Terms

terms of service
Once the first payment has been made on a commission it is implied that you (hereafter referred to as 'customer' or 'client') have read and agreed to these terms and conditions. Please be sure to read thoroughly before sending any payment, and ask for clarification by me (hereafter referred to as 'the artist') if anything is unclear.

GENERAL TERMS

Final draft files will be sent to the customer by the agreed upon, predetermined deadline via email, provided full payment has been rendered to the artist for their services.
Purchases sent through this website must be paid upfront in full.
Purchases through Venmo and Zelle may be paid upfront in full OR split 50% upfront and 50% to receive the final drafts after the artist has sent watermarked proof image(s).
If a payment plan was set up through PayPal invoice the customer will receive final drafts ONLY when the balance is paid in full.
Failure to pay invoice in full by due date will result in art piece(s) being withheld until the entire payment is received.
Because this is a made to order service, once the final art piece(s) have been drawn, payment is non-refundable.
In the event that work needs to be postponed due to extreme family/health emergency, the customer will be contacted as soon as possible by the artist (or a family member if the artist is hospitalized).
If the artist is ever hospitalized the customer can choose to:
- receive a full refund and no artwork
- be sent a partial refund and whatever artwork was finished prior to hospitalization
- wait for artist recovery and receive the finished piece at a later date
The artist reserves the right to draw things in their own style and own way.
Customers often have picture examples of the work they want done. The artist will try to meet the overall vision as closely as possible, but will never make a carbon copy of someone else's art for the customer.
Please do not disregard the artist's advice to alter pose/layout, color schemes, or general imagery to avoid infringing on the rights of existing brands and designers; such advice is given to protect both the customer and the artist from punishment by law.
The artist keeps record of all correspondence in the event of disputes, especially in the event of legal action. Bear this in mind when choosing to follow or disregard these policies.

REVISIONS OF ARTWORK

THREE minor revisions or additions can be made to the final draft free of charge.
Any major revisions or additions within the artist's ability can be made at extra cost.
Acceptable free revisions/minor changes include:
- small color (HSV) changes
- reasonable resizing of image
- small background adjustments/additions
- detail changes/additions (expression, accessories, etc.)
- slight limb or body adjustments
Unacceptable free revisions/major changes include:
- changing the final piece to an entirely different style
- drawing a completely new background
- changing a pose to one that needs to be redrawn from scratch
- adding characters, creatures or objects that were not initially paid for
- adding inappropriate or lewd elements that were not agreed upon in the initial consult
The customer should be VERY specific with revision and addition descriptions since there is an hourly charge for any revisions after the initial three. Please make the free ones count!

CANCELLATIONS & REFUNDS

There are many opportunities to cancel/be refunded before the final draft process begins, if needed.
If the customer dislikes something about the artwork upon receiving a rough draft and would rather go in another direction, either:
- Inform the artist to fix the issue if it is within their power/ability, before they begin the final draft.
- Initiate a cancellation ASAP if it turns out the artist was not the right fit for your project. It will not be taken personally and it saves everyone valuable time!
Cancellations will be accepted either before the rough draft is started or anytime after the rough draft is sent, as long as it's BEFORE work on final draft is started.
Any previous payments, minus the fee for the initial project consultation time/prep work, will be refunded.
- The Consultation Fee is for the time the artist spent on email correspondence, reference gathering, and preliminary sketches before even starting on the official artwork. It is 25% of the total bill and calculated as follows:
- Total price x .25 = amount withheld. More funds will be withheld if a large amount of rough draft work has already been completed.
Do NOT give clearance for final draft work to proceed until you are satisfied with the rough draft(s)/proofs. Once work on the final piece begins, that is the "Point of No Return".
Cancellation requests will not be accepted and refunds will not be given past the "Point of No Return" since much of the fine detail work for the final draft has either already been started or is already complete.
In extreme cases the artist has the right to cancel an order without refund for reasons including (but not limited to) harassment, unreasonable or inappropriate demands, abrupt change of deadline or art requirements without any prior discussion, threats of any kind, misrepresentation of use, and fraud.
If the customer ever insists on copying someone's existing artwork and refuses to compromise, the artist reserves the right to cancel the customer's order with or without refund depending on the amount of preliminary work already finished.

RIGHTS & OWNERSHIP

The artist owns the rights to all original artwork that the artist has created.
Rights ownership does NOT mean the artist owns the customer's character, brand imagery, or idea.
Rights ownership DOES mean the artist owns the artwork they created since it is their visual rendition of the subject matter not the customer's.
The customer may buy the sole rights to a commissioned image from the artist by doing the following:
- Contact the artist via business email
- State the intended usage for the image
- If the image is for sale and the intended use is acceptable, a buy out price will be negotiated.
Unless otherwise specified, the total price a customer pays for their commission covers the artist's work time and expertise ONLY.
The sole, indefinite rights to an image are NOT included with purchase unless that was specifically negotiated and agreed upon in writing. This is mainly a concern for the Business Commission category only.
In rare cases individual customers may be starting a brand and no longer want the artist to use Standard/Premium Commission images for any reason (portfolio/gallery, price list, etc.); the only way a customer can legally obtain the image for sole use is by buying the rights from the artist.
Keep the information from this 'Rights & Ownership' section in mind when choosing between the Standard, Premium, or Business Commission category. The artist will ONLY open rights negotiations if the customer selected the Business category.
It is the customer's responsibility to open negotiations for sole rights if they did NOT select the 'Business Commission' option initially.
For small business apparel/merch shops who commission custom designs but CANNOT afford sole rights:
- The artist offers a 'No-Sale Guarantee' for ONE YEAR (free of charge) on designs for small businesses who cannot afford a sole rights purchase.
- If no third party makes an offer for the design(s) after the first year, the client does not need to take any action. The design(s) will remain exclusive up until a third party expresses interest in purchasing a license for the design(s).
- If a third party does makes an offer on the design(s), then the artist will contact and ask if the original client would like to buy a 'No-Sale Contract' to keep the design(s) exclusive.
- The client may purchase 'No-Sale Contract' annually for $50-$100 (depending on quantity of files) for the design(s) in question.
- The client may continue to pay this low annual fee for as long as they want to keep that 'limited edition/limited run' design exclusive.
- This is essentially a method of renting sole rights yearly, rather than paying hundreds or thousands for sole rights up front.
- It is the client's responsibility to contact the artist for renewal of their 'No-Sale Contract'.
- If the client does not purchase a 'No-Sale Contract' OR if the contract period lapses, the artist may sell the file(s) to any third party who makes an offer to purchase the design(s).

USAGE OF ARTWORK

Unless otherwise specified/agreed upon by the artist, ALL artwork purchased at the Standard/Premium level is for personal use and personal display, or public display with attribution (artist credit).
Business level commissions may be used by the client ONLY in the manner agreed upon during the initial email consultation.
The artist may display ANY artwork they have done (including commissions) as work examples in the gallery and service pages on this website, but will always take measures to be respectful of privacy and protect the customer's business-level pieces with a large watermark.
The artist will not share a customer's portraiture or memorial artwork on social media due to the personal nature of that type of work, unless it was for the artist's own close friends/family members or they were given express consent by the customer.
Unauthorized display, reproduction, sale, or distribution of artwork will be considered theft and shall be met with legal action.
Authorized display, reproduction, sale, or distribution of artwork that was agreed upon during consultation, is acceptable for final draft(s) only. Rough drafts are solely for the customer's reference and may NOT be used, shared, or displayed.
If the customer would like to display, reproduce, sell, or distribute artwork that was originally purchased for personal use, this must be discussed in writing via direct message or business email to negotiate terms of sale and apply any retail use fees, compensatory payments, or royalty agreements.
Except for resizing, the customer may not alter, add, or remove any part of the artwork without express permission from the artist. Such changes could cause the piece to be a misrepresentation of the artist's work and must be discussed first.
Outside of the specific circumstances defined in these terms, the artist does not give permission for any of their art to be redistributed/reposted/reuploaded by others on any websites, applications, social accounts, or financial platforms including, but not limited to, cryptocurrency, NFT, or blockchain related platforms.
The artist does not give permission for any of their artwork to be used, scraped, sampled, scanned, or otherwise used for training AI, nor can their artwork be used as a base image for other AI functions including, but not limited to, editing, upscaling, or rendering.
Unauthorized, unlicensed, unpermitted usage will be considered theft/violation of copyright and shall be met with legal action.

These terms and conditions were written by the artist, Arianna Addison, and cover situations they either personally experienced or thought relevant to cover. Most situations will not apply to the average customer, and were only added to inform and protect from a few negative outliers. These policies are subject to change based on new experiences or changes in legislation relevant to creatives and intellectual property. Even if you have commissioned the artist before, always check the terms for any additions when submitting a new request.

PROCEED TO COMMISSIONS