These Terms of Service apply to all bookings and agreements for live portrait services provided by The Drawing Bird, a sole proprietorship based in the Netherlands.
By confirming a booking, the client agrees to these terms.
1. Booking & Payment
A booking is confirmed once a 50% deposit has been received. Until the deposit is paid, the date remains available to others. The deposit is refundable if cancellation occurs at least 14 days before the event date (see Section 2). The remaining 50% is due within 14 days after the event, once all agreed deliverables have been completed.
2. Cancellation & Rescheduling
If the booking is cancelled by the client more than 14 days before the event, deposit is refundable. If it is cancelled 14 days or fewer before the event, the deposit is not refunded. If the booking is rescheduled by the client, the deposit may be transferred once to a new date, subject to availability. Additional rescheduling requests may require a new deposit.
If the artist is unable to attend due to illness, emergency, or force majeure:
The client may choose between a full refund of payments made, or
Assistance in finding a suitable replacement artist (subject to availability).
Liability is limited to the amount paid under the agreement.
Force Majeure
In cases of circumstances beyond reasonable control (including but not limited to extreme weather, government restrictions, or unforeseen emergencies), both parties will work in good faith to reschedule. If rescheduling is not possible, payments made (excluding work already completed) will be refunded.
3. Scope of Service
Hand-drawn portraits are made with archival materials on A5 white paper. They're made in a simple, realistic style as seen with examples on my website. Custom sizes, paper types, framing, digitisation, guest books, or alternative delivery methods can be arranged in advance for an additional fee. Envelopes are included for guests to safely transport their portraits unless otherwise agreed.
By default, guests sit for their portrait. If needed or requested by the client beforehand, portraits may be completed from a reference photo taken at the event. Portraits are created live; variation is natural and part of the artistic process.
Minimum booking time is 1.5 hours. For events exceeding 3 hours, short breaks may be taken. The artist typically completes approximately 5–8 portraits per hour. This may vary depending on complexity, group size, lighting, and event conditions. There is no guarantee that every guest will receive a portrait during the event.
4. Guest Numbers & Overtime
Bookings are made based on the agreed number of guests (for example, 25–30 guests). Each individual counts once, even if included in a group portrait. If more guests request portraits than originally agreed, the client may choose to stop at the agreed maximum number, or continue at €20 per additional person (added to final invoice).
Portraits are typically completed on a first-come, first-served basis. A sign-up list may be used to prevent waiting in line. If the client has priority preferences, the artist will make reasonable efforts but cannot guarantee order. If the agreed number of portraits cannot be completed during the event, they will be finished in the studio from photo reference at no additional cost (provided they were included in the agreed total). Additional studio portraits beyond the agreed number will be quoted separately.
5. Event Conditions & Setup
Travel is included within 30 km of Alkmaar. Beyond that distance, €0,35/km travel costs will be added. International travel may incur additional transport and accommodation costs, agreed in advance.
The artist prefers an area with seating, a small table, and some lighting. The artist will bring additional lighting if necessary.
6. Intellectual Property & Image Use
The artist retains copyright to all portraits created. The client may reproduce and share the portraits for personal, non-commercial use.
Commercial reproduction or sale is not permitted without written permission. The artist may photograph portraits for use on website and social media unless the client explicitly requests otherwise in writing.
Photographs of guests will not be used for promotional purposes without their consent, in accordance with GDPR regulations.
7. Liability
The artist is not responsible for damage to portraits once handed to guests. If a guest damages a finished portrait, the artist is not obligated to recreate it. If materials are damaged by guests, liability will be handled in accordance with Dutch law and limited to reasonable direct damages. The artist’s total liability under any agreement is limited to the total amount paid for the service.
8. Duration of Attendance
The artist will remain present for the agreed duration or until the agreed number of portraits is completed, whichever requires more time within reasonable limits. If the event schedule is delayed, the artist will make reasonable efforts to accommodate but is not obligated to extend beyond practical limits without agreement.
9. Governing Law
All agreements are governed by Dutch law. Disputes shall be submitted to the competent court in Noord-Holland.
