Terms and Conditions
Whimsy Bird Creative, LLC
(“Artist”, “she”, and “I” refer to Whimsy Bird Creative, LLC)
Last updated: May 2026
These terms outline how commissions and purchases are handled through Whimsy Bird Creative, LLC.
1. Booking & Payment
Full payment is required upfront to secure a commission. No work will begin and no artwork will be released until payment has been received in full. All artwork is sold unframed.
2. Reference Photos
The Client agrees to provide clear reference images. If high-resolution images are not available, a selection of photos may be submitted and the Artist will determine the most suitable reference. Please refer to the Image Guidelines section on the website for additional guidance.
If the Client does not own the copyright to submitted images, they confirm they have permission or rights to use them for artistic reference. The Client is responsible for ensuring proper authorization, and the Artist is not liable for any disputes arising from unauthorized image use.
In cases involving deceased subjects, the Client acknowledges that available reference material may be limited. Every effort will be made to create the best possible artwork from the materials provided.
3. Third-Party Image Rights
If a reference image was taken by a third party, written permission from the photographer or copyright holder must be provided before work begins, granting Whimsy Bird Creative, LLC permission to use the image for artistic reference.
If no permission is provided, the Client confirms they hold full legal rights to the image and assumes responsibility for its use.
Example: Images taken by a groomer, photographer, or other third party. In prior commissions, written permission or documented consent has been provided for records.
4. Sketches & Revisions
Each commission includes one digital sketch review prior to painting. This is the sole revision stage. Once the sketch is approved, no further revisions or alterations will be permitted.
Requests for changes after sketch approval may be declined at the Artist’s discretion.
The Client must indicate at the time of order if a sketch review is required. Further process details are outlined in the FAQ.
5. Artistic Style & Process
All works are executed in the Artist’s established style as shown in portfolio and gallery materials. Artwork is hand-painted and not photorealistic.
The Artist retains full artistic discretion over composition, technique, and execution. Variations between reference material and final artwork may occur due to artistic interpretation and the nature of the medium.
Materials include archival Arches 140 lb / 300 gsm watercolor paper and professional-grade watercolor paints, with highlights applied using Dr. Ph. Martin’s bleed-proof white.
The Artist may decline or modify requests that fall outside her established working style or scope.
Work-in-progress images may be shared publicly unless the Client requests otherwise in writing at the time of commission.
6. Completion Timeline & Availability
Completion time is approximately 3–5 weeks from receipt of reference images, subject to workload. Rush orders are not guaranteed.
Whimsy Bird Creative, LLC offers original artwork and custom commissions only. Prints are not currently offered for commissioned works.
All prices are listed in U.S. dollars. Standard U.S. shipping is included. International shipping is not available.
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, or storage after delivery.
8. Shipping & Liability
All artwork is packaged using protective materials and shipped in rigid mailers marked “Do Not Bend.” Once shipped, the Artist is not responsible for loss, delay, or damage incurred during transit.
If a shipment is delayed beyond a reasonable timeframe, the Client may request assistance in initiating a carrier claim.
In the event of damage, the Client must provide clear photographic documentation of both packaging and artwork within 48 hours of delivery for insurance purposes.
Return of damaged artwork may be required prior to replacement at the Artist’s discretion. Return shipping costs are the responsibility of the Client unless otherwise agreed.
All shipments include tracking and insurance. Orders over $200 require signature upon delivery.
9. International Shipping
Whimsy Bird Creative, LLC currently accepts and ships orders only within the United States. International shipping is not offered at this time. Any changes to this policy will be updated here.
10. Cancellations
Due to the custom nature of the work, commissions may not be canceled once work has commenced.
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 returned within fourteen (14) days of the delivery date, provided that:
The artwork remains in its original sealed, clear protective sleeve containing the artwork.
The tamper-evident seal has not been broken, removed, or altered.
The artwork is returned in the same condition in which it was received.
The artwork is securely packaged for return shipment.
The artwork is intended to be inspected through the sealed, clear protective sleeve containing the artwork.
Because original watercolor paintings are highly sensitive to handling and may be permanently affected by fingerprints, moisture, bending, or other contact, any artwork returned after the sealed, clear protective sleeve containing the artwork has been opened, or with a broken tamper-evident seal, is not eligible for a refund.
The buyer is responsible for all return shipping costs. Returned artwork must be shipped with tracking and adequate insurance coverage for the full purchase price of the artwork. The buyer assumes responsibility for the artwork until it is received by the seller.
If the returned artwork is lost, damaged, or arrives in a condition different from that in which it was originally shipped, the seller reserves the right to reduce or deny the refund based on the loss in value.
Shipping charges are non-refundable.
Commissioned Artwork
All 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 works created, including commissioned pieces.
Purchase of artwork conveys ownership of the physical object only and does not transfer reproduction rights.
Artwork may not be reproduced, distributed, or used for commercial purposes without prior written consent from the Artist.
The Artist reserves the right to create reproductions, including prints, of original non-commissioned works. Prints are not produced for commissioned works.
The Artist may use images of completed works for portfolio, marketing, website, and social media purposes unless the Client requests in writing that the work remain private.
13. Right to Refuse Service
The Artist reserves the right to refuse or cancel any commission at her sole discretion, including but not limited to requests outside her artistic scope, inappropriate communication, or subject matter she deems unsuitable.
Whimsy Bird Creative, LLC does not accept commissions depicting explicit, hateful, discriminatory, political, celebrity, or copyrighted character subject matter.
