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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Business Law
Satisfied Customers: 19471
Experience:  B.A.; M.B.A.; J.D.
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I contracted a pro fx artist to make me a core fore making

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I contracted a pro fx artist to make me a core fore making silicone masks,sculpt a mask and make a mold of it for a silicone mask company I'm starting out. Silicone masks if you are not aware move with your face and show expresion with your face while you talk and look like 7 hour make up jobs. I paid $10,000 and received something that I would be embarssed to send anyone. I don't know as a pro how he could do that. He insist he delivered the product as per the contract he wrote up referring to this as a prototype . The mask is so big it doesn't touch your face while wearing it. Which in turn does not reflect any expression . So basically he made me a $ 10,000 Halloween mask u can by in the store. The medium he used was silicone but he used the wrong methods I learned after speaking with other artists. I was also informed he overcharged me on top of delivering something I couldn't give away. Sorry for the long story but its difficult to explain . Is this useless mask and molds he sent me for 10grand considered by law a prototype . Definition of prototype :a first or preliminary model of something especially a machine,"from which other forms are developed or copied". Which I dont want this developed or copied its trash.Thank you for the answer.
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I contracted a pro fx artist to make me a core fore making silicone masks,sculpt a mask and make a mold of it for a silicone mask company I'm starting out. Silicone masks if you are not aware move with your face and show expresion with your face while you talk and look like 7 hour make up jobs. I paid $10,000 and received something that I would be embarssed to send anyone. I don't know as a pro how he could do that. He insist he delivered the product as per the contract he wrote up referring to this as a prototype . The mask is so big it doesn't touch your face while wearing it. Which in turn does not reflect any expression . So basically he made me a $ 10,000 Halloween mask u can by in the store. The medium he used was silicone but he used the wrong methods I learned after speaking with other artists. I was also informed he overcharged me on top of delivering something I couldn't give away. Sorry for the long story but its difficult to explain . Is this useless mask and molds he sent me for 10grand considered by law a prototype . Definition of prototype :a first or preliminary model of something especially a machine,"from which other forms are developed or copied". Which I dont want this developed or copied its trash.Thank you for the answer.


Response: Whether or not it is a prototype is irrelevant if the product did not conform to the terms of your contract. Being a prototype does not mean that the product cannot conform to the terms of your contract. If the prototype was poorly designed as appears to be the case here and that means that the real thing that would be made out of the prototype would come out wrong. The "artist" breached your contract and hiding behind the reason that what he made is a prototype is immaterial and would not do him any good. You should sue him for breach of contract and for return of the $10,000.00 that you paid for poorly designed product. Nevertheless and for the record, what you described here is indeed a prototype.

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