Last updated 2 May 2019
1. The Agreement
- 1.1This Agreement applies exclusively to non-commercial commissions only. It is subject to changes without notice.
- 1.2The Client is commissioning the Artist for the creation of an original piece of artwork. Contingent upon payment and completion of that artwork, the Artist will issue a license outlined in this Agreement to allow the Client to use that artwork for non-commercial purposes. The Artist is neither selling nor delivering products, neither physical nor digital.
- 1.3This Agreement constitutes the entire agreement between the parties. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement.
- 1.4This Agreement does not create an exclusive relationship between the Client and the Artist. The Client is free to engage others to perform services of the same or similar nature to those provided by Artist. The Artist will be entitled to offer and provide services to others, solicit other clients and otherwise advertise the services offered by the Artist.
- 1.5By sending payment, the Client agrees to all terms outlined in this Agreement. The Client agrees that a chargeback or reversal of payment will constitute a breach of these terms, resulting in the revocation of this grant of rights.
- 1.6This Agreement is governed by and will be construed in accordance with the laws of the Hong Kong Special Administrative Region (Hong Kong SAR).
In simple terms
You're commissioning me for something that you won't use commercially. Make sure you understand my terms before you commission me.
You're paying me for a service: My time, my effort, and my expertise. You're not paying for the painting or drawing itself, per se.
We're not here to make decisions for each other, or be responsible for the other's actions.
You can commission other people while I'm working on your commission. I can also take commissions from other people and also promote my art while I'm working on your commission.
- 2.1The Artist prefers close contact via Discord, or email.
- 2.2The Artist accepts contact through Telegram, will only discuss commission work through a Telegram Group Chat created by the Artist.
- 2.3The Client may contact the Artist in any number of ways before being redirected to any of the above methods at the Artist's discretion. The Artist does not guarantee a timely response if using any other contact method.
- 2.4The Client must provide clear information, descriptions, and/or visual reference of the desired commissioned artwork. Afterwards, a price estimate will be given by the artist.
- 2.5The Artist reserves the right to reject a commission for any reason, including no reason.
In simple terms
Contact me however, but I'll redirect you to correspond via Telegram, Discord, or email. You can find links to my contacts on each on the front page. If you want to talk on Telegram, I'll have to create a group chat first and add you to it, and that's where we'll conduct business.
I'll give you a price estimate (not final) when you supply enough information about what you want for me to do so.
I can say no for whatever reason. You won't be charged anything.
- 3.1Payment may only be made through the following methods:
- PayPal via an invoice sent by the Artist, and in US dollars.
- Direct bank transfer.
- 3.2Displayed prices are a guideline, and are be subject to change based on the complexity, difficulty, size, and medium of the individual work.
- 3.3Payment must be made in full before work begins. After payment has been processed, the commission will be added to the artist’s work queue.
- 3.4The Client will be allowed to request changes at any point of the commission.
- 3.5Minor changes will be free of charge. Examples include:
- Shifts in hue/saturation/brightness;
- Simple flat colour changes;
- Adjustment and scaling of proportions in the sketch phase;
- Re-doing simple/small shapes and elements on the artwork.
- 3.6Major changes are changes that deviate from the Client’s original commission information, descriptions, and/or visual references, and/or considerably increase the time needed for the commission. The changes may incur a fee that will be billed separately. The surcharge will be a minimum of $5, and will vary from case-to-case. Examples include:
- Adjustment of the pose;
- Adjustment of major body parts, such as redrawing the limbs or head;
- Extensive changes to clothing;
- Extensive changes to colours, after flat colours have been added;
- Minor changes to details, such as those listed in 3.5, but requested after they were approved or overlooked by the Client at a prior stage.
- 3.7Surcharges for major changes must be paid in full before the Client may receive the final, high-resolution, unwatermarked artwork.
- 3.8The Artist reserves the right to reject any changes requested by the Client if the requested change is due to stylistic preference (such as linework, colouring style, or stylised proportions), or if the Artist believes it will harm the quality of the final piece.
- 3.9The Artist reserves the right to work on their commission queue in any order, including non-chronologically.
In simple terms
I will only take payment via PayPal or bank transfer. I'm not interested in mailed cheques, cash, Steam gift cards, or anything of the sort. If you're paying with PayPal, I'll be sending an invoice.
You'll have to pay the whole quoted (invoiced) price before I start working. The quoted price may change from the listed price or inital estimates, usually from how difficult/complex the subject matter is.
You can ask for changes whenever, but more major ones (usually requiring me to backtrack or undo a lot of work) will incur a surcharge. I'll invoice you seperately for these.
- 4.1The Client may cancel the commission before work begins for a full refund.
- 4.2If the Client requests a refund after work has begun, the refundable amount will be proportional to the amount of incomplete work, adjusted at the Artist’s discretion.
- 4.3The Client will not be given refunds after work has been completed.
- 4.4The Artist may cancel a commission at any time before work is completed, and will issue a full refund to the Client. Reasons for cancellation include, but are not limited to:
- Poor or immature behaviour from the Client;
- The inability to communicate with the Client clearly and effectively in English;
- The Artist dealing with an unforeseen inability to complete the commission.
In simple terms
You can cancel your commission at any time, but if I've started work then you'll probably still have to pay for what work I've done. You won't get a refund after I'm done the work.
Bad stuff happens sometimes, and I might cancel the commission, in which case you will get fully refunded.
- 5.1The Artist will retain all rights to the artwork. The Artist may upload, showcase, and distribute the artwork as they please, as well as alter the artwork. The Artist may use the artwork for merchandise or prints, and to alter the commissioned work for these purposes.
- 5.2The Artist may re-use sketches and thumbnails rejected by the Client for any other works, including for other commissions. The Client may not use these rejected items.
- 5.3The Client will retain all rights to their respective characters and intellectual property.
- 5.4The Client may use the commissioned artwork for personal, non-commercial purposes. Examples include:
- Reposting the artwork to portfolio sites such as Weasyl or DeviantArt, as long as the signature is visible;
- Resizing or cropping the artwork to create icons, wallpapers, or header graphics. The artwork may not be modified itself;
- Using the artwork to promote their own non-commercial material, such as in banner ads or Kickstarter campaigns.
- 5.5The Client may publicly distribute, display, or repost low-resolution versions of the artwork, accompanied with a credit line to the Artist. The client may not use the high-resolution artwork for these purposes.
- 5.6The Client may produce prints of the high-resolution artwork for private use.
- 5.7The Client may not use the commissioned artwork for commercial projects. Examples include:
- Selling physical prints or pieces of merchandise of the artwork;
- Using the artwork to promote commercial material, such as in product advertising;
- Selling one’s own material, with the artwork attached to the material, such as on the cover of a music album.
- 5.8The Client may include the original artwork upon transfer or sale of the featured character(s) or intellectual property. The Artist will retain all rights granted under this Agreement.
- 5.9The Client may not claim the artwork as their own work, or as the work of anyone other than the Artist.
- 5.10The Client may not have another artist draw over, rework, or alter the commissioned artwork, including the removal of the artist’s signatures or watermarks.
In simple terms
I can showcase the final artwork, such as uploading it onto sites like Weasyl or ArtStation. I might make merchandise out of them, but because of 5.3 I can only do so if they're made generic.
Speaking of which, while the artwork itself (the drawing, painting, whatever) is mine, any intellectual property like characters or logos of yours will remain, well, yours.
You can showcase the artwork, use it for avatars, and so forth, but you can't use it to make your own merchandise or as official artwork for products you're selling, like books or music. If you wish to do so, we can negotiate a commercial licensing grant, which'll allow you to do those things.
If you transfer ownership of your intellectual property, you can also transfer the license for the artwork over as well. For example, if you sell a character, any artwork you commissioned from me of that character can be included in the sale as well. Under the new owner, though, I'll still keep the rights to the artwork.
Lastly, you can't claim this as the work of anyone but me.