The Laws of the Land!

Tattoos

Note: Emily Ann Wells is referred to as 'Emiscape' in the terms and conditions.

1. Payments: A 40% deposit is required to secure the session. The remaining 60% along with any additional fees is to be paid at the end of the first session.

2. Large Tattoos: Large tattoos incur a $140 AUD fee for every 3cm over 22cm.

3. Customs tattoos: Custom tattoos incur a $90 AUD fee per tier.

4. Pricing: Pricing is subject to change if the workload is different compared to what the client booked. Clients will be informed in such scenarios.

5. Invoicing: Clients can receive a tax invoice after their session has concluded.

6. Finished Tattoos: Clients understand that tattoos may not look exactly like a reference due to factors such as the clients skin quality, reaction to ink, and movement during a session.

7. Touch-ups: Clients are entitled to a free touch up 6 months from the date of the session provided the client did not negatively impact their tattoo.

8. Design Placement: Clients are forbidden from getting tattooed on their head, face, neck, armpits, hands, fingers, soles, private areas, and all internal regions.

9. Design Availability: Clients are forbidden from getting a design(s) that has been taken. Clients that do book in for a design(s) that has been taken will have a custom design created for them similar in nature to the design they attempted to book in. Otherwise, clients may select an available design instead.

10. Design Reservation: Designs are reserved for clients up until the session date. If a session were to be rescheduled beyond 3 months from the original session date, Emiscape may withdraw the reservation. Clients who had a session that was cancelled lose reservation entitlements.

11. Design Creation: Clients understand they are trusting Emiscape's creative vision when booking in and are granting Emiscape complete artistic liberty and autonomy when creating a design.

12. Rights Disclaimer: Getting a tattoo does not grant ownership nor rights to the design(s). Emiscape remains the sole owner of the design(s). Getting a tattoo grants a licence to the client so that they may have the design(s) on their skin for non-commercial purposes. The licence may not be shared, meaning the client cannot grant the licence's abilities to another person.

13. Publishing: Clients are the only individuals permitted to publish the design(s) (e.g. a post about the design(s) on social media) besides Emiscape. Clients must only use unedited material of the original design(s) and provide credit to 'Emiscape' in an obvious fashion. Clients must also tag and mention Emiscape's account on the platform they wish to publish the design(s) on. This is applicable to both the design itself and the tattoo featuring the design.

14. Additional people: Clients are forbidden from bringing additional people with them to the session. Exceptions may be granted provided the client obtains permission from Emiscape by reaching out via the inquire page at least 3 days before the session. Clients otherwise will have their session cancelled and get blacklisted.

15. Late Arrivals: Clients must provide notice if they are more than 15 minutes late or they will incur a $90 AUD fee. Clients that are more than 30 minutes late with no notice will be considered a no-show, have their session cancelled, and get blacklisted. Clients that do provide notice and are more than 30 minutes may have their session rescheduled by Emiscape if there are scheduling issues. Clients also may offset the $90 AUD fee by going up a session tier. Notice can be provided via ‘hello@emiscape.art’.

16. Rescheduling (Emiscape) : The date and/or time of the session is subject to change in certain circumstances. Clients will be informed in such scenarios.

17. Rescheduling (Clients): Clients may reschedule one time provided notice is given at least 10 days before the session. Clients must select a new available session within 24 hours of providing notice. Clients otherwise will have their session cancelled. Notice can be provided via the inquire page.

18. Cancellations: Clients may cancel their booking, but most provide notice at least 3 days before the session. Clients otherwise will get blacklisted. Notice can be provided via the inquire page.

19. Due Diligence: Clients have read the care page and FAQ page to understand Emiscape’s advice on precare and aftercare, as well as Emiscape’s standings on certain topics.

20. Refunds: Due to the nature of bookings, tattoos and art, no refunds will be issued in any scenario. Please only submit your booking once you've considered the risks associated with booking in for a tattoo.

21. Exceptions: Exceptions to any of the terms and conditions listed may be issued at Emiscape's discretion.

22. Legal: Emiscape’s policies and procedures reflects all obligations required by local, state, and federal laws that apply to businesses in Brisbane, Queensland, Australia. Emiscape also has the right to change terms and conditions at anytime within reason. Please inquire via ‘hello@emiscape.art’ if you require more information.

Commissions

Note: Emily Ann Wells is referred to as 'Emiscape' in the terms and conditions.

1. Large Designs: Large designs incur a $140 AUD fee for every 3cm over 60cm.

2. Pricing: Pricing is subject to change if the workload is different compared to what the client ordered. Clients will be informed in such scenarios.

3. Invoicing: Clients can receive a tax invoice once the design(s) has been issued.

4. Time Frame: Clients should receive an original definition version of the design(s) via email within 30 business days as Emiscape works chronologically through her workload. While Emiscape aims to complete projects within the specified time frame, changes in the time frame may occur due to a variety of factors. Clients will be informed if there are any changes in the given time frame.

5. Design Creation: Clients understand they are trusting Emiscape's creative vision when submitting an order and are granting Emiscape complete artistic liberty and autonomy when creating a design.

6. Rights Disclaimer: Purchasing a design(s) does not grant ownership nor rights. Emiscape remains the sole owner of the design(s). Purchasing a design(s) grants a licence to the client so that they may use the design(s) for non-commercial purposes. The licence may not be shared, meaning the client cannot grant the licence's abilities to another person.

7. Commercial Purposes: Client’s seeking a design(s) for commercial purposes must first reach out via the inquire page to gain Emiscape’s consent. Additional terms and conditions will apply if Emiscape agrees to take on the work, unless the work falls under one of the following exempt use cases:

  • A design(s) for a book cover.

  • A design(s) for an album cover.

  • A design(s) for the cover of a tabletop game.

  • A design(s) for the cover of a video game.

  • A design(s) for illustrative purposes that will appear a reasonably limited amount of times internally within a creative medium (e.g. a book, game, film, or similar creative medium). Emiscape will discuss and determine if the workload falls under this exempt use case with the client prior to the workload being taken on.

  • A design(s) for a business logo.

If the work doesn’t fall under an exempt use case, the following additional terms and conditions will apply:

  • 9% of the gross revenue is to be paid to Emiscape as royalties per quarter for any goods and services using Emiscape’s work. Royalties are to be paid within 14-days of a quarter ending. While 9% serves as the default percentage amount in most cases, Emiscape will discuss and determine the final percentage amount with the client prior to the workload being taken on.

  • All use cases featuring Emiscape’s work must first be explicitly approved by Emiscape. Approval remains valid for 1 year and will expire unless re-approved. Clients seeking to renew approval for an additional year must reach out via ‘hello@emiscape.art’ with an email that has the subject line as ‘Commercial Design Approval Request’, while the body of the email must detail what goods or services they’d like renewed approval for. Clients must reach out prior to the anniversary of the design being provided to them. Otherwise, approval will be considered to be expired.

  • If approval were to expire, or if Emiscape were to not renew approval for any reason, no goods and services using Emiscape’s work may be advertised, produced, or sold.

All other terms and conditions will remain applicable, but the following sentence in ‘Clause 6: Rights Disclaimer’ will be changed from ‘Purchasing a design(s) grants a licence to the client so that they may use the design(s) for non-commercial purposes.’ to ‘Purchasing a design(s) grants a licence to the client so that they may use the design(s) for approved commercial purposes.’.

8. Conflict: Clients are prohibited from getting the design(s) reproduced in any format that directly conflicts with Emiscape's own goods and services (e.g. a tattoo or a print) that have previously been or are currently being offered without first gaining Emiscape’s consent. Tattoos and prints are always prohibited formats.

9. Publishing: Clients are the only individuals permitted to publish the design(s) (e.g. a post about the design(s) on social media) besides Emiscape. Clients must only use unedited material of the original design(s) and provide credit to 'Emiscape' in an obvious fashion. Clients must also tag and mention Emiscape's account on the platform they wish to publish the design(s) on. This is applicable to both the design itself and the goods and services featuring the design.

10. Reproducers: Reproducers (e.g. a printer who prints designs on a shirt) are forbidden from publishing their work featuring the design(s) and associating with Emiscape's work. Clients are encouraged to inform their reproducer of this beforehand to prevent complications.

11. Improper Use: Clients are forbidden from using the design(s) in cases that would harm ‘Emiscape’ as a person and/or business in any aspect.

12. Due Diligence: Clients have read the FAQ page to understand Emiscape’s standings on certain topics.

13. Refunds: Due to the nature of commissioned art, no refunds will be issued in any scenario. Please only submit your order once you've considered the risks associated with commissioning art.

14. Exceptions: Exceptions to any of the terms and conditions listed may be issued at Emiscape's discretion.

15. Legal: Emiscape’s policies and procedures reflects all obligations required by local, state, and federal laws that apply to businesses in Brisbane, Queensland, Australia. Emiscape also has the right to change terms and conditions at anytime within reason. Please inquire via ‘hello@emiscape.art’ if you require more information.