Commission Terms and Conditions

Terms and Conditions for Commissions.

My patrons and clients are very important to me, I appreciate you greatly. You are my fiends!

I am a professional artist and therefore require you to operate as a professional with me as well. By commissioning me, you have read and are agreeing to the terms and conditions listed below. This is a contract between (me) the artist and (you) the client.

I will also send you a copy of the Terms and Conditions with your quote.

PAYMENT METHODS

  • Paypal
  • Direct Bank Deposit (Australia / New Zealand only)
  • Cash (Markets, Conventions and other Live transactions only)

A deposit is required for work to begin.

For first time commissioners a 75% deposit is required. I have been servicing clients for almost 20 years and am extremely reliable. Unfortunately, it only takes s few unscrupulous people to make this a requirement. I promise I will deliver a product that you will love.

For returning patrons: 50% Deposit

All prices are subject to change without prior notice.

Requirements for an accurate Price Quote:

  • Any reference images (screen shots, photos and/ or previous artwork done by other artists)
  • A general description of what you want in the artwork including colours.

Please state if you have a deadline in mind. I can’t guarantee this until I do a final quote depending on my current bookings.

GENERAL TERMS

  1. If commissions are closed, I will put you on a waiting list and you will be contacted before commissions re-open, allowing you the chance to claim a slot. You have one week (seven days) to reply with your decision before I will assume you do not want a commission at this time. I will re-add you to my waiting list to be contacted in the future. If you should ever wish to be removed from the waiting list, let me know immediately.
  2. Please contact me via my Contact page on my website.
  3. Rude, offensive or abusive behaviour will not be tolerated, you will be refused service.
  4. Do not ask for free art unless you are a registered charity, I will then review it based on my schedule and alignment.
  5. You can ask me to delay posting the finished picture until a particular date (birthday, holiday, anniversary, etc).
  6. The prices quoted for commissions are for non-commercial work. This means that you may not use my art to make money of any kind (the only exception is a private collector on the resale of work. (See Term 7)). ie:  You can’t take my art and sell it as prints,coffee mugs, hoodies, or anything else that earns you money, this internet currency (such as bitcoin) or website exclusive currency (like deviantArt points). If you would like to purchase a commercial license, please contact me.
  7. If you are a collector and reselling my work, there may be a 5% resale royalty required by law, for more information: http://www.artslaw.com.au/info-sheets/info-sheet/resale-royalty-rights-for-visual-artists/
  8. All art is for personal use only unless you want to commission me for commercial work. So if you want to make a print for your wall, feel free to do so but you are not allowed to sell the work for profit of any amount.
  9. If you would like to use my work commercially, please contact me for a quote.
  10. I have the right to post your commission wherever I please, online and offline to promote myself/my art. However, I will always properly credit the commissioner for artwork (if you would like to be anonymous, I will keep all details confidential including your name, you can choose a wrestling name instead). If you’d like the commission to remain private and secret, please contact me and we can discuss it.

The Process

    1. Commissions can take anywhere from a few days to 3 months. The time varies according to complexity and number of filled commission slots before yours. I will give you a time on quoting.
    2. If you need your commission ASAP or have a deadline, please let me know from the start so that I can meet your needs appropriately. Please try to commission me at least 2 weeks ahead of time, more if it is a complex job, this includes any 3D work. Holiday gifts require three weeks minimum notice, especially around Christmas, Valentine’s Day, and Halloween.
    3. After payment is received, I will draw a rough concept sketch of the final artwork. I will then work with you to finalise a concept sketch until you are happy. This will include your colour pallete, if applicable. Please make sure you are 100% happy before proceeding to the next stage.
    4. Once you approve me to move forward with finished art, all changes/edits made hereafter may require a fee. The fee will be dependent upon the individual request and how far along we are in the process.
    5. After the sketch is approved, I will move forward with finished art. I will keep you updated on the stages of completion (sketch, lineart, coloring, modelling, etc) via email.

Payment

    1. All commissions must have the deposit paid upfront.
    2. I will send you a bill/invoice of the price we agree upon in USD to your PayPal or email account. A link will be included for payment.
    3. I will only begin the commission upon receipt of deposit.
    4. The balance is due upon receipt of final artwork.
    5. A slot is claimed when payment amount is agreed upon but if payment is not paid in 14 days (unless negotiated), the slot will be given up.
    6. Sales Tax: If you are an Australian resident, 10% GST is required to be added to total price and paid by you.

What I Need From A Client

    1. Please choose a colour pallette. If you need assistance with this. Go here to Adobe CC Colour tool, it’s great!
    2. Physical appearance references and descriptions
    3. Pose references (if needed)
    4. General atmosphere, personality, expressions, etc.
    5. If you need specific dimensions, please supply these beforehand. If you are unsure, let me know what you want to use it for and I can help.
    6. References, References, References!! 🙂 The more references the better! It will give me the best idea of what you want.

It is the responsibility of the client to provide an accurate brief and references for their artwork. If I am told to ‘be creative’ or ‘it’s up to you’ then I will not be responsible if there are errors in or disappointment with the final result. If you do not create a color palette or detailed brief for me and are dissatisfied with the colors and choices I make with the artwork, additional fees will be required to be paid for changes and edits.

Cancellation and Refund Policy

  1. If you’d like to cancel your commission, please contact me here.
  2. If I have not begun on your commission, you will receive a full refund (minus PayPal fees)
  3. If I have started on your commission, you will receive a partial refund and any work made so far will be delivered to you. EG: If you commissioned a 3D printed bust of a character and I have only gotten to the rough digital model, I will refund the difference. To clarify further, if a fully printed 3D bust costs $550 and the digital model only costs $350, I would refund you the $200 minus PayPal fees.
  4. If I have completed a commission, you cannot ask for a refund.

Copyright and Usage Policy

By law the copyright of the artwork remains the property of the artist, not the commissioner. Therefore, I am allowed by law:

  1. To reproduce the work in copies or photo records;
  2. To prepare derivative works based upon the work;
  3. To distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending; and
  4. To display the copyrighted work publicly

If you would like to purchase the copyright outright (eg: for commercial use), this will negotiated as an extra purchase price. If you know from the outset that you would like purchase the copyright, please let me know as it could be cheaper to do so from the outset.

In addition to copyright, certain authors of works of visual art also have the rights of attribution and integrity also known as Moral Rights.

For more information please read the following: http://www.artslaw.com.au/info-sheets/info-sheet/moral-rights/

General rule & Information on Copyright Infringement:

The use of another’s copyright material without the copyright owner’s consent amounts to a copyright infringement if:

  • there is an unauthorised use of a substantial part of the work; and
  • an exception permitting the use does not apply.

“Substantial part” means a vital or important part of the copyright material, based on the quality rather than the quantity of copyright material used. It is assessed by reference to the copyright material allegedly used, not the new work.

Exceptions

The use of a substantial part of another’s copyright material without the copyright owner’s consent is allowed in limited situations such as:

  • fair dealing purposes. Fair dealing purposes include research or study, criticism or review, parody or satire as well as reporting the news;
    incidental use in film and television broadcast; and
  • certain uses of artwork (eg. sculptures that are permanently in place in a public space).

I do not make free art. The only exception may be for Charity, my family and definitely me! I may however barter or trade, just ask me (be reasonable, I won’t trade a hamburger for a painting. I may trade for 10 hamburgers though!)

If you want some more information on commissioning artists, this is a great article.

Let’s get started, Click here to commission your own unique artwork.