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Terms & Conditions
Definition of Client/s | The person/s whose signature/s appear on this document shall be the client/s for this contract, shall be the one/s to whom Samma Charles Art delivers its products, and shall be financially responsible for all payments to be made under this contract. This contract incorporates the entire understanding of the parties, and any modifications to it must be in writing and signed both by Samma Charles Art and by the client/s.
Copyright and Reproductions | It is agreed that Samma Charles Art shall own the copyright to all images and content created through this contract. The Studio shall have the exclusive right to make reproductions for the client/s or for the artist’s portfolios, samples, self-promotions, entry in tattoo contests or art exhibitions, editorial use, for display within or on the outside of the artist’s studio, including but not limited to the internet. The client/s will not copy or reproduce the designs in any way without the Studio’s express written permission. Unauthorised copying or use of the Studio’s images is an infringement of the Copyright and Design Act 1988 and a violation of this contract. Unless specifically stated, this contract does not provide the client/s with any ownership of or rights to use the designs or digital image files created under this contract.
Prices | These prices shall be in effect for a period of sixty days after the date of this agreement. For any additional items, or for contracted items not fully specified or ordered by client/s until after sixty days, prices shall be those in the Studio’s regular pricing in effect at the time any such additional or late order is made.
Personnel | In the event of an Artists illness or incapacity the Studio warrants that a date will be substituted at no additional cost to the client. The Studio may utilise one or more assistants during the session, and such assistant/s may also take photographs/video under the supervision of an artist.
Studio Liability and Performance | The Studio takes great care with respect to the design process, tattoo application and safety. In the event the Studio cannot comply with the terms of this contract due to negligence, oversight, accident, error, omission, any other avoidable or unavoidable circumstance, whether caused by the Studio or otherwise, the Studio’s and/or Artist/s’ liability for this or any other circumstance shall be limited to the amount paid up to that time by the client/s. The Studio does not guarantee to apply any particular image(s) or meet any particular aesthetic criteria as part of its performance under this contract. In addition, failure by the client/s to make any payment as and when agreed shall release the studio from any further responsibility under this contract, without the responsibility to return any monies previously paid to it under this contract. To the extent provided by law Client/s hold harmless the Studio, its officers, agents and employees from all liability, damage, cost or expense arising from claims for injury to persons, damage to property occasioned and any conduct undertaken by reason of this contract (the hold harmless will not apply to the extent an injury is caused by the gross negligence of or the willful misconduct of the Studio, its officer, agents or employees)
Inherent Qualities | The client/s understand/s that tattoos may fade or discolour over time due to the inherent qualities of dyes, inks and materials and agrees to release the Studio and/or artist/s from any liability for any claims based upon such fading or discolouration. Tattoos made at different times, from different equipment, or from different artists, are expected to have variations from each other in colour balance and finish.
Retainer Payments/Liquidated Damages | Once the Studio reserves a date/time for the client/s, it ceases attempting to sell its services for this date/time to others. If the event is cancelled or postponed the Studio suffers a loss. The Client/s agree that it would be difficult to ascertain the damages suffered by Studio as a result of a cancellation or postponement of the event. Therefore, the Client/s agree that if Client/s cancels or postpones the event before the event, that reasonable liquidated damages is the initial retainer payment made by the client/s is not refundable.
The Client/s further agree that if the cancellation or postponement of the event is done within 90 days before the event, the reasonable liquidated damages are all monies, including, but not limited to, the retainer that has been paid to the Studio and are not refundable
Governing Law. This agreement is governed by the law of England and Wales and is subject to the exclusive jurisdiction of the courts of England a Wales.
Counterparts. Client/s and the Studio agree that signatures by facsimile transmission or electronic scan are acceptable and shall have the same force and effect as if an original signature.
Construction and Severability. Wherever possible, each provision of this Agreement shall be interpreted so that it is valid under applicable law. If any provision of this Agreement is held illegal or unenforceable, that provision will be reformed only to the extent necessary to make the provision legal and enforceable; all remaining provisions continue in full force and effect.
This contract incorporates the entire understanding of the parties, and any modifications to it must be in writing and signed both by Samma Charles Art and by the client/s.