Service Agreement
Version: 17 August 2026
This Service Agreement is between Live Wedding Painter Sydney, ABN 52 855 445 276, referred to as the Artist, and the person or persons making the booking, referred to as the Client. The Client may be the couple being married or another person arranging the service on their behalf.
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Acceptance of the Agreement
This Agreement becomes effective when the Client, after being provided with or given reasonable access to this Agreement and the Refund and Cancellation Policy, pays the booking deposit or electronically confirms acceptance of the Agreement, whichever occurs first. Completion of the Client Preferences Form and confirmation of agreement through that form reconfirms the Client's acceptance of these terms. -
Booking Documents
The specific wedding date, venues, package price, payment schedule, planned attendance times and any other booking specific details confirmed by the Artist in writing form part of this Agreement. The Refund and Cancellation Policy also forms part of the booking. Where a specific written booking confirmation or later agreed written variation directly conflicts with a general provision of this Agreement, the specifically agreed term will apply to that matter. The Refund and Cancellation Policy governs cancellations, postponements and refunds. General website content describes the service but does not retrospectively alter an existing confirmed booking. -
Service
The Artist will provide a live wedding painting service in accordance with the package confirmed to the Client. Unless otherwise expressly agreed in writing, the service includes one original 16 x 20 inch acrylic painting on canvas, one pine display frame, the Artist's attendance at the wedding for the agreed period, necessary painting materials and travel to the agreed ceremony and reception venues where those venues fall within the service area confirmed for the booking. -
Subjects and Wedding Moment
The artwork will depict the couple being married only. Additional people, children, pets or other subjects are not included. The painting will be based on one suitable wedding moment occurring before the reception, as agreed or selected in accordance with the Artist's usual process. The Artist does not provide private commissions or combine multiple unrelated wedding moments into one artwork unless expressly agreed in writing before the booking is confirmed. -
Artist Led Composition
The Client is engaging the Artist for the established artistic style, judgement and process demonstrated in the Artist's portfolio. The Artist retains reasonable artistic discretion over composition, perspective, cropping, colour, brushwork, detail, background treatment, placement of the couple and overall execution of the artwork. Client preferences communicated before the wedding will be considered where reasonably compatible with the Artist's style and the agreed service. The service does not include a client directed design or approval process. -
Artistic Interpretation
The artwork is an original artistic interpretation rather than an exact photographic reproduction. The Client acknowledges that original artwork and live painting involve individual interpretation, visible brushwork, simplification, stylisation and variation in colour, likeness and detail. Portfolio examples demonstrate the general standard and artistic approach of the Artist but do not guarantee that a new artwork will be identical to any previous painting. -
Attendance
Unless otherwise confirmed in writing, the Artist's wedding day attendance is limited to a maximum of ten consecutive hours beginning at the scheduled arrival time confirmed for the booking. The Artist may arrive before the ceremony to prepare, obtain references or establish the composition. The agreed maximum attendance period does not automatically extend because the ceremony, photography, transport, reception or other parts of the wedding run later than scheduled. -
Wedding Timeline and Delays
The Client must provide an accurate wedding timeline and information reasonably requested by the Artist before the wedding. The Artist relies on this information when planning the service. Delays to the ceremony, access to the venue, reference photographs, transport, reception commencement or other wedding events may reduce the time available for live painting. Where a delay is outside the Artist's reasonable control, the Artist will not be required to remain beyond the agreed attendance period unless an extension is expressly agreed in writing. A reduction in available painting time may affect the level of detail achievable on the wedding day or require studio completion. -
Reference Photographs
The Artist may take photographs or video reasonably required to create the artwork, document the painting process and record the condition of the artwork. The Client must advise the Artist before the wedding of any known venue, photographer or other supplier restrictions that may affect reference photography. Where a particular wedding moment cannot reasonably be photographed or used, the Artist may use another suitable reference from the wedding or an agreed alternative. -
Client Supplied Reference Material
Where the Client supplies photographs or other third party material for use as a reference, the Client confirms that they are entitled to provide that material to the Artist for the purpose of creating the artwork. The Artist may use that material internally as reasonably necessary to provide the service. This does not give the Artist permission to independently publish or commercially use a third party photographer's original image unless the relevant permission or legal right exists. -
Completion on the Wedding Day
The Artist's intention is to complete the artwork on the wedding day where the agreed timeline provides sufficient usable painting time. On the night completion is based on the reception providing at least six hours of usable painting time unless otherwise confirmed in writing. Usable painting time may be reduced by delays, venue restrictions, late access, delayed reference photographs, relocation or other circumstances outside the Artist's reasonable control. -
Studio Completion
If the artwork cannot reasonably be completed during the agreed attendance period, the Artist may complete the artwork in the studio after the wedding. This may occur where the agreed reception duration provides insufficient painting time or where wedding delays, weather, venue conditions or other circumstances outside the Artist's reasonable control reduce the available time. Any applicable timeframe and return or delivery arrangements will be handled in accordance with the booking details and relevant policies. -
Completion Standard
The artwork is considered complete when the Artist has completed the agreed scope to a standard reasonably consistent with the Artist's portfolio and artistic style. Completion does not depend on a separate subjective approval process by the Client. -
Post Wedding Alterations
Preference based post wedding alterations, additions, repainting, redesign or changes to the composition are not included in the service. A change of mind or a later preference for a different artistic choice does not by itself require alteration of the artwork. If the Artist voluntarily agrees to undertake an additional alteration or addition, the specific scope, timeframe and any applicable cost may be confirmed separately in writing. Agreement to one additional request does not create an entitlement to further alterations or reopen the artwork for general revision. Nothing in this clause limits any right or remedy available to the Client under the Australian Consumer Law where an applicable consumer guarantee has not been met. -
Venue and Workspace
The Client must ensure that the venue permits the Artist to provide the service and that the Artist has reasonable access to the agreed painting location. A safe and reasonably suitable workspace of approximately one metre by one metre should be available. The workspace must allow the Artist to position the easel and materials without creating an unreasonable safety risk or obstructing essential venue operations. -
Safety
The Artist may temporarily stop painting, relocate the setup or modify the working position where reasonably necessary for safety. This may include circumstances involving extreme weather, rain, wind, heat, unsafe guest movement, inadequate shelter, venue instructions or another genuine safety concern. The Artist will take reasonable steps to continue providing the service where it is safe and practicable to do so. -
Weather
Where an outdoor painting location becomes unsafe or impractical because of weather, the Client should provide a suitable indoor alternative where reasonably available. If no suitable alternative is available, the Artist may work from reference photographs or complete the artwork in the studio where reasonably necessary. Weather related arrangements are also subject to the Refund and Cancellation Policy and the Client's rights under the Australian Consumer Law. -
Conduct Around the Workspace
The Client will take reasonable steps to allow the Artist to work without unreasonable interference and to keep the immediate painting area accessible. The Artist will take reasonable care in the placement and use of equipment and materials. Responsibility for any injury, loss or damage will be determined according to the circumstances and applicable law rather than automatically being transferred to either party under this Agreement. -
Other Wedding Suppliers
The Artist will make reasonable efforts to work respectfully alongside photographers, videographers, planners, venues and other wedding suppliers. The Client should communicate any known restrictions relevant to the Artist before the wedding. The Artist is not responsible for the independent acts or omissions of another supplier, guest or venue where those matters are outside the Artist's reasonable control. -
Promotional Consent
Permission to publicly use identifiable wedding photographs, video, behind the scenes content or images of the completed artwork for the Artist's portfolio, website, social media or marketing will be determined by the separate promotional preference selected by the Client. Declining promotional consent does not affect the provision of the wedding painting service. The Artist may retain reasonable private records of the booking and artwork for administration, record keeping, legal and business purposes in accordance with the Privacy Policy. -
Ownership of the Physical Artwork
Once all amounts owing under the booking have been paid, ownership of the physical original artwork passes to the Client. Ownership of the physical artwork is separate from ownership of copyright and other intellectual property rights. -
Copyright
The parties expressly agree that, despite any default rule that may otherwise apply to a commissioned portrait, copyright in the artwork remains with the Artist to the extent permitted by law. The Client receives a perpetual, royalty free, non exclusive licence to display the original artwork and to photograph, reproduce and share images of it for personal and non commercial purposes. The Client must obtain the Artist's written permission before commercially reproducing the artwork, licensing it to another person, using it on merchandise or otherwise exploiting the artwork for commercial purposes. Nothing in this Agreement limits the Artist's moral rights or any rights that cannot lawfully be excluded. -
Payment
The total booking price, booking deposit, remaining balance and payment dates are those confirmed to the Client in writing. The agreed booking price will not change merely because advertised prices later change. Any change in price must arise from an expressly agreed change to the scope or another written agreement between the Artist and Client. Failure to make required payments may result in cancellation of the booking in accordance with the Refund and Cancellation Policy. -
Cancellation and Change of Date
Cancellation by the Client, a requested change of wedding date and cancellation by the Artist are governed by the Refund and Cancellation Policy provided as part of the booking. A requested change of date is subject to the Artist's availability. -
Circumstances Outside Reasonable Control
If circumstances outside the Artist's reasonable control materially affect the planned service, the Artist will take reasonable steps to provide the service in an appropriate alternative manner where possible. Depending on the circumstances, this may include relocation of the setup, use of alternative reference material or studio completion. Nothing in this clause excludes any right or remedy that cannot lawfully be excluded. -
Delivery and Handover
Where the artwork is completed at the wedding, it may be handed to the Client or a person reasonably nominated by the Client. Once the artwork has been handed over, the Client is responsible for taking reasonable care of it. The Artist is not responsible for damage caused after handover by improper handling, storage, transport, exposure or third party conduct, except to the extent the Artist is legally responsible for that damage. Where studio completion is required, the method and timing of return will be arranged in writing. -
Australian Consumer Law
Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law. The Artist will provide the service with due care and skill and will comply with consumer guarantees applicable to the service and artwork. -
Written Variations
A change to the agreed service is only effective where the Artist and Client clearly agree to that change in writing. Written agreement may include email, text message or another recorded written communication. General discussion, suggestions, inspiration images or informal comments do not by themselves alter the agreed scope unless both parties clearly agree that they are varying the booking. -
Additional Services
Where the Artist voluntarily provides something outside the agreed package, this does not create an ongoing entitlement to that service and does not waive any other provision of this Agreement. -
Disputes
If a dispute arises, the Artist and Client agree to first make a reasonable attempt to resolve the matter directly and in good faith. Nothing in this clause prevents either party from exercising a legal right, seeking urgent relief, making a complaint to an appropriate consumer protection body or commencing proceedings where permitted by law. -
Privacy
Personal information will be handled in accordance with the Privacy Policy of Live Wedding Painter Sydney and applicable law. The Client should review the Privacy Policy made available on the website. -
Governing Law
This Agreement is governed by the laws of New South Wales, Australia. -
Severability
If any provision of this Agreement is found to be invalid or unenforceable, that provision will be read down or removed only to the extent necessary. The remaining provisions will continue to apply. -
Acceptance
By paying the booking deposit after receiving this Agreement, electronically confirming acceptance, or completing the applicable agreement confirmation in the Client Preferences Form, the Client confirms that they have had an opportunity to review the Agreement and Refund and Cancellation Policy and agree to the terms applying to the booking.