Terms of Service

Please read this commission agreement in its entirety. You must agree to this prior to commissioning me, and it affects your legal rights. I (hereinafter referred to as “the Artist”) will create art for you (hereinafter referred to as “the Commissioner”) based on the price point, description, and references provided in the commission form submitted herewith, with additional details added during consultation.

Payment

Payment in full is required following consultation, to be collected via PayPal invoice (no PayPal account is necessary to pay this invoice, and most major credit/debit cards are accepted). Payment is due immediately upon receipt of invoice by the Commissioner. If payment is not received within five (5) calendar days from the invoice date, the Artist may consider the commission as "abandoned," a form of voluntary cancellation. No fee will be charged for consultation in any event.

Special payment arrangements may be made with the approval of both the Artist and the Commissioner during consultation. Any such arrangements will supersede the agreement terms in the paragraph above.

Deadline

During consultation, the Artist will provide a deadline of no later than 180 days from the transmission of the invoice (subject to timely payment), and agrees that the finished product will be delivered no later than the agreed-upon deadline.

If the Artist cannot meet the agreed-upon deadline, he will provide notice to the Commissioner at least three (3) calendar days prior to the deadline, at which time the Artist and Commissioner will either negotiate an extension of the deadline, or the Artist will agree to provide a full refund of the commission fee within two calendar weeks (14 days).

Delivery

After the initial consultation and payment of invoice, the Artist will provide a proof of concept via the provided point(s) of contact. Following the Commissioner's approval of the proof of concept, the Artist will deliver the finished artwork upon completion (again via the provided point(s) of contact).

Any work-in-progress ("WIP") updates beyond the initial proof of concept are provided solely at the Artist's discretion, as a courtesy.

All finished artwork is delivered digitally as a Dropbox download link (or file attachment upon request or as the situation may require). The Commissioner agrees to download the art immediately upon receipt. NO WARRANTY is made regarding the availability of the art in "cloud storage" (that is, at the provided download link) beyond the time of delivery. No physical media will be shipped.

The Artist explicitly disclaims all responsibility for printing, framing, and any other physical installation costs.

The Artist agrees to make corrections to the finished artwork if they are reasonably (in the Artist's sole discretion) obvious oversights of details mentioned in the commission form or subsequent consultation. The Artist may refuse any alteration request, and such a refusal is not grounds for a refund.

Exceptions:

Proof of concept drawings are not provided for sketch commissions or catalog orders, which are delivered as-is upon completion.

Refund Policy

Once the invoice for the commission has been paid, the commission is then considered to be "accepted." A commission that has been accepted may be fully refunded only under either one of the two following circumstances:

1) The artwork has not been completed by the agreed-upon deadline.

2) No proof of concept has yet been approved.

The Commissioner may request a full refund at any time before the proof of concept has been approved. The Artist reserves the right to refuse frivolous refund requests altogether (for example, relationship breakups or buyer's remorse), or to issue such refunds less the initial invoice transaction fees. If a proof of concept has been approved, a partial refund may be requested, but the Artist reserves the right to withhold from the refund any amount proper to cover the cost of services already rendered.

Lack of satisfaction with the finished product is NOT grounds for a refund. The Artist will do everything that is reasonable (in the Artist's discretion) to ensure the Commissioner's satisfaction with the finished product, but delivery of completed artwork within the agreed-upon deadline is considered fulfillment of the contract terms by the Artist. Non-payment for a service (for example, if the Commissioner issues a payment dispute or chargeback after receiving the finished work) is a form of fraud and will be prosecuted to the fullest extent permitted by law.

Since no proof of concept drawings are provided for sketch commissions, such commissions are only refundable in cases of missed deadlines.

Copyrights

The Commissioner herein represents that they are waiving certain intellectual property rights by commissioning the Artist, and that they have all the appropriate permissions to do so. The Artist will not accept the commission of a scene containing any intellectual property (for example, Disney, Pokémon, My Little Pony, Sonic the Hedgehog) over which the Commissioner does not have copyrights or the permission of the copyright owner. "Fair Use" work will not be approved.

It is very important to understand that you, the Commissioner, DO NOT own the copyrights to the finished artwork. As the creator of the artwork, ALL rights are reserved by the Artist (including the right to publish the finished artwork without notice or remuneration to the Commissioner).

The Artist grants the following copyright permissions to the Commissioner:

Permission for the artist to publish the artwork in their own online spaces, with proper attribution, with the following exceptions:
- The artwork may NOT be published to the following websites without the explicit permission of the artist, which is not granted by this standard agreement: e621.net, inkbunny.net, f-list.net, reddit.com
- The artwork may NOT be published to any imageboard (commonly referred to as "booru" or "chan") type website (including, but not limited to, FurryBooru and u18chan.com).
Permission for the Commissioner to create hard copies of the artwork SOLELY for personal use.

In plainer language, because this section confuses people: When you commission art from me, you're allowed to use it in the way anyone would reasonably expect a furry to use art they commission, but that doesn't mean that you own the copyrights to it. I can publish or repost it wherever I want, and you aren't owed anything for that. There are also some websites (see above) where I don't want it to be posted unless you explicitly get permission from me first, and others where I don't want it posted at all. Since I own the rights as the creator of the artwork, I am allowed to set those restrictions, and you are legally obligated to abide by them.

Prohibited Use

As the Commissioner, you agree not to use the artwork in any of the prohibited use cases described below, and understand that doing so will result in the immediate revocation of the permissions described above (and may additionally result in civil liability):

The Commissioner may not resell the artwork, put it behind a paywall, or charge an access fee of any kind.
The Commissioner may not use the artwork as part of merchandise intended for sale (including, but not limited to, T-shirts, stickers, coffee mugs, and mousepads). Such items may be created for personal use, but not for resale.
The Commissioner may not use the artwork in the minting of non-fungible tokens ("NFTs") under any circumstances.
The Commissioner may not use, or give permission for anyone else to use, the artwork in any training datasets for generative AI.
The Commissioner may not make any alterations to the finished artwork. This includes the use of generative AI technology to alter a finished product (for example, paying for a sketch and using AI to "finish" it). The only exception is that the Commissioner (and ONLY the Commissioner) may crop the artwork for personal use as a "profile picture" on social media and other sites that use such layouts.

Eligibility

You may only enter a commission agreement with me if you are at least 18 years of age and capable of entering a legally binding contract.

I do not refuse service to clients on the basis of race, ethnicity, nationality, religion, sexual orientation, gender identity/expression, age (as long as you are over 18), or disability. Although I may refuse any commission proposal that includes themes I am not comfortable drawing, I will generally try to offer alternatives in such cases.

However, I reserve the right to refuse service to you altogether if:

Your commission proposal represents, in my sole discretion, a hateful form of expression.
Entering a commission agreement with you would, in my judgment, expose me to undue financial or reputational risk.