Hello, thanks for considering me for your illustrations!
To protect both of us -you (the client) and me (the illustrator) – during the commission process, here are some of my terms. Detailed terms are Further Below or will be expanded upon in your contract.
Here’s the TL;DR of the Terms:
- No gore, vore, torture, furry (convince me tho), or such please.
- All Commissions are for Personal Use Only, although you can buy commercial rights or purchase the works outright.
- Unless you purchase the rights to the picture, I retain all rights.
- I cannot guarantee commissions will generate profit, sales, recognition, etc.
- Payments are due 50% up front for the rough sketch/draft. The remaining is due upon completion. If your work is large or complex, then payments are due 100% up front.
- Revisions may only be made before final rendering in the rough draft stage.
- I will keep your information confidential. This includes references you may send me.
- I reserve the right to cancel the commission at any time if I deem it out of scope. You are responsible for costs.
- These terms and Conditions May Change, Please Check your Contract for final details.
PLEASE read these FAQS from the US government and Legalzoom about commission rights.
https://www.copyright.gov/engage/visual-artists
https://www.legalzoom.com/articles/how-to-copyright-artwork
Here is a More Detailed list of Terms and Conditions (The full contract will be sent upon Commission Acceptance).
1. Payment. Commissions require 50% up-front. The remaining 50% at approval of the rough sketch. Payments are non refundable.
2. Schedule. Schedules are as posted in each commission, however, some commissions will take longer as a result of complexity or revisions.
3. Revisions. Revisions may only be made before approval of the rough sketch. No revisions made after approval of the rough sketch. I will make up to two revisions prior to approval of the rough sketch. Costs for extra revisions will be determined in the commission contract.
4. Confidentiality. it may be necessary for you (the client) to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to me (the Illustrator) in order for me to complete the Illustration services and commission(s) in their final form. I will not share any of this proprietary information at any time.
5. Termination. The commission may be terminated at any time by me (the illustrator). Clients are responsible for any costs.
6. Ownership Rights. I (the illustrator) retain the right to reproduce the Illustration Deliverables for any form of marketing, future publications, competitions or other promotional uses. Illustrator retains the right to use and adapt the image for commercial use, while providing credit to client.
You (the client) will have the rights to use the commission’s deliverables for anything non-commercial.
I cannot give you rights to commissions without a commercial contract because your commission may contain copyrights, intellectual property, or anything else, which prevent the deliverables from being used commercially.
An example, though not limited to this example, would be requesting an emote under fair use – such as a character from a popular anime or television show.
7. While I will do my best to customize your commission, you (client) recognize that Illustrations generally can have a common structure and basis. Illustrator (me) continues to own any and all template designs it may have created prior. I will further own any template designs I may create as a result of your commission.
8. I cannot guarantee any commission will generate you profits, sales, brand recognition, or anything of the like.
9, You (the client) guarantee that you have the rights to use any proprietary information, copyrights, intellectual property, or anything else, that you provide to me and that I can use this information in the commission’s deliverables.
10. If you wish to buy complete rights to a commission for commercial use or otherwise, then I have a contract template we can work with to meet both of our needs (similar to the terms here, but expanded). A commercial contract is needed mainly for the illustrated book covers, t-shirts, logo design, etc.
