Terms of Commission

Template notice (remove before launch). This scaffold is not legal advice. The binding terms of any commission will live in a signed agreement prepared with counsel. Have these finalized for your jurisdiction, especially the clauses on consent, likeness rights, ownership, licensed technology, and limitation of liability.

1. Nature of the commission

An Encore commission is a bespoke service to create an interactive legacy portrait. It is a commemorative work and is not represented as the actual person. Specific scope, deliverables, and timeline are defined in your signed commission agreement.

2. Eligibility & consent

You confirm you have the authority — as family or estate — to commission a portrait of the subject and to provide the materials supplied. [[ Detail required representations regarding consent and standing. ]]

3. Materials & rights you grant

You grant Encore the limited license needed to use your supplied materials solely to create and steward your portrait. You retain ownership of your materials. [[ Specify license scope and duration. ]]

4. Ownership of the portrait

Upon final payment, the delivered portrait is owned by [[ the family / estate as specified ]], subject to any underlying licensed technology terms. [[ Clarify what transfers vs. what is licensed. ]]

5. Licensed technology

The portrait is created using third-party licensed technology. Continued operation may depend on that technology and on stewardship. [[ Summarize dependencies and the role of the stewardship program. ]]

6. Fees & payment

Commission fees, deposits, and the stewardship retainer are set out in your agreement. [[ Specify schedule, deposit, refunds, and cancellation terms. ]]

7. Confidentiality

Both parties keep the commission confidential. Encore will not publish or identify a commission without your explicit written consent.

8. Stewardship & longevity

Permanence depends on ongoing stewardship. [[ Describe what stewardship covers, what happens if it lapses, and any longevity assurances or limits. ]]

9. Warranties & limitation of liability

[[ Counsel to draft. Set realistic expectations: the portrait is a faithful interpretation of supplied materials and not a perfect or sentient reproduction. ]]

10. Governing law & disputes

[[ Specify governing law, venue, and dispute resolution. ]]

11. Contact

Questions about these terms: roy@encorecommissions.com.