Terms & Conditions
Terms & Conditions
By Commissioning an artwork you have agreed to the following terms and conditions:
Definitions
“LIFECASTING ARTIST” refers to: JAMIE McCARTNEY as sole proprietor of McCartney Arts Ltd including the trading name Brighton Body Casting. The agreement also includes his assistants and co-workers as appropriate.
(a) “mould”, describes a negative 3-dimentional image of the model’s body made by placing in contact with the model’s body, a material that hardens to match the form.
(b) “cast” describes plaster, cement or similar material that has been placed, while fluid, into a mould and allowed to harden to form a copy. For these purposes it may also refer to a copy of the original cast created in bronze, carved marble or other material.
(c) “lifecasting” is the process of making a mould using the model as a form, and producing a cast from that mould.
“Client” refers to: The person(s) commissioning the artwork(s).
“Model” refers to: The person(s) whose body parts are used as the positive form to create the mould.
“Work” refers to: The agreed, commissioned artwork and the effort required for its pursuit.
Quotes & Prices
Pricing on our websites, social media and elsewhere are guides only. A quote will be provided on request.
Quotes are valid for 30 days, based on the information provided. Deviation from or additions to the quoted work, including significant alterations to the cast, outside of our normal attention to detail, may result in a price change.
Prices are ex-vat. UK sales will incur vat at 20%. Items created outside the UK or for export are exempt.
When the work requires outside contractors, such as a bronze foundry, our quotes are understood to be estimates, which may change after the work has commenced due to extended duration of the work, changes to the original concept, changes in materials costs or other circumstances beyond our control.
Contract
CLIENT agrees that the job sheet created at the appointment and/or the associated invoice(s) constitute our contractual arrangement, subject to the terms stated on this page.
CLIENT agrees that the artwork specified in the above-mentioned documents are the distillation of ideas from our email, phone, message and in-person conversations that together describe the desired outcome. Those documents will represent the entire understanding between the Artist and the CLIENT and supersedes all other agreements and representations with respect to these matters made either orally or in writing.
(a) A non-refundable deposit shall be paid, on acceptance of the estimated costs or quote, in order to secure the booking. For appointments at our UK studio the date of the booking may be changed, with 48 hours notice, for a maximum of six months.
(b) An upfront payment (minimum is the balance of 50%) to be paid at the appointment prior to the commencement of any work.
(c) The final payment to be paid within one month of the artwork’s completion and prior to it being shipped or collected.
(d) When the mould is to be taken from you outside of our UK studio, a deposit of 50% is required upon booking, to cover our costs, with the remaining 50% due on completion. If we have already booked our travel then changes to the appointment date are possible only within our pre-booked travel dates.
(e) LIFECASTING ARTIST may offer more or fewer payment instalments, suitable to the scale of the work.
The artwork remains the property of the LIFECASTING ARTIST until completion and the final instalment of the payment schedule has been made and funds cleared.
NB All monies paid are non-refundable. The total amount agreed for the job will be owed as soon as the work commences. Cancellation of the work in progress will result in a forfeit of monies paid and the balance will remain owing. This remaining debt may however be waived or negotiated at LIFECASTING ARTIST’s discretion, dependent on the percentage of the work completed.
Agreement
CLIENT agrees to the following as conditions:
I understand that my cooperation is needed if adjustments are deemed to be necessary to fulfil the brief as realistically as possible.
I understand LIFECASTING ARTIST will do all he can to produce the best possible result but that the finished artwork is based on the lifecast mould produced from the model’s body, thus their cooperation is essential. A mould can only be as good as the pose they hold. LIFECASTING ARTIST may decide a mould is not fit for casting from and will offer to make a second mould as a matter of course. If this is deemed not possible, for any reason, by either party, or the second mould is also deemed inadequate then the work will cease. In this case a fee to cover our costs, equal to 1/3 of the listed price (in fibreglass resin) will be due. Waiving or reducing this fee will be down to LIFECASTING ARTIST’s discretion. Returning to be cast another day may be one such case.
I grant LIFECASTING ARTIST the absolute right and permission to take photographs of moulds, casts and the finished artwork to be used in the public domain. This permission includes, without limitation or permission, for LIFECASTING ARTIST to:
(a) Use, publish, make, reuse, re-publish, or remake photographs of the artwork without limitation.
(b) To allow their use in film or television productions that may be filmed at the studio.
(c) Copyright and retain all relevant rights to any works created as described in any or all of (a) and (b).
I understand that LIFECASTING ARTIST will retain all moulds, studies, drawings, templates, casts etc associated with the production of the artwork and will retain copyright of such items and the finished artwork. LIFECASTING ARTIST maintains the unalienable moral right to be identified as the creator of the artwork in accordance with UK Copyright Designs and Patents Act 1988 on all occasions when the artwork or any photographic or other permitted reproduction is exhibited, published or issued to the public.
I agree that LIFECASTING ARTIST may also take photographs of me, to be used as reference materials to complete the work, before, during or after the moulding session. These images will not be used in any public domain if you expressly withdraw permission. You may request to approve any images prior to publication.
I agree that LIFECASTING ARTIST may make copies of the work or parts thereof for display and promotional purposes only. Selling or distributing such copies to the public is forbidden without my expressed permission.
I understand that the process of producing a cast is a manual operation, and that individual casts may vary and have some imperfections. I agree that the presence of minor flaws does not constitute grounds for rejection of a casting.
I understand that the process of producing a unique artwork is neither an exact science nor a production line process. The artwork produced may vary from my original conception either for practical or artistic reasons as determined by LIFECASTING ARTIST. I acknowledge that I have come to him for his artistic excellence and although he will endeavour to produce as good an artwork as he can, as close to my vision as he can, it may not be exactly as I imagined or initially requested. I acknowledge he is the ultimate arbiter of the aesthetics and practicalities of the work. His judgment supersedes any and all other influences in the commissioning process. Variance from my vision does not constitute grounds for rejection of a casting.
LIFECASTING ARTIST will keep me informed of the progress of the work and discuss with me any significant changes. He will always work with me to resolve any concerns I have and I understand that good communication (by both parties) is key to obtaining the best possible outcome.
We would recommend personal collection of your finished artwork. Where possible we may offer to deliver the work or meet you somewhere with it if we can. This is courtesy based on our random proximity but we will try if we are coming nearby. We can organise couriers, drivers or shipping at your cost as an alternative if you are unable to return to collect.
Work must be collected within one month of completion unless otherwise agreed. Storage may be charged equal to 1% of the value of the work per week after this time.
Timescales for completing/delivering an artwork vary widely dependent on the complexity of the work, how busy the studio is, our exhibition schedule, outside contractors, availability of materials, delivery companies etc. Therefore we do not promise to meet any completion date. We will endeavour to meet any realistic deadline you propose but cannot guarantee this will be possible.
Process, Health and Safety (If MODEL is the CLIENT)
I understand that the process of making moulds involves covering part(s) of my body with the materials required to make the mould.
I understand that the application of the mould materials and release agents will require physical contact by LIFECASTING ARTIST and/or his assistant(s) with areas of my body which may include intimate parts.
I understand that making the mould may cause some minimal discomfort, irritation or other sensations during the moulding process, during the removal of the mould, or subsequent to removal. LIFECASTING ARTIST expects that this discomfort may include, without limitation:
(a) pulling of hair during mould removal. LIFECASTING ARTIST will give reasonable care and attention to this consideration.
(b) irritation or allergy due to mould materials or agents which aid mould removal.
(c) possible feelings of confinement or claustrophobia depending on the body parts to be cast. I understand that in order to enable removal of the mould(s) and to minimise pulling hair, a mould release agent may be applied to the body parts to be cast and the adjoining areas. I also understand that not all mould material or release agents will necessarily be removed from my body when the mould is removed. I may have to shower or clean up afterwards.
(d) I understand that posing in one position for a prolonged period may become uncomfortable and/or put me at the rare risk for fainting. I represent that I am fit enough to endure the moulding process and in good health. I have no breathing or medical problems that would contribute to dizziness, vertigo or light-headedness. I do not suffer from any allergies to nitrile gloves, plaster, plaster bandage, dental alginate, petroleum jelly, Nivea, baby oil or to any other or alternative moulding or casting materials or release agents etc that I have agreed to the use of.
Release of Liability
I release and discharge LIFECASTING ARTIST, his heirs, executors, assigns and any designee (including any agency, client, broadcaster, periodical, art dealer or gallery or other distributor of media of any kind) from any and all claims and demands arising out of or in connection with the use of photographs, of the artwork, including but not limited to any claims for defamation or invasion of privacy.
Governing Law
All agreements entered into, copyrights and disputes are subject to the laws of the country of residence of the LIFECASTING ARTIST. Namely the United Kingdom of Great Britain and Ireland.
Pre-Appointment Advice
For the optimal result please read carefully:
Preparation
Please consider in advance what pose you may wish to strike for the casting. Practicing in a mirror can be a great way to get used to holding the pose you like. However we may require you to alter this pose for practical purposes.
Body hair can be tricky to cast comfortably. For this reason trimming beforehand may be your preference. If you are particularly hairy please discuss with us what extra preparation may be advisable.
Long head hair can be cast but will need to be covered or slicked down. Beards and moustaches also but please trim and tidy as short and neatly as you can.
Please inform us of any recent tattoos, piercings, body modifications, surgery or injuries.
On the day
The moulding process involves wet materials that may adhere to clothing and footwear. For this reason, depending on what body area you are having moulded, you may need to be partly or fully undressed. Where possible we will cover any parts of your body you would prefer to keep private!
You may bring with you one other person into the moulding room. If you wish to bring anybody else to your appointment please ask in advance.
All persons attending the appointment are advised to dress appropriately for a workshop. We are not liable for any damage to your clothing and personal items.
Wear loose fitting clothing without elastic on all body areas to be cast. If your breasts or bottom are included please do not wear underwear on the way over. These items tend to leave marks in the skin, which can appear in the cast.
What to bring
The studio is heated but a robe may be handy in case there is any hanging around, but isn’t a requirement.
Be advised the studio floor is cold! Flip-flops or shoes you don’t care about are handy if you are averse to bare feet. Your street shoes would almost certainly be ruined by moulding materials dripping on them.
A change of clothes if you are doing anything fancy after (see notes above)
Hair bands, hairpins, a bandana or Alice band etc to tie even short hair out of the way.
Jewellery may be worn and be included in the cast but delicate pieces are not advisable. We are not liable for their loss or damage.
Any clothes you wish to be included in the cast. Bear in mind they will likely be destroyed in the process.
Health and Safety
The process of making our moulds involves applying to the body the materials required, requiring physical contact by the artist and/or his assistants, which may include intimate parts as necessary.
The moulding materials are alginate and plaster bandage. We also use a release agent (usually Nivea crème) and a kohl eye-liner for making marks on you. Alginate is a food-grade product derived from seaweed and is the material dentists use inside the mouth. Allergy is extremely rare but has been anecdotally reported in a dental patient with a seafood allergy. Plaster bandage has traditionally been used to set broken bones. Again allergy is extremely rare. We have never observed an allergic reaction to either.
The process may cause some minimal discomfort during and after the moulding process, such as pulling of hair during mould removal (we will take great care to minimise this) and possible feelings of confinement or claustrophobia.
The average time take a torso mould, for instance, is 25-30 minutes. Posing in one position for a prolonged period may become uncomfortable and could in rare circumstances put you at risk of fainting. Although this is extremely uncommon, we are trained to observe you throughout and assist immediately if necessary. To minimise your risk we advise:
Please make us aware of any medical problems that would contribute to dizziness, vertigo or light-headedness or prevent you from posing for the necessary time, with the additional weight of materials (up to 10kg).
If you suffer any allergies or have reacted in the past to nitrile gloves, plaster, plaster bandage, dental alginate, petroleum jelly, Nivea crème etc then also please let us know.
Infection Protocols
This is a close contact activity, which prevents social distancing. For your safety and the safety of our staff we require you to observe our safety protocols. Please let us know: