Or are you saying the base price remains the same if I opt out, but I would get a $3 discount if I opt in?
I would find scenario #2 a more suitable option. Meaning I'd happily pay the standard price in exchange for opting out, but people who choose to opt in receive a small discount in exchange for their willingness to be used as marketing collateral.
Explicitly charging people to opt out just leaves a bad taste in mouth. And it just makes me thing you are going to nickel and dime me every chance you get.
To be honest, if all the standard painting prices were increased by $3 to roll in the opt out cost, I probably wouldn't care. It's the explicit charging for opting out that rubs me the wrong way and I don't think I've ever encountered it before on any other online transaction I've completed.