These TOS apply to personal, non-commercial commissioned artwork. Commercial work inquires can be directed to my Gmail. The terms mentioned in this article apply to all privately commissioned works and use the term “client” to refer to a singular individual who had commissioned services. Future changes to these TOS do not apply retroactively unless it’s a change that will benefit a client.
All services rendered apply to and adhere to these terms without exception unless otherwise discussed. It is the client’s responsibility to view these terms as they are displayed publicly and adjacent to my commission information. These TOS apply to both the client and artist (myself) and thusly if a breach of these terms occurs on the artist’s end the client will be entitled to a refund for services rendered.
Image Rights
-When commissioning me, the client understands that the rights to artwork both finished or incomplete are retained by the artist (myself) under the United States Copyright Act of 1976. Ownership of image copyright may be transferred to a client upon discussion and agreement but will also incur extra fees. No unauthorized reproduction or sale of completed works will be tolerated unless expressed permission has been given. Should a client need edits or alterations they are well within their rights to ask for those to be made by the artist however the client nor a third party may alter any of my work produced without granted authorization. In the event that altered work is distributed without permission, I retain the right to issue a removal under the United States Digital Millennium Copyright Act (DCMA).
Usage
- As the artist I reserve the right to use completed artwork in any fashion I see fit unless the client has expressed otherwise. This includes but is not limited to the production or sale of prints, digital portfolios and digital distribution such as subscription based sites. The client may request to opt out of this usage and the artist will discuss it with them. Artist also retains the right to post or distribute artwork where they please such as posting to multiple gallery websites/ect and inversely may exercise discretion in posting said works.
Usage
-The client is welcome to repost the commissioned piece to any venue of their choice without consultation from the artist as long as credit is given to the artist. This includes gallery hosting websites, social media and the like. The client may also reproduce prints and copies of said artwork as long as it is for personal use (including the distribution of physical copies to family, acquaintances, ect as long as no money is exchanged). For profit distribution is not permitted unless the client establishes a contract or agreement with the artist. If edits or changes are required, the client may request those from the artist for free (within reason: see “Commission Process” section.) and thus are not permitted to make edits themselves or through a third party without approaching the artist first.
Image Rights
-The client retains the rights to privately owned entities depicted in finish or incomplete artwork and artist will explicitly direct credit to the character’s owners unless asked otherwise. The rights of the image itself belong to the artist but the client may open discussion to engage a transfer of legal ownership, however this will incur a fee.
Right to a Refund
- Should the artist violate any of the established terms in this document, the client is entitled to a refund for services not yet rendered. Clients are also entitled to a refund in full should an inordinate amount of time pass prior to the start or completion of their commissioned work.
Pricing
- Since a commission is a contract, customers must be 18 years of age & older. No exceptions.
- All prices are non-negotiable and require legal currency for payment. Goods or “virtual currency” are not accepted as payment methods unless arrangements have been made prior. Images depicting multiple characters or excessive themes and detail will incur additional fees at the artist’s discretion and will be discussed before finalizing an agreement; this practice is also non-negotiable. There are no discounts given unless client and artist establish an arrangement.
Payment
- Payment for any services is expected up front in full before any amount of work will be initiated.
- Payment plans can be arranged for anything over $100 in total value. Payment in full is still preferred.
- Payments must be made in USD as that is the only currency accepted by me at this time. The only form of accepted payment at the moment is PayPal and Google Wallet, however that may change at some point in the future. I do not accept checks or cash via the physical mail system (non-negotiable).
- When sending payment via PayPal, clients are only to send payment as “Service” or “Goods”; Clients must not send payment as “gift” or pay for “fees” as those are the artist’s responsibility and must be done correctly for tax purposes. Tips are allowed and appreciated.
- Payments may be made directly at my PayPal Me or by invoicing.
Delinquent Payment
- In the event that a client does not send payment within an agreed upon time frame, a grace period of 48 hours will be given before a commission slot will be canceled. In the event that a client’s correspondence exceeds one month without reply, the commission slot will be forfeited and a refund will be issued if payment has been made.
Refunds
Refunds are available under specified circumstances: - In the event that the artist takes an excessive amount of time to complete an order, a refund is available upon request. (more than 3 months)
- If a refund is request before work is started, a full refund is available.
- If the artist makes significant errors against specified information, a partial refund is available after the artist has made efforts to rectify mistakes.
- If the artist deems an image can’t be completed by their own means, a full refund will be issued.
- If a client is unsatisfied with a commission a grace period of two weeks after delivery date is issued to request a partial refund should they be unsatisfied with the image.
- No full refunds are issued for completed work. This is non-negotiable.
Preliminary Stages
- Most commissions are offered in a “wing-it” style that functions on a completed image based on information given by the client. Larger scale commissions given preliminary stages for the client’s approval that include a basic sketch and upon customer approval a flat colored and inked image. At this point the client can request changes as they see fit however after this process changes will incur extra fees should the requested alterations be more suitable to the preliminary stage.
Edits
- For large scale commissions, edits are welcome in any of the preliminary stages and can be made easily. Once an image is complete, small edits can be done for free however major edits will incur extra fees, however this will be done at the Artist’s discretion so clients should not be afraid to ask. For commissions done in a stream setting where the client is present, edits can be request in the sketch and coloring stage however they will not be made with a fee after shading has been started. It is the client’s responsibility to watch and be aware of the work they commissioned as it is being created; such is the purpose of streaming artwork live. For Wing it style commissions, clients may request small changes after the finished image is delivered however if the edits require excessive work or a re-draw extra charges will incur.
Reference Sheets
- Reference sheet commissions have their own set of rules as they are an important and vital aspect to a client’s future commissions and identity within the artistic community. Clients who request a reference sheet must be willing to work with the artist on a personal level and be able to set times and dates to establish a live chat with the artist. Because of the complexity and importance of these types of works, clients must be able to watch the image be made from start to finish in a private streaming session. This is non-negotiable. Edits and alterations are allowed at any stage within the creation of the reference sheet as the client will be present for it’s creation however any changes request after the image is completed will incur additional charges that will vary depending on the complexity of the request change. For clients who had previously commissioned reference sheets and need details updated, that can be done for minimal fees.
Completed Images
-Once completed the client is given a grace period of two weeks to make requests regarding the image (edits, alterations, ect) without additional charges. Within those two weeks minimal changes can be made without any additional fees. As stated above in “Client’s Rights”, the commissioner may post the finished image where they see fit as long as it is not done with the intent to profit.
Inaccurate Reference
- Clients are expected to provide up to date and current reference of personal entities or express any discrepancies prior to the time the artist begins work on the commissioned image. Requesting alterations that relate to inaccurate information on the client’s end will add additional fees.
Communication
- Clients are expected to maintain consistent communication with the artist throughout the duration of the commission process. Excessive absence on the client’s end will result in an automatic refund after the artist has attempted to establish contact and has not received a response within a timely fashion (two weeks). When contacting the artist, please allow up to 7 days for correspondence as the high flow of email can cause delays. If the client has not heard back from the artist within three weeks, the client may request a chargeback for any uncompleted images or ask the artist directly for a refund. If a client has not had correspondence within that time period, they are entitled to a full refund regardless of the status or progress already completed on their commission.
Deadlines
- Commissions are completed at the artist’s speed and can take as long as three months (after which point clients may ask for a refund if they so desire). Hand crafting an image is a specially art and so with that craft comes time. Clients should not expect artwork to be completed by specific dates unless requested. If a client needs a image completed by a deadline, they are welcome to ask and the artist will accept or decline depending on how well they believe they can meet the set time frame. Deadlines must be established in the initial commission request.
Harassment
- As stated above, commissioned work requires time and if a client is not in a position where they can wait in the amount of time established above, they can request a refund for services not yet rendered. Clients are expected not to harass the artist on art galleries, messengers or social media excessively asking for updates; Clients that inquire about updates from the artist more than once a week may be refunded without notice. The artist reserves the right to refund as they see fit in this situation. Clients that use offensive or threatening language towards the artist will also be refunded, blacklisted and documented.
Content
- The Artist reserves the right to refuse a request at their own discretion depending on the content. Any requests involving the following content will not be accepted; This is non-negotiable.
The artist will not draw any depictions of minors, fictional or real, in adult situations under any circumstances. This includes nudity or any situations that may otherwise be deemed inappropriate. This is accordance with the UNCRC.
Scatalogical content will be rejected as will any urine based concepts.
Themes of hate-speech or inflammatory towards another person, company or entity.
Anything that could be considered illegal.
Commitment
- As an artist, it is my personal agenda to deliver work that both pleases and satisfies my clients; I strive to give my best in everything I do because illustration isn’t just my job, it’s a passion. I hold steady to the ideal that the personal touch and concern for my clients won’t just produce a better product but will also make the community a kinder place to be. I will always put my best effort forward to share that love I have for art with my customers. For those who commission me, I appreciate every single one of you taking interest in my work and offer my deepest appreciation for your patronage. Thank you to all and I look forward to working with all of you!
Artists&Clients
