Ownership of Artwork and/or Files
Artist retains the rights to the work and files unless otherwise specified in advance. The Client retains the rights to the character used as well as the right to use the work for non-commercial uses. The Client may not use the work in any way to make money. Client may, however, use the work for buttons, banners and icons. Client has right to produce three (3) prints of personal use. Client may also display the work in their online gallery or website. Credit to the Artist must be given where applicable. If this is for agreed commercial work, the Client may purchase the rights to the work, this must be agreed upon in advance of payment, or may be amended at a later time, but may incur an additional fee for the signing over of the rights. Even with commercial work, however, the artist retains the right to display the work in their personal gallery and/or portfolio.
Price and Payment Terms
Price will be agreed upon between Artist and Client in writing before Client is expected to send first payment. This payment will include the any tax and any expected merchant fees if applicable. Artist requires a non-refundable deposit of 50% of the total estimated cost of the commission before work will begin.
If preliminary sketches are requested to determine style compatibility, the Client is required to send a minimum of $5 down payment which can be deducted from the total gross payment.
Payment is accepted via PayPal. All payments must clear before work will begin.
Payment Plans and Final Payment Terms
Payment is accepted via PayPal. All payments must clear before work will continue. If Client requests a payment plan, Artist and Client may discuss the options that are available. If Client misses a payment in said plans, an additional fee of 5% of the payment will be applied to the following payment due. If two payments are missed Artist retains the right to cancel the commission and will retain the money paid as well as the rights to the work.
Final payment for the completed work is due within three (3) days of completion and must be made in order for Client to receive the full-sized, un-watermarked files.
If, for any reason a payment is returned by the Client’s financial institution, credit card, PayPal, etc… a returned payment fee will be applied in the amount of $25 for each returned payment. This is an additional amount to be combined with what will be owed for hours and work provided.
Production Schedule
Any time constraints must be discussed between the Artist and Client in advance. Artist cannot be held responsible for delays caused by client, sudden illness, unusual transportation delays, or external forces beyond the control of the Artist. If such event(s) occur, Artist reserves the right to a deadline extension equivalent to the exact number of days of the delay. Artist does not work holidays or weekends. “Rush” orders requiring the artist to work additional hours outside the normal work schedule may be applicable to a “rush fee” of $25 or more depending upon commission price and the deadline.
The Commission Process
The Client contacts the Artist for an open commission slot. Client provides references and a description of what they would like. A price will be given at this point.
Depending upon payment agreement, the Client makes either full or partial payment.
If requested, Artist provides 4-5 "thumbnails" to Client for work over $75.00(USD). Client has the right to choose one thumbnail and request small alterations. (Artist reserves the right to reject these requests only if Artist believes the work will suffer in quality).
Artist re-creates thumbnail into sketch and submits work to Client for approval. Client now has the right to request small alterations as well. Client is welcome to provide red-lines, however, if Artist believes that the quality of the work will suffer for it these may be rejected.
Artist begins coloring the work.
Depending upon payment agreement, Client makes a second payment.
Artist details and finishes image, then submits a watermarked, smaller version to Client for approval.
Depending upon payment agreement, Client makes final payment.
Artist emails the full file to Client.
Client smiles and shows their friends, Artist smiles and tells other artists how much fun it was to work with Client, hopefully the two work together again in the future.
Shipping
Client is responsible for cost of shipping and insurance. Artist is not liable for any lost or damaged packages once shipped. If the work is digital, the cost of printing will be added in as well.
Revisions
Clear communication is essential to successful completion of a commission. With that said, Artist offers up to 2 large revisions in the “sketch” stage and 5 small revisions throughout the commission's completion. Additional revisions are available at the expense of the Client.
Claims Period
Client has ten (10) days after the completion date to file a claim with Artist for any previously overlooked changes.
Retention of Images/Files
The Artist shall retain the original traditionally completed image for no longer than thirty (30) days. All digital files shall be retained for no longer than thirty (30) days. If Client wishes a copy of the files or for the original image to be mailed to them, they must send the proper information to the artist within the period of 30 days after completion of the image. If the Client wishes that the original files or image be held for longer than this period a retention fee of $10/week may apply.
Final Project
Artist retains no responsibility or liability for what the Client or third parties do with the artwork once the artwork is completed.
Cancellation
Artist reserves the right to cancel the commission at any time due to behavioral, payment or communication issues.
If the Client cancels the commission a refund will be given depending upon the amount of time and work completed. Artist retains all rights to canceled work, including the right to sell the image to a third party.
Confidentiality
All documents and discussions between Artist and Client will remain confidential unless otherwise expressed in writing between Artist and Client.
Final Agreement
All articles of this Terms of Service Agreement are applicable unless specifically outlined within the final written agreement between Client and Artist.
Acceptance of Agreement
By contacting me for work you are hereby agreeing to the terms expressed above.
United States
Artists&Clients
