Client acknowledges that available reference material may be limited. The Artist will make every effort to create the best possible artwork based on the materials provided.
3. Third-Party Image Rights
If a submitted reference image was created by a third party, the Client must have permission or legal rights to use the image before work begins.
The Client is responsible for obtaining any necessary permissions and assumes responsibility for the use of submitted reference materials.
4. Sketches & Revisions
Each commission includes one digital sketch review before painting begins.
The sketch review is the only revision stage. Once the sketch has been approved and painting has started, changes or alterations cannot be made.
The Client is responsible for providing important details, preferences, and requests during the sketch stage.
5. Artistic Style & Process
All artwork is created in the Artist’s established painting and drawing style as shown throughout the portfolio and gallery.
Artwork is hand-created and represents an artistic interpretation of the reference images rather than an exact photorealistic reproduction.
The Artist retains creative discretion over composition, technique, color, and execution. Variations between reference images and final artwork may occur due to artistic interpretation and the nature of the medium.
Materials may include archival watercolor paper and professional-grade art materials.
The Artist may decline or modify requests that fall outside the established style or scope of work.
Completed artwork may be photographed and shared for portfolio, website, and promotional purposes unless the Client requests privacy in writing.
6. Completion Timeline & Availability
Commission completion time is approximately 2–5 weeks after receipt of reference images and required information, depending on current workload and project complexity.
Rush orders are not guaranteed. If you have a specific deadline, please contact the Artist before placing an order to determine whether the timeline can be accommodated.
Whimsy Bird Creative, LLC currently offers original artwork and custom commissions only. Commissioned artwork is not reproduced as prints, merchandise, or other products without the Client’s written permission.
All prices are listed in U.S. dollars.
Artwork is offered in a limited range of sizes to maintain consistency and quality.
7. Artwork Handling & Risk
The Artist is not responsible for damage resulting from improper handling, framing, storage, or care after delivery.
8. Shipping & Liability
Artwork is carefully packaged using protective materials to help ensure safe delivery.
Orders are shipped within the United States only. Standard shipping is included with all orders, and shipments include tracking and insurance.
Delivery times may vary depending on destination and carrier conditions.
Please ensure your shipping address is accurate at checkout. Orders returned due to an incorrect or incomplete address may require additional shipping fees before they can be reshipped, or may be canceled if delivery cannot be completed.
Once an order has shipped, the Artist is not responsible for carrier delays, loss, or damage during transit. If an issue occurs, the Client may contact the Artist for assistance with next steps, including carrier claims when applicable.
In the event of shipping damage, the Client must provide clear photos of both the artwork and packaging within 3 days of delivery. Additional documentation may be required to assist with an insurance claim or determine an appropriate resolution.
In some cases, the original artwork may need to be returned before a refund, replacement (if applicable), or other resolution is provided.
Orders over $200 may require signature confirmation upon delivery.
9. International Shipping
Whimsy Bird Creative, LLC currently ships within the United States only. International shipping is not available at this time.
10. Cancellations
Due to the custom nature of commissioned artwork, commissions cannot be canceled once work has begun.
If the Artist is unable to complete a commission due to unforeseen circumstances, a full refund will be issued.
11. Returns
Original Artwork
Original artwork may be eligible for return within fourteen (14) days of delivery if the artwork remains in its original condition and inside the original sealed clear protective sleeve with the tamper-evident seal intact.
Artwork must be returned securely packaged with tracking and insurance coverage for the full purchase price.
The buyer is responsible for return shipping costs.
Once original artwork has been removed from the protective sleeve, the tamper-evident seal has been broken or altered, the artwork has been damaged, or the artwork has been handled in a way that affects its condition, it is no longer eligible for return.
If returned artwork is lost, damaged, or received in a condition different from when it was shipped, the Artist reserves the right to reduce or deny a refund based on the loss in value.
Commissioned Artwork
Commissioned artwork is created specifically for the purchaser and is final sale. Once work has begun, commissioned artwork cannot be canceled, returned, refunded, or exchanged
12. Copyright & Usage Rights
The Artist retains full copyright and all intellectual property rights to all artwork.
Purchasing artwork grants ownership of the original physical piece only and does not transfer copyright or reproduction rights.
Commissioned Artwork
Artwork created as a commissioned piece will not be reproduced as prints, merchandise, or other products without the Client’s written permission.
Original Artwork
For artwork created independently by the Artist (including pieces created as personal work or gifts), the Artist retains the right to create and sell prints, merchandise, or other reproductions.
The Artist may photograph and display completed artwork in portfolios, on the website, and on social media unless the Client requests privacy in writing before completion of the commission.
13. Right to Refuse Service
The Artist reserves the right to decline or cancel any commission at the Artist’s discretion, including requests outside the Artist’s style, scope of work, inappropriate communication, or subject matter the Artist is unable to accept.
Whimsy Bird Creative, LLC does not accept commissions involving explicit, hateful, discriminatory, political, celebrity, or copyrighted character subject matter.
