Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your use of the website located at jmwfineart.com (the “Site”) and the products and services offered by JMW Fine Art, the studio of Jennifer Whitehead (“JMW Fine Art,” “we,” “us,” or “our”). By accessing the Site, creating an account, placing an order, or booking a class, you agree to be bound by these Terms. If you do not agree, please do not use the Site.

2. About JMW Fine Art

JMW Fine Art is an independent fine-art studio based in Maryland, United States, offering original oil paintings, limited prints, commissioned work, and art classes and workshops.

3. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to place an order or enter into a commission agreement. Minors may use the Site only under the supervision of a parent or guardian who accepts these Terms on the minor’s behalf.

4. Accounts

If you create an account, you are responsible for maintaining the confidentiality of your sign-in credentials and for all activity that occurs under your account. Please notify us promptly if you believe your account has been compromised. We may suspend or terminate accounts that violate these Terms.

5. Intellectual Property

All artwork, images, descriptions, blog content, photographs, and other material on the Site are the copyrighted property of Jennifer Whitehead / JMW Fine Art and are protected by U.S. and international copyright law. All rights are reserved.

Purchase of an original painting or print transfers ownership of the physical object only. It does not transfer copyright or reproduction rights. Without prior written permission from the artist, you may not:

• Reproduce, copy, or create derivative works from any artwork or image on the Site
• Use any artwork or image for commercial purposes, resale, or merchandise
• Use any artwork, image, or text on the Site to train machine-learning or generative-AI models
• Remove, obscure, or alter any copyright notices or watermarks

You may share images of purchased work on personal social media with appropriate credit to the artist.

6. Orders, Pricing, and Availability

All prices are listed in U.S. dollars and are subject to change without notice. Original paintings are one-of-a-kind; availability is not guaranteed until checkout is completed, and on rare occasions a painting may sell to another buyer while items sit in a cart. We reserve the right to refuse, cancel, or limit any order, including orders that appear fraudulent or that contain pricing or description errors. If we cancel an order you have paid for, we will issue a full refund.

7. Payments

Payments are processed by Stripe. By submitting payment information, you agree to Stripe’s terms. We do not store full payment-card numbers on our servers. You are responsible for any taxes, duties, or fees imposed by your jurisdiction.

8. Shipping and Delivery

Shipping timeframes are estimates, not guarantees. Original paintings are typically prepared and shipped within two weeks of purchase; prints may ship within the timeframe listed on the product page. Title and risk of loss pass to you upon delivery to the carrier. For international orders, you are the importer of record and are responsible for any customs duties, taxes, or import fees.

9. Returns and Damage

Because each original painting is a unique, hand-made work, all sales of original paintings are final unless stated otherwise at the time of purchase. Prints may be returned in original condition within 14 days of delivery for a refund of the purchase price less shipping.

If your artwork arrives damaged, please contact us within 7 days of delivery with photos of the packaging and the damage so we can work with the carrier to resolve the claim.

10. Commissions

Commissioned work is subject to a separate written agreement covering scope, reference materials, timeline, revisions, deposit, and final payment. A non-refundable deposit is typically required to reserve a commission slot. Final payment is due before the finished painting ships. By submitting a commission inquiry, you grant JMW Fine Art a limited license to use any reference images you provide solely for the purpose of completing the commission.

11. Classes and Workshops

Class and workshop seats are limited and reserved on a first-come, first-served basis at the time payment is completed. Cancellation and refund policies for each class are stated on the class page. If a class is cancelled by JMW Fine Art, registered participants will receive a full refund. Participants are expected to behave respectfully toward the instructor and fellow students; we reserve the right to remove disruptive participants without refund.

12. User-Submitted Content

When you submit content to the Site — such as contact messages, commission references, or class notes — you represent that you have the right to share it, and you grant JMW Fine Art a non-exclusive, royalty-free license to use that content solely as needed to respond to your inquiry, fulfill your order or commission, or operate the Site.

13. Prohibited Conduct

You agree not to:

• Violate any applicable law or regulation
• Attempt to gain unauthorized access to the Site, accounts, or systems
• Interfere with, disrupt, or overload the Site or its infrastructure
• Scrape, harvest, or bulk-download images or content
• Use any automated tool to place orders, create accounts, or submit forms
• Impersonate any person or misrepresent your affiliation

14. Disclaimers

The Site and all products and services are provided “as is” and “as available” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. Colors shown on screen are approximate and may vary slightly from the physical artwork due to monitor calibration, lighting, and photography.

15. Limitation of Liability

To the fullest extent permitted by law, JMW Fine Art and its owner shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues, arising out of or related to your use of the Site or any product or service. Our total liability for any claim arising out of or relating to these Terms or the Site shall not exceed the amount you paid us in the twelve months preceding the claim.

16. Indemnification

You agree to indemnify and hold harmless JMW Fine Art and its owner from and against any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms or your misuse of the Site.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of Maryland, United States, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Site shall be resolved exclusively in the state or federal courts located in Maryland, and you consent to personal jurisdiction in those courts.

18. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the Effective Date above. Your continued use of the Site after changes take effect constitutes acceptance of the revised Terms.

19. Contact Us

Questions about these Terms can be sent through our contact page.