Service AgreementÂ
Service Agreement for Gyotaku Fish Printing Services
Provided by Catch and Canvas LLC
Agreement Overview:
This Service Agreement ("Agreement") is made and entered into between Catch and Canvas LLC, hereinafter referred to as "Service Provider," and the undersigned client, hereinafter referred to as "Client." By signing below, the Client agrees to the terms and conditions outlined herein.
1. Eligibility and Requirements for Fish Printing:
1.1. Legal Compliance: The fish provided by the Client must adhere to all applicable legal requirements concerning size, season, and harvest regulations.
1.2. Freshness Standards: The fish must be fresh, ideally dispatched via Ike Jime (Brain Spike), bled, and properly stored on ice to maintain quality for printing.
1.3. Private Property Access:
(a) If the printing service is to be conducted at a private residence or marina, written approval from the property owner must be provided prior to the service.
(b) Any associated access fees or charges shall be borne by the Client.
2. Service Rejection and Cancellation Policy:
2.1. Non-Compliant Fish: The Service Provider reserves the right to reject any fish that does not meet the eligibility and freshness criteria outlined in Section 1.
2.2. Failure to Follow Requirements: If the Service Provider rejects a fish due to non-compliance, a $75 fee will be charged to the Client for failure to adhere to the service requirements.
2.3. Cancellation by Service Provider: The Service Provider reserves the right to cancel the service at any time before arriving at the agreed location. In the event of such cancellation, the Service Provider will offer alternative arrangements.
3. Fish Cleaning and Risk of Consumption:
3.1. Complementary Cleaning: Captain Ross will clean the fish at no additional charge to the Client.
3.2. Risk of Consumption:
(a) The Service Provider assumes no responsibility for any associated risk of consumption once the fish has been cleaned.
(b) The Service Provider reserves the right to refuse cleaning services if the fish is presented in a condition deemed unsafe for human consumption.
(c) The Service Provider is not liable for the condition of the fish after it has been handed back to the Client.
4. Gyotaku Printing and Ownership:
4.1. No Obligation to Purchase: The Client is under no obligation to purchase the initial prints.
4.2. Service Provider's Rights to Prints: If the Client rejects all initial prints, the Service Provider reserves the right to retain these prints for practice, resale, or incorporation into other digital or physical art pieces for display or resale.
4.3. Finalized Prints: Once a print has been finalized and agreed upon for purchase, the Service Provider will endeavor to complete the print promptly, subject to demand and artist's availability.
4.4. All Sales Final: All sales are final once the Client agrees to purchase the finalized print.
5. Collection and Shipping:
5.1. Collection Location: Completed prints may be collected from an agreed location in NW Cape Coral.
5.2. Shipping: Shipping options are available at the Client's expense.
6. Framing Options:
6.1. Standard Framing: Framing options are available, but may cause significant delays in final delivery.
6.2. Custom Wood-Burned Frames: Custom wood-burned frames, hand-made to the print's specifications, may cause further delays in delivering the finished product.
7. Limitation of Liability:
Catch and Canvas LLC shall not be liable for any indirect, incidental, or consequential damages arising from or related to this Agreement.
8. Indemnification:
The Client agrees to indemnify and hold harmless Catch and Canvas LLC, its employees, and representatives from any claims arising out of this service, including but not limited to property damage, personal injury, or regulatory violations.
9. Force Majeure:
Neither party shall be liable for delays or inability to perform due to events beyond their control, including natural disasters, governmental actions, or other unforeseen circumstances.
10. Governing Law and Jurisdiction:
This Agreement shall be governed by and construed under the laws of the State of Florida. Any disputes arising out of or related to this Agreement shall be resolved in a court of competent jurisdiction in Cape Coral, Florida.