Terms of Service

Terms of Service Agreement:

This agreement is between myself, the Artist, and you, the Client, for Work services rendered, known as the Work.

The Client must read, understand and agree to all the below terms before entering into an agreement with the Artist. By sending payment, the Client agrees to the terms.

A. Content

  1. The Artist has the right to refuse projects and requests according to skill and comfort.
  2. The Artist will not handle depiction of illegal activities, sexually explicit (x-rated) materials and hateful images. Non-explicit fetish, artistic nudity, violence, gore, and humorously offensive projects will be considered on a case-by-case basis. The Artist reserves the right to reject any project for any reason; this list is not exhaustive.
  3. The Artist warrents that the Work will be my original work performed to the best of my ability.

B. Timeline & Process

  1. Thecompletion of the work requires 1 week at mininum, and may typically average 2 weeks to a month, depending on commission type, complexity, and workload of commissions. Deadlines and timelines will be adhered to in good faith but may not be possible sometimes. Note that each project may vary.
  3. WIPs are not directly sent out, especially for chibis and speedpaints, as the timeline is either too quick and done in one sitting, or far too messy and iterative for feedback.
  5. Any significant updates and WIPs for the day are posted to the Artist's Trello by 11pm EST.
  6. If the Client would like a preview sketch before the lining phase starts, they must request before Work begins to be guaranteed one. The Artist is open to critique and redlines at this point, but any large edits afterward may be subject to additional charges. If the Artist has any questions during any point in the creation of the Work, they will also ask.
  7. After the sketch phase, only one small revision is allowed (i.e. hue tweaking, additional accessories) before additional charges apply. Any anatomy-related errors or missed details that were clearly included in the references provided are considered Artist’s Mistakes and will be fixed free of charge, if pointed out promptly.
  8. The Artist reserves the right to reject critique and redline pertaining to artistic skill or style preference if said critique reduces the quality of the piece.
  9. Additional charges may be required for revision that may impact the progress and timeline of the project.
  10. Delivery of finished Work will be through links to imgur or attaches through email if the latter is used for communication.

C. Communication

  1. The Artist will not discuss a commission over instant messenger or any chat systems. Please contact the Artist through email, forums, or private messaging if applicable.
  2. The Artist reserves the right to issue a refund and cancel a commission due to poor communication, rude or inappropriate behavior, or inability to communicate in effective English.
  3. Clear and concise visual references must be supplied before Work begins, and in some cases for a price estimate. At least one full body image with colors must be provided. Up to three additional images may be provided for additional accuracy. Written descriptions or jumbled references which add up to a full image will not be accepted as proper reference. *Please do not host images on Photobucket or Tinypic. Recommended quick-hosting includes: dropbox, imgur, sta.sh, tumblr, or email attachments.
  4. Clients agree to provide all requried art, references, information, and assets before Work starts and as needed during the process, or it can effect the timeline.
  5. The Artist ensures the Client will receive updates on commission when necessary. Clients are encouraged to check in when they feel it’s necessary for updates, assurance or reminders. I will typically respond quickly but may also take a few days, which is usually in order to provie a better, more concrete, update.

D. Rights, Usage, & Credits

  1. The Artist retains original copyright and ownership of the Work, which includes but my not be limited to redistributing, reproducing, advertising, displaying the Work in my websites, social media, and portfolios according to my discretion.
  2. The Artist may recycle sketches and preparatory Works that were rejected by the Commissioner for other commissions or personal Works.
  3. If the commissioned Work is a time-sensitive gift the Artist may delay public showcase at the request of the Client. Completely privated Works may be negotiated for an additional fee.
  4. The Artist retains ALL the rights to the commissioned artWork, including the right to make prints and merchandise. Image rights can be negotiated for an additional fee.
  5. The Client may not profit from the Work. This includes usage on streams, broadcast content, or any other monetized work (inclusing but not exclusive to: merchandise, monetized videos, music releases). Physical original paintings and drawings may be resold for original price minus wear and tear. Digital resales may not be higher than the original price paid, and the new Owner must be linked back to to the ToS when transferring images. Images must continue to be credited to the Artist in every case. The Client may not resell the rights to the image.
  6. The Client retains all rights to their respective characters. This does not allow them rights to the commissioned image.
  7. The Client may create up to three prints for personal use (display in their home or as gifts). Client may also resize or crop the artWork to create icons, wallpapers, or other graphics to be used in non-commercial digital format, but the Client cannot alter the artWork itself. The Client may also upload the artWork to their personal website or gallery, but credit is required, and it must not be any high resolution or unwatermarked version of the artWork.
  8. The Client shall not create Non-Fungible Tokens (NFTs) or sell any part of the Work using blockchain without the prior written consent of Author.
  9. The Client shall not submit the Work to any AI databases without the prior written consent of Author.

E. Payments, Cancellation, Refunds

  1. Prices may be subject to change according to the complexity, difficulty, size, and medium for each piece.
  2. Payment must be completed before Work begins. Works above $200 may have Payment plans but 50% must be paid up front; any farther steps may be discussed between the Artist and Client.
  3. Invoices will be sent when Work is ready to begin or within a reasonable amount of time, not during any waitlist or consultation process. Do not send a payment without my request.
  4. The Client agrees to pay the invoice within 72 hours of recieving the request unless circumstances are communicated otherwise in advance, or the project will be canceled by the Artist.
  5. If the Client wishes to cancel their commission before Work has started, they will be fully refunded.
  6. If the Client wishes to cancel their commission during the sketch or lining phase, they will be refunded 50% of what they paid, and given whatever Work has been completed.
  7. If the Client wishes to cancel their commission during or after the coloring stage, they will not be issued a refund. They will be given whatever Work has been completed.