Commission Terms of Service
This Terms of Service Agreement ("Agreement") is entered into between the Artist and the Client for the commission of an artwork ("Work"). By commissioning the Artist, the Client agrees to the following terms:ENGAGEMENT
Client provides clear and complete requirements and expectations upfront, including reference materials or assets before Work begins.
Client grants to the Artist non-exclusive rights to observe and replicate Client’s own character design, reference material, and other intellectual property for the use of the Work.
Client warrants that the character design, reference material, and other intellectual property provided to the Artist are legally obtained and authorized for use by the Client.
Client warrants that they have the authority to enter this agreement, be the point of contact, and is solely responsible for decisions and approval during the process.
Artist strives to perform to the best of their ability in good faith and warrants that the Work is 100% original according to Artist’s best knowledge.
Artist may use commercially licensed, copyright-free, and/or educational materials, assets, and/or tools.
Artist warrants that they will not copy or heavily reference unauthorized materials.
Artist defines the scope of work, features, price, deliverables, and other details for the project in a proposal in a format according to Artist discretion, which may include a private message through Discord, Instagram, Twitter or an email. The details set forth by the Artist shall be agreed upon by the Client before work begins.CONTENT RESTRICTIONS
Artist will not create content that is explicit or offensive.
Artist reserves the right to refuse projects or requests based on content, subject, or other reasons.
Specific restrictions include but are not limited to furries, mechs, and explicit adult content.TIMELINE AND PROCESS
Work completion requires 2 weeks minimum, and may take up to 6 weeks depending on each project.
If the Client wishes to set a deadline for the final deliverables, the Client will be charged an additional 5-10% rush fee according to the Artist’s discretion.
Timeline depends on commission type, complexity, and workload.
Artist provides progress updates and seeks Client feedback voluntarily.
Final deliverables are provided by the Artist using email.
If there are any delays and adjustments to the timeline, the Artist will inform the Client.
Clients must first agree to delays and amendments to timelines exceeding 2 weeks through standard communication channels.
Clients have the right to request refunds 2 weeks after deadlines if Work has not been delivered and there was no agreed-upon amendment to the timeline.REVISIONS
3 revisions allowed to the Client during the process.
After 3 revisions, each revision costs a minimum of 5 USD depending on complexity. Level of complexity is left to Artist’s discretion.
Revisions may affect progress and timeline.COMMUNICATION
Ongoing communication and discussion will occur throughout the project, including work in progress, idea generation and collaboration, situational updates, and more.
Communication channels may include Discord, Twitter private messages, Instagram direct messages, or email, according to Artist discretion.
Artist response time may vary, up to 2 days in order to provide better or more concrete updates.RIGHTS & USAGE
Artist Rights
The Artist retains copyright, ownership, redistribution, and intellectual property rights, which include but are not limited to display, advertising, printing, the Work and work in progress on websites, social media, portfolios, public broadcast channels (i.e. Twitch), and more.
Client Rights
Clients receive exclusive, non-transferable usage rights to the Work for personal use. Refer to next section for commercial rights.
Personal use means: display on social media accounts for promotional purposes with no direct monetization, such as profile pictures, banners, and posts; print and framing in personal spaces; display as part of designs on websites and channels, excluding use in content of these websites or channels.
Client must not claim Work as their own and must credit Artist using their social tag/username/link at the instance of display of the Work or permanently on their websites, social media profiles, broadcast channels, and so on.
Client must not edit or modify Work in any way without prior permission from the Artist.
Commercial Rights
Commercial usage rights are not included unless specified in the commission type or listing on the Artist’s websites or as agreed upon.
Commercial rights mean usage of Work on streams, videos, and other content, or any monetized instances, or selling or reselling Work to another party, as part of any product, or on another platform.
In the case of design work for the definition of the Client's brand identity such as character design, logo design, and more, intellectual property rights of the designs and their likeness are exclusively granted to the Client for use, production, and modification purposes, commercial or personal. (Please clarify in further detail for each type of work if necessary)
Usage of Work for AI (artificial intelligence) tools, platforms or programs; ML (machine learning) tools, platforms or programs; AI or ML training; NFT; blockchain; or other for-profit platforms/purposes, is strictly prohibited.
Additional charges will be required for commercial usage if not included, typically 1.5x to 2x of the original cost.PAYMENTS & FEES
Client pays a 50% upfront payment for all projects.
Payment link will be sent to the Client when Artist is ready to begin work. Clients must not send money before these requests for payment from the Artist.
Invoices must be paid within 2 days, or the project may be canceled.
Prices are in USD, and paid via Zelle, Venmo, PayPal, or methods as provided by the Artist.
Prices may vary or change depending on complexity, requirements, and/or additional requests.
Once Work has begun or payments have been made, the Client acknowledges that Work and deliverables are digital, and there are no physically shipped goods to receive.
Client warrants they will not issue chargebacks and the refund policy mentioned below will be followed.CANCELLATION & REFUNDS
Cancellations are not allowed past the sketch stage. A partial to full refund may be provided if Work has not started or is in the sketch stage.
No refunds are possible after the rough sketch is confirmed unless initiated by the Artist.
If Artist cannot complete work or there are delays as detailed in Section 3 for unforeseen reasons, the Client may be eligible for a full refund. If work done up to this point is accepted and used by the Client, the Artist will provide a partial refund only.CONFIDENTIALITY
The Artist and Client acknowledge that information and materials that are provided to either party (including but not limited to personal information, technical information, marketing plans, payment information, or sensitive business information) outside of the development of Work, that will not be visible to the public, shall be considered confidential information and shall not be disclosed to any other party without prior written permission from the owner of this confidential information.INDEMNIFICATION
Client indemnifies Artist against claims, losses, damages, and expenses related to Work usage by the Client, breach by the Client of the Agreement, or third-party claims.
If Client's rights are violated or the Work is not delivered as agreed, Artist will work to remedy the situation first.ACCEPTANCE
Client is 18+ and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf.
Agreement date is upon first inquiry/communication or first transaction.
Note: Businesses, agencies, groups, and other organizations should contact the Artist to discuss arrangements in more detail.