Once a deposit or invoice from the company The Poole Creative has been paid in part or full by the client it is non refundable. Bookings times and days are fixed once the deposit or invoice has been paid and can only be rearrange with prior agreement.

Payments are to be received in full as per the agreement, quotation or invoice. Failure to pay comply may lead to court proceedings. Payments, deposits or part payments are non refundable. Kate Poole / The Poole Creative reserves the right to cancel or reschedule booked appointments or works for unforeseen circumstances or health and safety concerns.

Terms and Conditions of Sale

‘We’, ‘us’, ‘our’ and ‘The Artist’ means Kate Poole and The Poole Creative. ‘You’, ‘the client’, ‘the customer’, ‘your’ means the person who requested our services and enters into this contract.

Note: For commissioned artwork (Canvas/MDF pieces - Non-mural work) please read Section 4. This is the section you are agreeing to.

Section 1 - Quotation

The agreed final quote represents a written contract for the exact work to be completed at the price quoted.

1. Any agreement made verbally is not covered by the contract unless it has been written into said contract.

2. The agreement is made between The Poole Creative and the client. The client is identified as the person who requested the quotation.

3. Kate Poole and The Poole Creative will not enter into any dialogue, accept any requests or communicate in any way with anyone other than the client except where the client has provided written permission that allows them to do so.

4. The acceptance of the quote, electronically or by any other means signifies a full acceptance and commitment to accept these terms and conditions.

5. Any quote or estimate is subject to revision if there are any changes to the nature or extent of the requested work. This may apply to both labour and materials, this will be communicated to the client at the earliest possible point.

6. Payments are to be received in full as per the qualifications attached to the quotation. Failure to comply may lead to court proceedings. Deposits are non refundable. The Poole Creative reserves the right to cancel or reschedule booked work for unforeseen circumstances or health and safety reasons.

Section 2 - Payment

1. Stage Payments; Any stage payments will be detailed in our quotation.

2. Day Rate works: If works are carried out on day rate basis our standard day rate covers Monday to Friday during normal working hours. Saturdays, bank holidays and out of hours works are charged at a premium rate. Day rate invoices will show the labour element, materials, specialist equipment and ‘Sundry items’.

3. As part of our commitment to providing excellent customer service we aim to ensure that we deliver a high standard of service and workmanship and that the customer is completely satisfied with the works carried out under the terms of the agreement. If you are not satisfied with the standard of work for whatever reason, we will endeavour to remedy the issue. Any grievances should be brought to our attention by email within 5 days of the completion of works. Kate and The Poole Creative should be given first opportunity to carry out any repair or remedial works required. If any third party is allowed access for remedial works without The Poole Creative’s prior knowledge, the customers contract with Kate and The Poole Creative shall be rendered void with immediate effect. The Poole Creative will not accept liability for any remedial works carried out by a third party whatsoever.

4. Our payment terms strictly 14 days from date of invoice. A deposit of 50% of the total payment due will be required prior to works, with the remainder being paid immediately upon completion of works.

Section 3 - Materials and equipment

Hire charges for specialist access and specialist machinery will be in addition to decorative materials used to complete the works and will be detailed within your quotation.

All necessary materials can be provided by us and will always be of high quality and used in an appropriate manner as per the manufacturer’s guidelines. We cannot guarantee any materials provided by the customer. Where it is necessary to match existing decor, our work will be carried out with this in mind, using appropriate materials that provide an exact match where possible. If an exact match will not be achievable, the client will be consulted.

Section 4 - Commissioned Artwork (Non-Murals)

For all commissioned artwork to hang in your home the terms highlighted in Sections 1 - 3 hold and must be read and agreed.

1. Commission: The piece of artwork will satisfy the requests of the customer, these requests must be in writing directly to Kate or The Poole Creative.(Include info such as framing, what it will look like, what kind of file it will be delivered as, number of figures, etc). 

2. Reference Photo(s): Quality reference photos matter and make a huge difference in the end product of portraits. It also helps to have multiple reference photos for the best capture. 

   The Customer confirms that reference photos are of the best quality available, well lit and without significant obstruction such as graininess or blurred images. If the supplied photos do not meet these qualifications, then the customer will be notified and understands that it may heavily impact the success of the artwork as far as recognisability and realism. 

3. Right to Refusal: The Customer retains the right to not purchase commissioned artwork at any time. Please note that any money already paid before refusal, will not be refunded to the Customer under these circumstances. This statement relieves The Artist of being indebted to Customer if this occurs. 

4. Review: Upon completion, the Artist will supply images of the completed work for approval. If the Customer has not paid in full then the images will be heavily watermarked. These watermarks will not obstruct the view of the artwork so much that the Customer will not be able to determine approval.

5. Revisions: Satisfying the customer is of utmost importance but there ARE limits to what will be altered at the request of the customer. The Artist will only make revisions that are within the confines of existing style and that do not clash with the mission or vision of the artist. This is for the intent of staying committed to business purpose and brand. 

   One (1) round of revisions are offered free of charge. After that there is a flat rate of £60 - £100 depended on the level of revisions required. The Customer will be notified of a new completion date at the request of any revisions. 

6. Late Delivery: ALL attempts will be made to complete the artwork by the above listed date but in the case of unforeseen circumstances, the customer will be notified of any delays within 72 hours of the due date or as soon as a delay is caused. Customer will be reimbursed (or discounted) 20% of the price if it is not delivered on time and reimbursed (or discounted). This disclaimer only exists for extreme circumstances, artwork is nearly always delivered on time. 

7. Copyright: Artist retains all copyright of the produced artwork. Ultimately this means that the customer has permission to share the work publicly and use it on display for private use but any reproduction of the work, especially reproductions that will be used for profit or commercial uses, is strictly prohibited unless approved by the artist in writing. Failing to do so is a crime and may result in legal action. 

8. Sharing of Art: Social media sharing and other public sharing of artwork are vital for marketing purposes of the Artist. This includes, but is not limited to; artwork potentially being displayed on artist’s Facebook, Instagram, TikTok, website, studio, brochures, web and print advertisements and business documents. The Customer consents to completed work, as well as reference photos, being used for these purposes.

   If there are things that the customer does not consent to then they are as follows. This may result in a higher price as it ultimately hurts the Artist’s ability to advertise business representatively. When sharing work publicly, the Customer agrees to give the Artist credit though clear and visible labelling, tagging or verbal acknowledgement.

9. Delivery of Physical Art: In person delivery is always preferred over shipping. For physical artworks Delivery will be provided to the local area free of charge. Delivery within the driving area but further a field in Warwickshire and wider areas will be provided at a listed delivery price. Anywhere outside of the Artists driving area will require shipping by mail. This can get pricey and may be upwards of £100 depending on the size and weight of your canvas. 

   If getting artwork shipped, please note that the Artist is not responsible for any possible damage during shipment. The Artist will pack artwork with the finest packing materials for fragile work and label the package “Fragile” but it does not guarantee damage free delivery.  Shipping Insurance can be purchased by the customer ahead of time. 

Section 5 - Consent of filming

Prior to commencing the Mural work, Kate will discuss with you how she films the process, she will create a piece of the work being created that you will be sent after it has been completed. This will be free of charge providing you consent to the footage being used to promotional work. If you do not consent to filming taking place you will need to express this in writing to The Poole Creative before the project is undertaken.

Social media sharing and other public sharing of artwork are vital for marketing purposes of the Artist. This includes, but is not limited to, artwork potentially being displayed on artist’s Facebook, Instagram, TikTok, website, studio, brochures, web and print advertisements and business documents. The Customer consents to completed work, as well as reference photos, being used for these purposes.

If there are things that the customer does not consent to then they are as follows.

Section 6 - Preparation of the space

It is the responsibility of the client to ensure that all valuable and/or fragile items, pictures and other wall-hangings and electrical goods are removed from the rooms that works are to be carried out.

Any items that cannot to be moved from the working areas will need to be suitable covered by the client, however they will remain in place at the customers own risk, including carpets and floor coverings. We aim to only get paint on the walls, but accidents do happen!

Where items cannot be covered or protected, but could easily have been removed, we will request that they are removed before work commences. We cannot be held liable for damage to such items if they are not removed after such a request.

Before any Kate can begin, the wall to be painted should be smooth, clean and free from any grease or grime. This preparation work is to be carried out by the client, however, if it is more convenient then this work can be undertaken by The Poole Creative for an additional fee. Any holes or dents in the wall should be filled and sanded flush with the wall; and two coats of white vinyl matt emulsion should be applied. This depends on the final background colour that will be applied to the mural. Clients are requested to prepare the walls by cleaning with sugar soap at least 48 hours before painting is due to commence. A cleaned and prepared wall will create a better surface for the mural paints to adhere to and will avoid any future peeling or flaking.

Section 7 - Health and Safety

We will not decorate any surface that have a we good reason to suspect is asbestos. The removal of asbestos if required by the customer is to be completed by a qualified specialist.

We may on occasion request that tools be left on site overnight. The client reserves the right to decline such requests with the proviso that the financial cost of any loss or damage to tools while left on site may be charged to the client.

The client will be expected to provide electrical power, running water and toilet facilities where reasonably possible.

If there are parking restrictions immediately and surrounding the site, we may request the temporary use of the customers driveway or parking space if available.

Road closures, pavement licences if required are to be sort from local authorities and paid for by the client.

Section 8 - Cancellation

A client wishing to cancel a mural to be painted by The Poole Creative, you may do so by giving notice in writing to The Poole Creative within 5 days of the agreed start date of the commission. The initial set up fee, may not be refunded which is used to part purchase artists materials or any other items pertaining to the commission.

If the cancellation of a mural/wall board or artwork occurs whilst in progress and is being painted at the client’s property, then payment for the work undertaken to that point, will be calculated against the agreed commission fee. The payment of this amount will be required upon presentation of an invoice for the incomplete work/s and no refund of the set up fee will be given for partly used materials or other items.