Terms of Service
The Terms of Service herein are agreed upon by the COMMISSIONING PARTY and
THE ARTIST prior to the initiating of the requested COMMISSIONED WORK(S) from
THE ARTIST.Any individual and/or group requesting COMMISSIONED WORK(S)
herein are referred to as the “COMMISSIONING PARTY” and Sarah Wright and all
associated titles and usernames are hereby referred to as “THE ARTIST” throughout
the course of the commission and for the life of the COMMISSIONED WORK(S).
COMMISSIONED WORK(S) will be defined as any requested, agreed upon, and
accepted creative work done by THE ARTIST for the COMMISSIONING PARTY and
includes sketches, renderings, illustrations, 3d models, drawings, designs, and all other
services provided by THE ARTIST.
The COMMISSIONING PARTY and THE ARTIST are bound by the terms outlined
below:
a. All COMMISSIONED WORK(S) will include a signature or identifying
mark by THE ARTIST that may not be removed by the COMMISSIONING
PARTY or any other group or individual other than THE ARTIST.b. THE ARTIST, will maintain the right to post recorded footage of the artistic
process in the development of the COMMISSIONED WORK(S) onto
social platforms or stream live footage of the process of the
COMMISSIONED WORK(S) unless otherwise agreed to prior to starting
the COMMISSIONED WORK(S).c. THE ARTIST, reserves the right to provide the COMMISSIONING PARTY
a change of work order as needed to complete the COMMISSIONED
WORK(S) at the discretion of THE ARTIST.d. THE ARTIST holds the right to reject any change of work order by the
COMMISSIONING PARTY THE ARTIST feels is not in the best interest of
the COMMISSIONED WORK(S).e. At THE ARTIST’s Discretion, they may require that the COMMISSIONING
PARTY submit a signed contract drafted by THE ARTIST for
COMMISSIONED WORK(S) that exceeds a considerable estimated cost.f. By Executing the terms of service agreement the COMMISSIONING
PARTY hereby certifies that they are of legal age in their place of
residence and has the ability to understand the TERMS OF SERVICE
herein.
i. Any payment made by a third party that is imitating or under-age
for the services provided is the liability of the parent or guardian of
that individual. THE ARTIST, shares no liability for identity theft or
imitation.
a. All payments will be processed through Paypal in which the
COMMISSIONING PARTY will receive an invoice or request for payment
from THE ARTIST at each phase of payment.b. The COMMISSIONING PARTY agrees to pay a minimum deposit of 50%
or more of the estimated total cost for the COMMISSIONED WORK(S) as
pursuant to the terms hereinbefore the COMMISSIONED WORK(S)
begins.
i. THE ARTIST may request that the COMMISSIONING PARTY pay
the full-estimated cost before the COMMISSIONED WORK(S)
begin if the estimated cost is deemed below a price threshold
established by THE ARTIST.c. The COMMISSIONING PARTY is expected to fulfill payments in a timely
manner, no more than 14 days from the date of the invoice to the
COMMISSIONING PARTY from THE ARTIST. With the exception of the
first Deposit Payment, if applicable, which must be completed within 5
business days of the date on the initial invoice from THE ARTIST.
i. Upon failure to fulfill payments the COMMISSIONING PARTY
agrees to forfeit their COMMISSIONED WORK(S) and its
progress;
ii. If the COMMISSIONED WORK(S) are declared forfeited, then any
and all payments received for work completed on the
COMMISSIONED WORK(S) will be forfeited;
iii. If the COMMISSIONING PARTY fails to pay the deposit within 5
days after the date on the initial invoice, they agree to forfeit THE
ARTIST’s reserved time slot and will be removed from THE
ARTIST’s COMMISSIONED WORK(S) Queue;
iv. THE ARTIST maintains the right to stop, postpone, or abandon
progress on the COMMISSIONED WORK(S) if the
COMMISSIONING PARTY fails to fulfill the obligations of THE
TERMS OF SERVICE herein; and
v. The COMMISSIONING PARTY must complete final payment
before the COMMISSIONED WORK(S) are released to the
COMMISSIONING PARTY.
a. THE ARTIST will send thumbnails and progress images to the
COMMISSIONING PARTY throughout the process and will not continue
working until the COMMISSIONING PARTY has signed off with written
approval of the progress. If the COMMISSIONING PARTY has revisions
that exceed a certain amount of time at any stage of progress of the
COMMISSIONING WORK(S) the COMMISSIONING PARTY will be
subject to an up-charge at THE ARTIST’s discretion pursuant to
Paragraph 4b below.b. The number of reviews will be determined by the complexity of the work
and revisions:
i. Typically the reviews will consist of a thumbnail/compositional
stage, a finished sketch, and the color planning, before
progressing to the final stage, but may differ depending on the
type and scope of the COMMISSIONED WORK(S).c. The progress images will have a much lower resolution than the finished
work and THE ARTIST maintains a right to include a watermark on the
draft progress images sent to the COMMISSIONING PARTY.d. THE ARTIST maintains an obligation to communicate with the
COMMISSIONING PARTY on estimated completion dates as well as
delays in progress that may exceed the expected deadlines.
e. Upon the completion of the COMMISSIONED WORK(S), and the
COMMISSIONING PARTY’s fulfillment of the final payment obligations,
the COMMISSIONING PARTY will receive a Full Resolution file of the
completed work.
i. If another file type or resolution is needed, the COMMISSIONING
PARTY can add an addendum to the TERMS OF SERVICE with
THE ARTIST and THE ARTIST can agree or deny this request at
their discretion. (Example: THE ARTIST may deny the
COMMISSIONING PARTY access to the working file outside of
certain conditions)
ii. The COMMISSIONING PARTY Understands and Agrees to
receiving a digital product with no physical component. The
COMMISSIONING PARTY has the right to add an addendum to
the TERMS OF SERVICE to have a physical print made and sent
on demand by THE ARTIST, but the COMMISSIONING PARTY
understands they may be subject to additional fees and charges
involved in the process of making and shipping physical goods.
a. THE ARTIST, holds the right to add additional fees for substantial
revisions that exceed the initial estimated price of the COMMISSIONED
WORK(S) unless otherwise agreed herein with the COMMISSIONING
PARTY.
i. Prior to the up-charge The COMMISSIONING PARTY will be
notified and this TERMS OF SERVICE will have an addendum
between the COMMISSIONING PARTY and THE ARTIST; for
example: Changing a character’s eyes from green to blue on a
finished work would generally require no charge. Changing a
character from a werewolf to a minotaur during the color planning
stage of the process would warrant an up-charge as it would
require labor that was not included in the initial price estimate.b. The cost for excessive revisions will be invoiced to the COMMISSIONING
PARTY upon the discussed agreements made with THE ARTIST.c. THE ARTIST will require the COMMISSIONING PARTY to have a clear
idea of the desired work to be done. While a reference is not necessary,
the COMMISSIONING PARTY may be subject to additional fees
regarding reviews and revisions if they are unclear, indecisive, or require
additional attention to the design of the COMMISSIONED WORK(S).
a. Sarah Wright (THE ARTIST), claims the rights to the produced
COMMISSIONED WORK(S), not the COMMISSIONING PARTY.
Therefore THE ARTIST maintains the right to use the copyright
COMMISSIONED WORK(S) for:
i. The promotion of THE ARTIST and their work.
ii. Publication/manufacturing in any form (books/zines, prints, web,
etc.) by THE ARTIST for profit or otherwise
iii. Posts/uploads anywhere THE ARTIST sees fit (Website, social
media, Galleries, etc.)
iv. Use by THE ARTIST wherever they see benefit.b. The COMMISSIONING PARTY may:
i. Use the COMMISSIONED WORK(S) for personal use unless
agreed otherwise (upload it on all social media profiles, forums,
etc.).
ii. Use the COMMISSIONED WORK(S) to promote themselves,
however, the COMMISSIONING PARTY and any subsequent
owner of the COMMISSIONED WORK(S) are not allowed to take
credit for THE ARTIST’s work in creating the COMMISSIONED
WORK(S).
iii. Use the COMMISSIONED WORK(S) in monetized videos and on
entertainment platforms associated with the COMMISSIONING
PARTY for the use of promotion, display, or similar purposes as
long as the COMMISSIONED WORK(S) itself is not the main
subject for the earnings. Unless THE ARTIST is being
compensated pursuant to an ADDENDUM to this TERMS OF
SERVICE.
1. This includes the use of the COMMISSIONED WORK(S)
for banners, avatars/icons, profile images, overlays,
panels, alerts, Digital stickers, emojis, etc.c. The COMMISSIONING PARTY may NOT* :
i. Reproduce/use the copyright COMMISSIONED WORK(S)
commercially or in a manner yielding a profit from the
COMMISSIONED WORK(S) themselves at anytime.
ii. Claim the COMMISSIONED WORK(S) as their own at any time.
iii. Remove THE ARTIST’s signature or identifying marks from the
COMMISSIONED WORK(S).
iv. Alter the COMMISSIONED WORK(S) without explicit consent of
THE ARTIST.d. THE ARTIST reserves the full rights to the image and it's use and/or its
distribution unless otherwise agreed upon as an addendum to the TERMS
OF SERVICE.e. Terms for COMMISSIONED WORK(S) will be evaluated and negotiated
on a case-by-case basis prior to starting the COMMISSIONED WORK(S).
* Violation of these terms will be considered an infringement of Copyrights. The COMMISSIONING PARTY is
responsible for such violations and may be subject to actions taken against them by THE ARTIST on behalf of THE
ARTIST’s rights.
a. THE ARTIST, will work to the completion of the COMMISSIONED
WORK(S) to the satisfaction and terms hereto of the TERMS OF
SERVICE for the COMMISSIONING PARTY in regard to the
COMMISSIONED WORK(S).b. THE ARTIST will maintain open communication with the
COMMISSIONING PARTY to find solutions to any problems that may
occur in regards to the finalization of the COMMISSIONED WORK(S).c. Any changes to the TERMS OF SERVICE herein will be agreed upon and
added to the TERMS OF SERVICE as an addendum.d. The COMMISSIONING PARTY can only opt-out of the COMMISSIONED
WORK(s) being made public by written request prior to the start of the
COMMISSIONED WORK(S).
a. The COMMISSIONING PARTY will only receive a refund of their payment
once the COMMISSIONED WORK(S) has begun at the sole discretion of
THE ARTIST. The amount refunded will be evaluated and decided by
THE ARTIST based on the amount of progress made on the work at the
time of cancellation.
i. The COMMISSIONING PARTY will only receive images of work
that has been done already during the progression of the
COMMISSIONED WORK(S). However, any further progress will
not continue after cancellation.
ii. If cancelation has been initiated by the COMMISSIONING PARTY
prior to any progress being made on their work they will receive a
full refund.b. If for any reason THE ARTIST, is unable to start The COMMISSIONING
PARTY’s COMMISSIONED WORK(s) they will receive a full refund.c. If the COMMISSIONING PARTY is in the process of getting refunded,
they are not allowed to request a Paypal chargeback or any similar form
of action on any payment platform being used by THE ARTIST. THE
ARTIST will arrange for the refund to the account associated with the
COMMISSIONING PARTY.d. If the COMMISSIONING PARTY requests a Paypal chargeback or similar
action at any point when a refund was not negotiated and consented to
between both Parties the COMMISSIONING PARTY will lose all
aforementioned rights to the COMMISSIONED WORK(S) and THE
ARTIST will have the full right to profit further from it in any way. THE
ARTIST, will decline the chargeback or similar action and supply Paypal
or the chosen payment platform with a copy of this TERMS OF SERVICE
Agreement. THE ARTIST, having completed work for COMMISSIONING
PARTY. Furthermore, the COMMISSIONING PARTY that has violated
these terms of the service agreement with THE ARTIST, will forfeit their
right to work with THE ARTIST in the future in any capacity.e. If the COMMISSIONING PARTY violates any part of the terms listed
above they will lose all the aforementioned rights to the COMMISSIONED
WORK(S) by THE ARTIST and THE ARTIST will have the right to profit
from the COMMISSIONED WORK(S) in any way THE ARTIST sees fit
unless otherwise discussed with the COMMISSIONING PARTY and, THE
ARTIST.
1. Mockups, Sketches, and in-progress images along with communication and the ability to
provide feedback that will affect the outcome for the finished piece based on your
desires as the COMMISSIONING PARTY.2. This may include but is not limited to:
a. Thumbnails, sketches, value/color planning previews, and similar forms of
previews of COMMISSIONED WORK(S) applicable to the scope of the service
provided by THE ARTIST that requires approval from the COMMISSIONING
PARTY before progressing forward on one of them;
b. Insight and involvement on the progression of the COMMISSIONED WORK(S)
depending on the nature of the project; and
c. The preview image of the finished COMMISSIONED WORK(S) to review before
final payments are arranged.3. Timely and reasonable Communication from THE ARTIST regarding the
COMMISSIONED WORK until the time that the final image is agreed upon and the full
resolution image is agreed upon as and the result of THE ARTIST’s work is sent to the
COMMISSIONED PARTY.4. The digital Full-resolution final Image of the finished COMMISSIONED WORK(S) or the
outcome of THE ARTIST’s labor previously agreed upon between both parties after the
work has been paid in full.
