The Laws of the Land.

Commissions

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

1 - Large Designs: Large designs incur a $90.00 AUD fee for every 3cm over 51cm measured diagonally.

2 - Pricing: Pricing is subject to change if Emiscape deems the workload to be different compared to what clients 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 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: Submitting an order does not grant ownership nor rights to the design(s). Emiscape remains the sole owner of the design(s). Submitting an order grants a license to the client so that they may use the design(s) for non-commercial purposes. The license may not be shared, meaning the client cannot grant the license's abilities to another entity. Clients that violate the terms and conditions may have their license revoked at Emiscape's discretion.

7 - Commercial Purposes: Client’s seeking a design(s) for commercial purposes must first reach out via the inquire page on ‘emiscape.art’ to gain Emiscape’s approval for that commercial purpose. Additional provisions 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).
A design(s) for a business logo.

If the work doesn’t fall under an exempt use case, the following additional provisions 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. Clients must reach out via ‘hello@emiscape.art’ with an email that has the subject line as ‘Commercial Design Royalties Lodgement - Order “X”’, where ‘X’ is the client’s order number. The email is to be accompanied with a detailed statement of sales and a bank transaction receipt as proof of payment.
Approval for commercial designs 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 Re-approval Request - Order “X”’, where ‘X’ is the client’s order number. 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 provisions will remain applicable, but the following sentence in ‘6. Rights Disclaimer’ will be changed from ‘Submitting an order grants a license to the client so that they may use the design(s) for non-commercial purposes.’ to ‘Submitting an order grants a license 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 medium, especially ones that directly conflicts with Emiscape's own goods and services that have previously been or are currently being offered without first gaining Emiscape’s consent.

9 - Publishing and Releasing: Clients must abide by the following provisions if they were to publish or release material featuring the design(s):

Clients are the only individuals permitted to publish or release material featuring the design(s) besides Emiscape.
Clients must only publish or release material featuring the design(s) as originally provided by Emiscape.
Clients must provide credit to Emiscape in an obvious fashion by featuring Emiscape’s signature on the material that is to be published or released. If another party’s branding is involved, Emiscape’s branding must be comparable to that of the principal brand involved. The statement ‘Design(s) created and licensed by Emiscape.’ must also be detailed in the description or contents of the material that is to be published or released, both physically and digitally. If material is to be published and released on social media, clients must tag Emiscape’s account on that platform.

All detailed provisions in ‘9. Publishing and Releasing’ apply to both the design(s) itself and the goods and services featuring the design(s).

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. What constitutes as improper use is held at Emiscape’s discretion.

12 - Due Diligence: Clients have read the FAQ page on ‘emiscape.art’ 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. Clients are encouraged to only submit orders once they've considered the risks associated with commissioning art.

14 - Exceptions: Exceptions to any of the listed provisions may be issued at Emiscape's discretion.

15 - Legal: These terms and conditions are governed by the laws of Queensland, Commonwealth of Australia. If the work was performed in another jurisdiction, the laws of that jurisdiction will apply to the extent required by law instead.

All disputes will be resolved exclusively through fair and binding arbitration administered by an arbitration organization selected by Emiscape. Clients waive the right to participate in any class action, representative proceeding, or trial by jury.

If the jurisdiction the work was performed in does not allow arbitration, or waivers of class actions, representative proceedings, or jury trials, those parts in these terms and conditions will not apply in that jurisdiction. However, all other provisions in these terms and conditions will still apply.

Confirmation: I have read and agree to the terms and conditions. I confirm that all information I have provided is true and accurate to the best of my knowledge. I understand that I may be held liable if I knowingly violate the terms and conditions, or provide false or misleading information.

Tattoos

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

1 - Age: Clients must be at least 18 years of age to get a tattoo.

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

3 - Large Tattoos: Large tattoos incur a $190.00 AUD fee for every 3cm over 21cm measured diagonally.

4 - Customs tattoos: Custom tattoos incur a $90.00 AUD fee per tier and for every 3cm over 21cm measured diagonally.

5 - Pricing: Pricing is subject to change if Emiscape deems the workload to be different compared to what clients booked. Clients will be informed in such scenarios.

6 - Invoicing: A tax invoice can be provided after the first session has concluded.

7 - Finished Tattoos: 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.

8 - 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.

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

10 - 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.

11 - 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.

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

13 - Rights Disclaimer: Submitting a booking does not grant ownership nor rights to the design(s). Emiscape remains the sole owner of the design(s). Submitting a booking grants a license to the client so that they may use the design(s) for non-commercial purposes. The license may not be shared, meaning the client cannot grant the license's abilities to another entity. Clients that violate the terms and conditions may have their license revoked at Emiscape's discretion.

14 - Publishing and Releasing: Clients must abide by the following provisions if they were to publish or release material featuring the design(s):

Clients are the only individuals permitted to publish or release material featuring the design(s) besides Emiscape.
Clients must only publish or release material featuring the design(s) as originally provided by Emiscape.
Clients must provide credit to Emiscape in an obvious fashion by detailing the statement ‘Design(s) created and licensed by Emiscape.’ in the description or contents of the material that is to be published or released, both physically and digitally. If material is to be published and released on social media, clients must tag Emiscape’s account on that platform.

15 - 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 on ‘emiscape.art’ at least 7 days before the session. Clients otherwise will have their session cancelled.

16 - Late Arrivals: Clients must provide notice if they are more than 15 minutes late or they will incur a $90.00 AUD fee. Clients that are more than 30 minutes late with no notice will be considered a no-show and have their session cancelled. 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 $90.00 AUD fee by going up a session tier. Notice can be provided via ‘hello@emiscape.art’.

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

18 - Rescheduling (Clients): Clients may reschedule one time provided notice is given at least 7 days before the session. Emiscape will discuss options for a new session with the client over email. Notice can be provided via the inquire page on ‘emiscape.art’.

19 - Cancellations: Clients may cancel their booking provided notice is given at least 7 days before the session. Notice can be provided via the inquire page on ‘emiscape.art’.

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

21 - Refunds: Due to the nature of bookings, tattoos and art, no refunds will be issued in any scenario. Clients are encouraged to only submit bookings once they've considered the risks associated with booking in for a tattoo.

22 - Exceptions: Exceptions to any of the listed provisions may be issued at Emiscape's discretion.

23 - Legal: These terms and conditions are governed by the laws of Queensland, Commonwealth of Australia. If the work was performed in another jurisdiction, the laws of that jurisdiction will apply to the extent required by law instead.