By executing any contract, commission agreement, invoice, proposal, purchase order or by submitting payment for services with La Costiera Galleria, the client acknowledges and agrees that these Terms of Service are incorporated by reference into and form part of any such agreement. Execution of a written contract or submission of payment constitutes full acceptance of these Terms of Service, whether or not the client has separately signed this page.Disclaimer: La Costiera Galleria provides separate Terms of Service for our Art Prints (Archival Smooth Matte & Fine Arts Giclée Canvas Prints) and our Mobile Monet 30A Experiences. Please scroll down to read the section relevant to your order or booking. La Costiera Galleria | Terms of Service
Effective Date: The date on which the Client places an order, submits payment, checks acceptance, or otherwise engages services (“Effective Date”).
Welcome to La Costiera Galleria (“Gallery,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern all access to and use of our services, including commissioned artwork, prints, and related offerings.
By placing an order, submitting payment, approving work, signing an agreement, or otherwise engaging our services, you (“Client”) agree to be bound by these Terms.
These Terms apply only to commissioned artwork, prints, and related services and do not apply to mobile painting events, workshops, classes, or other offerings unless expressly stated.
The Gallery may update these Terms at any time by posting changes on this page. Continued use of services constitutes acceptance of updates.
SECTION 1: COMMISSIONED ARTWORK SERVICES
1.1 Scope of Services
These Terms apply to all commissioned artwork, prints, and related services provided by the Gallery for residential or commercial properties.
Projects may be completed in phases (“Project Phases”), which may include individual rooms, spaces, or groupings of artwork.
Each invoice, proposal, written approval, or payment constitutes authorization of a Project Phase and is binding.
The Client is not obligated to proceed with future phases; however, all approved, in-progress and completed phases are:
Non-cancellable
Non-refundable
Fully enforceable
Each phase is considered a standalone executed service.
1.2 Services Offered
The Gallery provides commissioned artwork services including but not limited to:
Illustrations
Custom paintings
Portraits (including pets)
Architectural renderings
Fine art and reproduction-based works
Print production services
All work is created in the signature style of La Costiera Galleria.
While reasonable requests may be considered, all artistic decisions, techniques, composition, and interpretation remain solely at the discretion of the artist.
To ensure clarity and prevent misunderstandings, the Client acknowledges and agrees to the following distinctions between La Costiera Galleria’s two primary creative services:
A Classic/Classical Illustration
A Classic Illustration is a precise, detailed artistic interpretation of an existing, clearly defined subject, such as a photograph, building, landmark, object or image of people.
It is created in the established La Costiera Galleria illustration style, focusing on: accuracy, proportion, structure, refined detail and faithful representation of the provided reference.
Classic Illustrations are not conceptual artworks and do not include creative direction, mood development or conceptual design beyond what is shown in the reference materials.
A Custom Painting
A Custom Painting is a fully conceptual, collaborative artistic process created from an idea, emotional inspiration, theme or vision. This service includes: creative direction, conceptual exploration, mood board or vision development, interpretive artistic decisions, original composition and design.
Custom Paintings are not based solely on a single photo or fixed structure. They involve deeper artistic development, original concepts and significantly more creative time.
Non-Interchangeability of Services
These two services, Classic Illustration and Custom Painting, are distinct, each with its own: process, creative scope, time investment, pricing structure and artistic intention.
For this reason, they cannot be exchanged, altered, reclassified or converted once an order has been placed or once work has begun.
Any request to transform one type of service into the other (e.g., changing a Classic Illustration into a Custom Painting) is considered a new commission and requires a new agreement and full payment.
Client Responsibility
It is the sole responsibility of the Client to ensure they understand which service they are commissioning. The Client must provide all required reference materials, direction, inspiration or information before the artist begins the work.
The Gallery is not responsible for misunderstandings, errors or dissatisfaction resulting from incomplete, unclear or missing information provided by the Client.
Refunds, chargebacks, order disputes or reversals based on a change in artistic preference, rather than a failure to deliver the originally agreed-upon service, will not be accepted.
Clients are strongly encouraged to confirm their selected service in writing prior to purchase.
1.3 Reference Materials
The Client must provide:
High-quality reference images
All written direction must be provided at the time of signing and payment (if applicable)
All relevant project details prior to commencement
The Gallery is not responsible for delays or inaccuracies caused by poor or incomplete references.
1.4 Artistic Interpretation
All artwork involves artistic interpretation.
The Client acknowledges that:
Minor variations in composition, color, texture, and detail are expected
These variations are not defects
Final interpretation remains with the artist
1.5 Turnaround Time
All timelines are estimates only and may vary due to:
Complexity
Volume of work
Production conditions
External delays
Delays do not constitute breach.
1.6 Revisions
Unless otherwise stated, custom paintings include:
Two (2) rounds of minor revisions
Minor revisions, small refinements only
Major revisions (composition, subject changes, redesigns) incur additional fees
The Gallery may refuse revision requests that:
Exceed original scope
Alter artistic integrity
Conflict with the established style
1.7 Project Initiation and Creative Direction
If a project has not been officially started or paid for, the Gallery does not retain notes, ideas or conceptual plans for future reference. Work begins only once the order is placed and the final reference photo is confirmed. Any earlier ideas or concepts discussed in prior conversations or messages are not automatically included or carried over. To ensure your vision is incorporated, all creative direction, reference materials and ideas must be clearly provided at the time of signing the contract and submitting payment.
1.8 Authorization for Production, Printing & Delivery
Upon completion of the commissioned artwork, La Costiera Galleria will notify the Client that the artwork is complete and ready for final approval. The Client must provide written authorization (via email, message or other written communication) approving the artwork for printing, framing and/or delivery (“Production Authorization”).
No printing, framing or delivery will occur until written Production Authorization is received. The Client acknowledges that written confirmation is required to proceed with physical production and delivery of the completed artwork.
If the Client fails to provide written Production Authorization within fourteen (14) calendar days of notification of completion, the artwork shall be deemed completed and fulfilled for purposes of this Agreement. Any delay in authorization shall not be considered a failure to perform by the Gallery.
La Costiera Galleria is not responsible for delays, storage considerations or additional costs resulting from the Client’s failure to provide timely written authorization.
1.9 Storage & Administrative Handling
If Production Authorization is not received within thirty (30) calendar days of completion notice, La Costiera Galleria reserves the right to apply reasonable administrative or storage handling measures. The Gallery is not responsible for indefinite storage of completed artwork and may require additional fees prior to future production or delivery.
SECTION 2: FEES & PAYMENTS
2.1 Fees
The Client agrees to pay the total amount shown on the invoice (“Fee”). Fees may be paid in full before the artwork process begins, or through an approved payment plan if available. The artwork process will not commence until the commissioned piece has been paid in full.
2.2 Payment Plans
If the Client selects a payment plan:
All payments must be completed in full.
The Client is responsible for the entire Fee, regardless of plan terms.
Failure to complete payments constitutes a breach of this Agreement.
2.3 Non-Refundable Policy
All commissioned artwork purchases are NON-REFUNDABLE and non-transferable.
Due to the personalized, custom nature of commissioned art:
No refunds or cancellations will be given once the order is placed.
This includes changes of mind, dissatisfaction with artistic style or delays caused by the Client.
Completed Artwork & Refund Disclaimer
The Client acknowledges that completion of the commissioned artwork constitutes fulfillment of the Artist’s creative obligation, regardless of whether the Client provides Production Authorization for printing or delivery.
No refunds will be issued for completed commissioned artwork, including but not limited to situations where the Client fails to authorize printing, framing or delivery after completion. The decision not to authorize production does not constitute a failure to deliver services under this Agreement.
2.4 Credit Card Authorization
By providing a payment method, including credit card, debit card, Zelle, Apple Pay, bank transfer or Venmo, the Client authorizes the Gallery to charge the selected method for all Fees. Any chargeback or payment reversal attempt constitutes a breach of this Agreement (see Section 3.3).
2.5 Completed Artwork & Refund Disclaimer
The Client acknowledges and agrees that completion of the commissioned artwork constitutes full performance of the Artist’s creative services, regardless of whether the Client provides written Production Authorization for printing, framing, or delivery.
No refunds will be issued for completed commissioned artwork, including but not limited to circumstances in which the Client chooses not to authorize production, printing, framing, or delivery after completion.
Failure or refusal to provide Production Authorization does not constitute dissatisfaction, non-delivery, or breach of this Agreement by the Gallery and shall not serve as grounds for refunds, reversals, payment disputes, or chargebacks.
SECTION 3: TERM, TERMINATION & CHARGEBACKS
3.1 Term
This Agreement begins on the Effective Date and continues until all Services are completed.
3.2 Termination by Company
The Gallery may terminate a commission if:
The Client violates these Terms.
The Client behaves in a disrespectful, aggressive or unreasonable manner.
The Gallery determines the project is not a good fit.
If termination occurs due to Client breach, no refunds will be issued.
3.3 Chargebacks
Any attempt to dispute charges based on lack of production authorization, delayed approval, or refusal to approve printing or delivery after artwork completion shall be considered a willful breach of this Agreement.
Upon any Chargeback (successful or not):
The Gallery may pursue all Fees owed.
Client is responsible for all expenses, including legal fees and lost revenue.
If a Chargeback is successful, the Gallery is entitled to liquidated damages equal to twice the Fee plus expenses.
The Client agrees to resolve all concerns directly with the Gallery before attempting any financial dispute.
SECTION 4: INTELLECTUAL PROPERTY & USAGE RIGHTS
4.1 Copyright Ownership
The Gallery retains full copyright and all intellectual property rights to all commissioned artwork, including all sketches, drafts and final illustrations.
4.2 Personal Use License
Upon completion and full payment, the Client receives a personal-use license to display the artwork in their home or personal spaces.
4.3 Prohibited Uses
Unless a written licensing agreement is purchased separately, the Client may NOT:
Sell, reproduce or distribute the artwork.
Use the artwork for marketing, business, branding, editorial or resale.
Alter, edit or create derivative works.
4.4 Artist Portfolio Rights
The Gallery may display commissioned artwork in its portfolio, website, galleries, social media and marketing materials unless the Client purchases a privacy add-on or specifically requests otherwise in writing at the time of purchase.
SECTION 5: DEFAULT & REMEDIES
5.1 Remedies
If the Client breaches this Agreement, the Gallery may pursue all legal and equitable remedies available.
5.2 Attorney Fees
If legal action is required to enforce this Agreement, the Client will be responsible for all Company legal fees and related expenses.
5.3 Governing Law
These Terms are governed by the laws of the State of Florida. Any disputes shall be handled exclusively in a Florida court of appropriate jurisdiction.
SECTION 6: LIMITATIONS & DISCLAIMERS
6.1 No Guarantees
Art is inherently subjective. The Gallery makes no guarantees regarding outcome, likeness, stylistic expectations or satisfaction.
6.2 Limitation of Liability
To the fullest extent permitted by law, the Gallery will not be liable for:
Losses resulting from artistic interpretation.
Delays caused by the Client or third parties.
Damage occurring during shipping due to carrier handling (claims must be filed with the carrier).
The Gallery’s total liability shall never exceed the amount paid by the Client.
SECTION 7: MISCELLANEOUS
The Client affirms they have the legal right to share reference photos (e.g., wedding photographers, studios, etc.). The Client is responsible for securing permissions.
These Terms constitute the entire agreement.
If any part is deemed unenforceable, the remainder remains valid.
By placing an order or engaging services, the Client acknowledges and agrees to these Terms in full.
____________________________________________________________
Terms of Service for Prints
Effective Date: The date on which the client places an order and checks the box or signs the agreement indicating their acceptance of these Terms (“Effective Date”).
Please read these Terms of Service (“Terms”) carefully before ordering any prints from La Costiera Galleria (“Gallery,” “we,” “our,” or “us”). By placing an order for a print, you (“Client”) agree to be bound by the following Terms.
These Terms apply only to Archival Smooth Matte Prints and Fine Arts Giclée Canvas Prints and do not apply to commissioned original artwork, mobile painting events, classes or other offerings.
The Gallery may update or modify these Terms at any time by posting changes on this page. It is the Client’s responsibility to review these Terms periodically.
SECTION 1: SERVICES
1.1 Print Services
La Costiera Galleria agrees to produce and deliver prints based on artwork created by the Gallery (“Services”). This includes Archival Smooth Matte Prints, Fine Arts Giclée Canvas Prints and other print formats as described at checkout.
All prints are produced in the signature artistic style of La Costiera Galleria. While the Gallery will consider reasonable requests (e.g., sizing, framing and paper or canvas selection), all production decisions, including color adjustments, material selection and finishing, remain at the sole discretion of the Gallery to maintain quality and artistic integrity.
1.2 Reference Artwork
All prints are derived from existing artwork by La Costiera Galleria. Clients must ensure the artwork selected for printing is appropriate and that they have the rights to reproduce the image if it involves third-party content.
The Gallery is not responsible for misrepresentation or dissatisfaction due to color variations between digital images and final prints, nor for imperfections caused by the printing process, including but not limited to texture, light reflection or minor color deviations.
1.3 Artistic Interpretation
Although prints are faithful reproductions of original artwork, slight variations in color, texture and detail may occur due to the printing process. Clients acknowledge that these variations are normal and acceptable.
1.4 Turnaround Time
Estimated production and shipping timelines will be communicated at the time of order. Timelines may vary based on print size, quantity, shipping method, production volume or unforeseen circumstances beyond the Gallery’s control.
1.5 Revisions and Customizations
Unless otherwise specified, print orders may include:
Minor adjustments to size or framing.
Requests for specific paper or canvas finishes.
Requests to alter the artwork itself (e.g., composition, elements, colors) are not available for prints, as they are reproductions of existing artwork. Any such request would constitute a new commission of original artwork.
1.6 Client Responsibility
Clients are responsible for reviewing all order details, size, material, quantity and shipping information, prior to checkout. The Gallery is not responsible for errors resulting from incorrect or incomplete order details provided by the Client.
Refunds or order cancellations due to changes in personal preference, mistakes in selection, or dissatisfaction with print materials will not be accepted.
SECTION 2: FEES & PAYMENTS
2.1 Fees
The Client agrees to pay the full amount indicated on the invoice or at checkout (“Fee”).
2.2 Payment
Payment must be completed in full before production begins. Accepted payment methods include credit card, debit card, Zelle, Apple Pay bank transfer, Venmo or cash.
2.3 Non-Refundable Policy
All print orders are NON-REFUNDABLE and non-transferable due to the personalized nature of production and materials.
No refunds, cancellations, or reversals will be provided for:
Change of mind
Dissatisfaction with material, color or finish
Delays caused by Client errors or missing information
2.4 Credit Card Authorization
By providing a payment method, the Client authorizes the Gallery to charge the full Fee. Any attempt at a chargeback or payment reversal is considered a breach of this Agreement (see Section 3.3).
SECTION 3: TERM, TERMINATION & CHARGEBACKS
3.1 Term
This Agreement begins on the Effective Date and continues until the Services (production and delivery of prints) are completed.
3.2 Termination by Company
The Gallery may cancel or refuse an order if:
The Client violates these Terms
The Client acts in a disrespectful, abusive or unreasonable manner
The Gallery determines the order is not feasible
No refunds will be issued for terminated orders due to Client breach.
3.3 Chargebacks
Any attempt to dispute or reverse payment (“Chargeback”) is strictly prohibited and considered a breach.
In the event of a Chargeback:
The Company may pursue the full Fee owed
The Client is responsible for all expenses, including legal fees and lost revenue
If the Chargeback is successful, the Gallery is entitled to liquidated damages equal to twice the Fee plus expenses
Clients agree to resolve all concerns directly with the Gallery before initiating any financial dispute.
SECTION 4: INTELLECTUAL PROPERTY & USAGE RIGHTS
4.1 Copyright Ownership
The Gallery retains all copyright and intellectual property rights to all artwork reproduced in print form.
4.2 Personal Use License
Upon full payment, the Client receives a personal-use license to display the print in homes, offices or personal spaces.
4.3 Prohibited Uses
Without a separate written license, the Client may not:
Reproduce, sell or distribute the print
Use the print for marketing, branding or commercial purposes
Alter, edit or create derivative works
4.4 Artist Portfolio Rights
The Gallery may display prints in its portfolio, website, galleries, social media and marketing materials unless the Client purchases a privacy add-on or requests otherwise in writing at the time of order.
SECTION 5: DEFAULT & REMEDIES
5.1 Remedies
If the Client breaches this Agreement, the Gallery may pursue all legal and equitable remedies available.
5.2 Attorney Fees
If legal action is required to enforce these Terms, the Client will be responsible for all Gallery legal fees and related expenses.
5.3 Governing Law
These Terms are governed by the laws of the State of Florida. Any disputes shall be handled exclusively in a Florida court of appropriate jurisdiction.
SECTION 6: LIMITATIONS & DISCLAIMERS
6.1 No Guarantees
Prints are reproductions of original artwork. The Gallery makes no guarantees regarding color, finish or subjective satisfaction.
6.2 Limitation of Liability
To the fullest extent permitted by law, the Gallery is not liable for:
Losses resulting from artistic interpretation
Delays caused by Client error or third-party carriers
Damage during shipping (claims must be filed with the carrier)
The Gallery’s total liability shall never exceed the amount paid by the Client.
SECTION 7: MISCELLANEOUS
Clients affirm they have the legal right to use any third-party reference images or content.
These Terms constitute the entire agreement between the Client and the Gallery.
If any provision is deemed unenforceable, the remainder remains valid and in effect.
____________________________________________________________
Terms of Service for Mobile Monet 30A Experiences
Effective Date: The date on which the client places an order and checks the box or signs the agreement indicating their acceptance of these Terms (“Effective Date”).
Please read these Terms of Service (“Terms”) carefully before booking a Mobile Monet 30A experience with La Costiera Galleria (“Gallery”). By booking a session, you (“Client” or “Host”) agree to be bound by the following Terms.
These Terms apply exclusively to the Mobile Monet 30A on-site painting experience and do not apply to commissioned artwork, prints or other offerings by the Gallery.
The Company may update or modify these Terms at any time by posting changes on this page. It is the Client’s responsibility to review these Terms periodically.
SECTION 1: SERVICES PROVIDED
1.1 Scope of Services
La Costiera Galleria agrees to provide a luxury mobile paint party at the address provided by the Host. Services include:
Setup of painting materials (1 hour)
Professionally guided paint party experience (3 hours)
Thorough cleanup following the event (1 hour)
All services are provided as-is, within the private domain and are subject to availability and the terms of this Agreement.
1.2 Client Responsibilities
The Host agrees to:
Provide a clean, safe and accessible environment with adequate lighting, ventilation and space.
Clear furniture, rugs and fragile items prior to the arrival of Gallery staff.
Permit Gallery access at least 60 minutes prior to the scheduled start time for setup.
Ensure adult supervision of minors during the event.
Cover or protect any furniture or fragile items as needed.
The Gallery is not responsible for damage to surfaces or property not properly protected by the Host.
1.3 Photography Consent
Unless otherwise requested in writing prior to the event, the Host and participants consent to photography and videography during the event for marketing and promotional purposes. No names or identifying details will be shared. Images or footage of minors will only be used with prior parental or legal guardian consent, in accordance with applicable privacy laws.
SECTION 2: FEES & PAYMENT
2.1 Service Contribution & Booking Fee
Additional Guests:
If additional guests are added on the day of the event, and the Gallery determines there is sufficient space, staffing, and materials, the Host agrees to pay $650 per added guest, due immediately upon acceptance by the Gallery.
2.2 Deposit
A 50% non-refundable deposit is required to reserve the date and time of the event.
2.3 Final Payment
The remaining balance is due no later than 48 hours before the event start time.
2.4 Accepted Payment Methods
Cash, Zelle, Venmo, or Apple Pay
Failure to make final payment by the deadline may result in cancellation of services without refund of deposit.
SECTION 3: CANCELLATION POLICY
Cancellations made 7 or more calendar days before the event may reschedule once without penalty.
Cancellations within 7 days before the event will forfeit the deposit.
Cancellations or no-shows within 48 hours of the event are non-refundable.
The Gallery reserves the right to cancel or reschedule the event in cases of emergency, natural disaster or unforeseeable circumstances beyond its control.
SECTION 4: LIABILITY WAIVER & DAMAGE
4.1 Liability Waiver
All guests participate voluntarily and at their own risk. While Gallery staff take precautions including waterproof mats and protective aprons, the Gallery shall not be held liable for:
Personal injury or illness
Property damage
Paint stains or accidents occurring before, during, or after the event
Aprons are provided but do not guarantee full protection. The Host agrees to hold the Gallery harmless for damages or claims resulting from guest behavior or failure to follow instructions.
4.2 Damage Clause
The Host is responsible for damages to Gallery property or equipment caused by negligence, misconduct or failure to supervise guests. The Host agrees to reimburse the Gallery for repair or replacement costs.
SECTION 5: WEATHER & EMERGENCIES
If setup is not feasible due to weather or emergencies, the Gallery reserves the right to reschedule the event to a mutually agreed-upon date. Travel delays due to weather or emergencies will be communicated promptly to the Host.
SECTION 6: INDEMNIFICATION
The Host agrees to indemnify, defend, and hold harmless La Costiera Galleria, its owners, employees, contractors and affiliates from any claims, losses, damages or expenses (including attorney’s fees) arising out of:
Injury to persons or property damage at the event
Any negligent or intentional act or omission by the Host or guests
Any violation of this Agreement by the Host
SECTION 7: TERM, TERMINATION & CHARGEBACKS
7.1 Term
This Agreement begins on the Effective Date and continues until the completion of the Mobile Monet 30A event.
7.2 Termination by Company
The Company may terminate the event if:
The Host or guests violate these Terms
Participants behave in a disrespectful, unsafe or disruptive manner
The Gallery determines the event is not a suitable fit
No refunds will be issued in cases of termination due to Host or participant breach.
7.3 Chargebacks
Any attempt to dispute or reverse payment is prohibited and considered a breach. The Gallery may pursue all Fees owed, including legal fees. Liquidated damages may apply if a chargeback is successful.
SECTION 8: MISCELLANEOUS
The Client affirms they have the legal right to host the event at the selected location.
These Terms constitute the entire agreement. If any part is unenforceable, the remainder remains valid.