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Shoelace

[RULES][2019-05-11] Terms for the Art Commissions

Posted by Shoelace 1 year ago

 

Hello,

No big announcement here, but instead a set of rules. I had to deal with numerous frustrating situations recently, so I guess it is time for me to write down all the rules that people would have to accept before ordering a commission from me.

I highlighted the critical points in blue, but please read all of them first.

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1 – GENERAL
1a - Commissions can only be taken if the customer approve the following set of rules. It is the customer's responsibility for reading all these rules before commissioning, and none of these rules can be overruled if the customer failed to read carefully.
1b – Unless specific notification, the artist will only sell digital art to the customer. No other format can be expected.
1c – The customer is free to discuss with the artist to get any advice before the commission is accepted by both the customer and the artist.
1d – The customer has to provide as much details as possible; e.g. description or reference (partial or total) of the characters, objects or background, panel-by-panel plot.
1e – According to point 1c, the customer has the possibility to discuss with the artist of any missing or uncertain information in point 1d. However, if too many points are missing, the artist is free to ask the customer to come back later, once the customer will have gathered enough information by themself.
1f – The artist has the right to accept or refuse any commission depending on its content, including the characters. No justification on a refusal can be forced by the customer.
1g – The artist’s Original Characters (OCs) are available as possible characters for the commission but fall under the condition given in point 1f.
1h – The customer can request for minor changes during the production of the art, as long as the content is accepted by the artist under the condition given in point 1f.
1i – If the change or its consequences induce a cancellation of the commission, please refer to 4d to 4f.
1j – If the customer refuses to make the full payment under the conditions given in part 4 or breach any of the other rules listed here, the artist has the right to make the behaviour of the customer known to the public to prevent other artists to face the same problems.
1k – Commissions slots are given on a ‘first arrived, first served’ basis. The first customer to have his idea approved and to accept the terms listed here will be served first.
1l – Following point 1k, a customer replying too slowly for the WIP sketch and/or the following checkpoints might be served after a customer replying faster.

2 – SCHEDULE, COMMUNICATION AND BEHAVIOUR
2a – Art is not the main business nor the main occupation of the artist. His drawing schedule is made accordingly to his free time.
2b – Any specific schedule or deadline can be tolerated upon special request and only under strict approval from the artist (e.g. birthday present), and respected as much as the artist can. Such timeline should be notified before the commission is started.
2c – As a consequence of 2a, the artist can only try to do the art as soon as possible but cannot promise nor assure it will be done in a given time. Any specific deadline is just an estimation and going past the deadline will not affect the amount paid by the customer, i.e. no discount for being late.
2d – Communication between the artist and the customer is expected to follow the usual standard of civilised communication. Politeness has to be observed by both the customer and the artist.
2e – In case of excessive rudeness, the artist has the right to stop any work being done for the customer at the moment of the offense.
2f – Any change or modification of the commission in its content and/or schedule has to be immediately notified to the artist. Refer to 4d to 4f for complete cancellation of the commission.
2g - Point 2e does not affect in anyway the conditions under which the customer is supposed to pay for the commission, as described in part 4.

3 - INTELLECTUAL PROPERTY
3a – The artist does not and will not claim intellectual property on any character which is not listed as one of his Original Characters (OCs).
3b – The customer does not and will not claim intellectual property on any OC from the artist, or on any character which is not part of the customer’s OCs.
3c – The customer does not and will not claim the drawing as his own art, nor the customer will dispossess the artist from his work by claiming he was not the creator of it.
3d – In general, purchasing an art from the artist do not grant any additional right on the intellectual property toward the artist nor the customer which was not established prior to the commission.
3e – Upon payment, the customer gains the right to use the art in any way he would like to do, as long as it does not interfere with the point 3a to 3c or with the international or local laws. If the customer wishes to use this right to prevent the artist from making the drawing public, please refer to point 4j.
3f – If the customer makes the art public while deciding to make it private at first, i.e. forbidding the artist to upload it to his gallery, the customer will have to specify clearly the name of the artist as the creator of the art and give him all the credits.

4 - PAYMENT AND CANCELLATION
4a – The payment has to be made once the Work In Progress (WIP) sketch has been submitted and approved by the customer.
4b – Full payment has to be provided in one time. No partial payment will be accepted.
4c – The drawing will not be completed until payment is provided. No delay in payment will be accepted.
4d – Full cancellation is only permitted before the WIP sketch has been submitted, or if the WIP sketch has been totally refused and if the customer does not wish to proceed further.
4e – Once the WIP sketch has been approved, the customer is only allowed to cancel any upcoming change on the drawing (e.g. inking, shading, coloring). All the previous work, including the WIP sketch, will be charged and and should be paid by the customer.
4f – In case of cancellation, the customer has to notify the artist immediately. Late notification cannot prevent further modification from being charged to the customer.
4g - Following point 1c, non-charged cancellation cannot be claimed if the dislikes come from the artist being forced to guess details not provided by the customer.
4h – No discount can be claimed by the customer if it has not been advertised by the artist beforehand. Strict conditions as given with the discount will be observed.
4i – Advertisement and/or exposure is already taken into account on the displayed and given prices. No additional discount for exposure will be given.
4j – As a consequence of point 4i, keeping the drawing private and/or secret will increase the price of the art by a fee to compensate for the lack of exposure. The amount of the fee will be calculated by the artist, based on the complexity and expected exposure the art would have gained if it would have been made public.
4k – The customer has to notify that he wants the art to remain private before the commission is accepted. Late notification will be tolerated before the payment is made. After that, the fees will increase to compensate for the late notification.
4l – In case of a late notification, if the customer does not accept to pay for the privacy fees, the artist keeps the right to publish it in his galleries.
4m – Paypal only
Comment on [RULES][2019-05-11] Terms for the Art Commissions

Comments
Renael

Posted by Renael 1 year ago Report

Sorry to hear about frustrations! Also; if someone's ever harassing you for free requests or the like, remember that that's against the rules and all and to report it.

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Bright

Posted by Bright 1 year ago Report

These rules are reasonable.

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