Please read this Agreement carefully as all past and future clients must abide by these legal terms unless otherwise agreed upon with I, the artist.
-Updated Aug 17, 2016, this agreement is subject to changes that are usually announced through my social networking sites.
1. Right of refusal
i) I, the artist, am not obligated to accept every commission requested for reasons of uncomfortable subject matter or time situated circumstances. If you are not sure the subject matter you wish to be illustrated will be accepted please inquire through Contact.
ii) I have the right to pause or stop work on any commission. If the client is responsible for the halt due to unreasonable behavior in either harassment, too-frequent update requests, or refusing a solution to any occurring problem, they will have one chance after a warning to correct their behavior before I will quit.
iii) The client has the right to pause or stop work on their commission at any time.
i) If your name was added to my waitlist because you were interested in a commission, I will contact you when I am ready to work on your picture. If there is no response within 2 days, I contact the next name in line and they gain your position. If there is still no reply within 14 days your name is removed from the waitlist entirely and you will have to resubmit a commission form.
ii) Upon agreement of the commission and payment terms I will send a Paypal invoice(s) to the client. Only when the required payment is received will I begin or finish the commission and the commission is considered to be on the progress cue. If you are unable to pay entirely within a few days your position will be held, while I work on other commissions, until you are able to do so.
iii) Unless further requested, I will only send the client progress images of the sketch/concept thumbnail, linework, extensions to visual questions if needed, and the final image for approval.
iv) Major drawing changes can only be made at the sketch/concept phase and each complete revision of the thumbnail batch/composition concept or drawing requested by the client tags a $40 fee each time. Requests for smaller changes throughout the coloring process is permitted.
v) If the client is slow to respond (2+ days) to progress-dependant questions or payment plans their commission becomes low priority and is not subject to any deadlines or completion before newer accepted clients.
vi) If any unforseen external circumstances delays progress on the client’s commission beyond the three week period I will notify the client.
vii) Upon completion of the commission I send the client a preview or full resolution file of their image depending on completion of payment. The client gives the final approval/any unfinished payment and receives a web publishable image as well.
3. Payment and Refunds
i) First time customers are required to pay 50% of the quoted price before your commission(s) can commence. Returning customers who are considered trustworthy are granted partial payments. Upon completion I tally the amount of labor hours it took to make the image and invoice the remaining wage costs to the client with a sample of the final image. If you have a limited budget feel free to talk with me and I can aim to not go over it.
ii) “Pay what you want exercise”, “Badges” and “Speedpaint” commission-type clients are required to pay the full amount upfront.
iii) A full refund can only be given to a commission not yet started. If a commission is canceled partway through, the refund will be deducted by the amount of work already invested into it at a rate of $40CAD per hour. The client will receive that artwork completed to the point of cancellation. I may use or alter the uncompleted work at my discretion, which could mean reselling the image to replace the client’s character with another and finishing it, or selling prints.
4. Copyright and Usage
i) The client retains all rights to characters of their own creation used within the commissioned work. The customer retains rights to repost the publishable version of the commissioned work for a non profit manner. The customer is allowed to alter the work for non profit purposes (i.e. cropping, adding text, using as an avatar/icon etc). Giving credit is appreciated, but not required.
ii)The client is allowed to publish the watermarked web version given to them freely and, if they desire, a watermarked wallpaper-sized image can also be offered of their commission.
iii)The client must ask I, the artist, for permission before other artists can modify the artwork (ie coloring linework/turn it into a vector logo). The other artists must abide by my terms of Copyright or discuss the purchase of reproduction rights if they wish to sell reproductions of the modified image.
iv) Commissioned work may not be used in any way that the customer profits from directly. The client cannot claim reproduction rights to the commissioned work, re-print, or re-sell the commissioned work. The reprint of the artwork for personal use exclusively is a right only retained by myself (the artist) and the client.
v)The client is aware that sharing the full resolution image with friends and public is a huge risk to the artist’s copyright infringement and can lead to repercussions to the client both legally and reputation. It can hurt print or digital download sales that keeps commission prices affordable and is highly frowned upon.
vi) The customer is able to purchase the reproduction rights to the artwork commissioned. If the customer wishes to obtain reproduction rights along with the commissioned artwork, they may contact me with full details. The copyright sales will be discussed on a case by case basis and a written contract will be established.
vii) I, the artist, retain the right to republish, reuse compositions for other artwork, use in portfolios, make and sell prints, as well as sell digital copies of the commissioned work independently. Full credit (the customer’s nickname/name ) will be given at any time. If the client does not want me to profit and/or publish their commissioned picture they must tell me upon requesting their commission.