General terms of service a for commissioned artwork. Layman’s version here. Note that these are general terms mainly geared towards non-commercial, personal use works; a specific piece, especially for commercial artwork, may include additional or revised terms.
- Description: Unless otherwise specified, the product will be a digital file, not a physical print.
- Right of Refusal: The Artist reserves the right to turn down anything the Artist is uncomfortable with drawing. The Artist will only do mature commissions for customers who are eighteen or older.
- The Artist operates in accordance with United States law; by commissioning the Artist, the Client agrees to comply with such laws and to not, through any means (including but not limited to deception, omission, or falsification of documents), try to circumvent such laws. The Client takes full responsibility for any failure to comply with both these laws and laws local to the Client and agrees not to hold the Artist or any agent thereof liable for any damages resulting from the Client’s failure to follow U. S. laws and laws local to the Client.
- Payment Method: Payment of Artist is to be conducted through COMMISS.IO unless otherwise agreed upon. Client does not need an account on COMMISS.IO to use COMMISS.IO‘s services.
- Contact Method: Contact between Artist and Client to be conducted through COMMISS.IO‘s services unless otherwise agreed upon. Contact may also occur through Artist’s contact page either to initialize contact with Artist or if Artist cannot be reached through COMMISS.IO.
- Cancellation & Reimbursement: The Artist reserves the right to cancel a commission at any time. If the cancellation is due to no fault, error, or other action or inaction of the Client, Artist will reimburse all fees paid.
- Kill Fees:
- If the Client wishes to cancel a commission before the Artist begins to work, there will be no charge. Work here may include research and collecting resources for the piece.
- If the Client wishes to cancel a commission after work has begun, they will be charged a fee. This fee can vary depending on the type of project and on work completed before cancellation. Work here includes research and collecting resources for the piece.
- NOTE: Commissions done through COMMISS.IO‘s platform will adhere to the cancellation policy specified on COMMISS.IO for that piece
- Down Payment Reimbursement: The Artist is not responsible for reimbursing any down payments that may be made if the Client ceases contact for two weeks or longer or neglects attempts made by the Artist to contact the Client during that time or after. The down payments in such a case count toward paying back the Artist for time wasted and, as such, is non-refundable, regardless of whether or not the Artist finishes the piece.
- Kill Fees:
- Usage Rights: Any usage rights not granted are reserved to the Artist. Any grant of rights is conditional upon receipt of full payment.
- For non-commercial artwork (e.g. personal use commission): the Artist hereby grants and assigns to the Client the limited right to utilize the commissioned piece for the purpose of personal use, including posting with attribution on the Client’s blog, social media, or personal website only and private printing or gifting of the artwork to a third party, with all remaining rights relating to advertising, publication, or other uses not specified herein to be reserved by the Artist.
- For commercial artwork: A project-specific contract will be issued to the Client from the Artist specifying project-specific usage rights, among other information; any usage rights not granted in a negotiated contract between Artist and Client are reserved to the Artist. Usage beyond rights granted to the Client in any contract shall require payment of mutually agreed-upon additional fee subject to all terms.
- Attribution/Credit Line: Unless otherwise agreed upon, Artist shall receive name credit. The credit line shall be in the form of “by K. M. Claude” or “© [Year], K. M. Claude” or social media specific (e.g. @kmclaude for twitter)
- Alterations: Unless otherwise agreed upon, any electronic alteration of artwork produced by Artist is prohibited without express permission of the Artist; unauthorized alterations shall constitute additional use and will be billed accordingly.
- Revisions: Artist agrees to submit sketches for Client approval unless otherwise agreed upon; additional fees will be charged to Client for revisions made after such sketches have been approved and for all revisions that reflect a new direction for the assignment or new conceptual input. Client agrees to pay Artist an additional fee for changes requested to final art where Client asked Artist to proceed directly to final art.
- Limitation of Liability: Client agrees not to hold the Artist or any agent thereof liable for any incidental or consequential damages arising from the Artist’s failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Artist or of any third party.
- Unauthorized Use: Client will indemnify Artist against all claims and expenses, including reasonable attorney’s fees, arising from uses for which no release was requested in writing or for uses exceeding the authority granted by release.
- Ownership: The Artist expressly reserves all title, ownership, and rights unless otherwise explicitly granted of all original artwork produced pursuant to Client’s commission, including all preliminary materials including but not limited to sketches and comps. The artist reserves the right to use any commissions in portfolios or post them publicly to social media sites.
These terms may be updated or modified any time at the Artist’s discretion.
Any additional terms will be contracted between Artist and Client; contracts for such commercial, long form, or other special use cases will be provided by the Artist to the Client during initial contact request discussions.