Deposits, contracts and consumer rights

Most pet portrait commissions go smoothly. When problems happen, they usually come from misunderstandings: about what was included, how long it would take, how many changes were allowed or what happens to a deposit. A simple written agreement, even a clear email, prevents most of these. This guide explains what to agree, and what Australian consumer law says if something goes wrong.

This guide is general information written in our own words. We don't recommend particular artists or businesses, and we never quote prices: they vary widely with the artist, medium and size, so ask for a written quote. It isn't legal advice.

Why put it in writing?

A written agreement records what you and the artist have agreed, so there's no confusion later. It doesn't need to be a formal legal contract. Many artists provide standard terms, an order form or an email setting out the details. Read them before paying, ask about anything unclear and keep a copy.

What to include

• Description of the work: medium, size, number of animals, composition and background.
• Price: the total, including or excluding framing, glass, postage and insurance.
• Deposit: amount, when it's due and whether it's refundable.
• Balance: when the rest is due, such as on approval of the finished work.
• Timeline: an expected start and completion date, or at least an estimate.
• Approval stages: whether you'll see a sketch or progress photos, and how many changes are included.
• Cancellation: what happens if you or the artist cancel at different stages.
• Delivery: how the work will be packed and delivered, and who bears the risk of damage in transit.
• Copyright and use: who owns copyright, and whether the artist may share images or sell prints. See our copyright guide.

Deposits

Many artists ask for a deposit before starting, to secure a place in their schedule and cover materials. Ask whether it's refundable, and in what circumstances. A common arrangement is that the deposit is non-refundable once work has begun, but terms vary. Never assume; ask.

Paying the balance

Many artists ask for the balance once you've approved a photo of the finished portrait and before delivery. Paying in stages, with approvals along the way, protects both sides. Be cautious of being asked to pay the full amount upfront to an artist you don't know, especially by bank transfer or gift card.

Your consumer rights

The ACCC explains that when you buy goods or services from an Australian business, consumer guarantees under the Australian Consumer Law apply automatically. For services, these include that they are:

• provided with acceptable care and skill;
• fit for any purpose you made known; and
• delivered within a reasonable time, if no end date was agreed.

Goods must be of acceptable quality and match their description. If a service or product fails to meet a guarantee, you may be entitled to a remedy, such as having the problem fixed, a refund or cancellation, depending on whether the problem is major or minor.

Taste versus quality

Consumer guarantees cover care, skill and quality, not personal taste. If the portrait is skilfully done and matches what was agreed, simply not liking it may not entitle you to a refund. That's why approving a sketch and progress stages, and choosing an artist whose style you love, matter so much.

Delays

Artists can be delayed by illness, demand or the time a medium takes. If no completion date was agreed, the ACCC says services should be supplied within a reasonable time. If you have a firm deadline, put it in writing at the start. If a commission is running late, contact the artist politely and ask for an updated timeline.

Damage in transit

Ask who is responsible if a portrait is damaged in the post, whether postage is insured and what the artist will do. Inspect parcels promptly, photograph any damage and contact the artist straight away.

Cancelling

If you need to cancel, check the agreement and contact the artist as soon as possible. Artists may keep a deposit or charge for work already done, depending on the terms. If the artist cancels, you'd generally expect a refund for work not completed; again, check the terms.

Buying from overseas

Australian consumer law protections may be harder to enforce against businesses based overseas. Consider shipping time, customs charges and currency conversion, and use payment methods that offer some protection.

Avoiding scams

Scamwatch warns about fake online sellers, including those who use stolen images. Check that the artist has a real history, contact details and a consistent online presence. Be cautious of deals that seem too good to be true and requests for unusual payment methods.

Resolving problems

Most disputes are best resolved by talking to the artist calmly and specifically. If that doesn't work, the ACCC suggests putting your complaint in writing. Your state or territory consumer protection agency can provide further help.

Keeping records

Keep copies of the quote, terms, invoices, receipts, emails and messages with the artist, plus any approved sketches or progress photos. Records help resolve questions about what was agreed and are useful if you need to make a complaint or an insurance claim.

Use the pet portrait planner

Our free pet portrait planner shows how each medium looks, how it's displayed and cared for, and what to expect about timing. It also gives a reference-photo checklist and a list of questions to ask any artist, adjusted for the size you want, the number of animals and whether it's a memorial portrait. It runs entirely in your browser, and nothing you choose is sent anywhere.

Where our information comes from

Factual statements in our guides are based on expert and official sources, including the Arts Law Centre of Australia, the Copyright Agency and the Australian Copyright Council for copyright; the Australian Institute for the Conservation of Cultural Material and the Canadian Conservation Institute for caring for artworks; the ACCC and Scamwatch for consumer rights and safe buying; and museum collections for art history. We link to each source at the end of the page and rewrite everything in our own words.

A good commission in one sentence

A good pet portrait commission starts with an artist whose work you love, good reference photos and clear written terms, and ends with a portrait framed and hung where it's protected from sun, heat and damp. Almost everything else in this guide supports those simple steps.

Questions to ask yourself first

Before contacting an artist, ask yourself: what style and medium do I love, where will the portrait hang, how big can it be, what's my deadline, and which photos best capture my pet? Having answers ready makes your enquiry clearer and helps the artist give an accurate quote.

Pet portraits through history

Animals have appeared in art for thousands of years, and portraits of particular, beloved animals have a long tradition. The National Gallery in London describes George Stubbs's Whistlejacket, a life-size portrait of a racehorse painted around 1762, as probably the most well-known portrait of a horse. Nineteenth-century painters made careers painting dogs and cats, and today's portrait artists continue that tradition in every medium.

Your rights when buying

The ACCC explains that consumer guarantees apply to goods and services bought from Australian businesses. Services must be provided with acceptable care and skill and within a reasonable time if no date was agreed, and goods must be of acceptable quality and match their description. Clear written terms with the artist are still your best protection.

Tell us what you think

We review our guides regularly against their sources. If you notice something out of date, have a question we haven't answered or spot an error, please let us know through our contact page. We read every message and correct mistakes promptly.

Key points

• Agree the description, price, deposit, timeline, changes, cancellation, delivery and copyright in writing.
• Ask whether deposits are refundable before paying.
• Consumer guarantees cover care, skill and timeliness, not personal taste.
• Use payment methods that offer protection and be wary of upfront full payment to unknown sellers.