Updated Saturday, September 21st 2024 at 9:50 p.m.

What is this page?

This information is for those starting the commission process—thank you for your interest! This page will give clarity to how you are protected as a customer, how I protect my intellectual property as an artist, and what you should expect when hiring me to create a piece of artwork for you. My terms of service for art commissions are clear and straightforward. An injunction may be sought against any client who fails to adhere to the terms of service. If you're honest and genuinely interested in my work, I’m confident this process will be enjoyable for both of us.

The following terms of service inclue: 

I. Timeframe

II. Adjustments 

III. Payments

IV. Refunds

V. Price Calculations 

VI. Ownership/Useage Rights 

VII. Dispute Resolutions 

VIII. Transportation Liability 

IX. Copyright Policy 

X. Prohibited Usage

I. Timeframe

Once a contract is signed, the timeline begins. Dependent on your chosen medium and level of detail desired, this process can range between 30 hours to 25 days. I will honor the set time frame we agree upon and your work may be completed even sooner dependent on the secondary progress photo. Within that timespan the default level of updates is:

1. Preliminary sketch (applicable for all timelines)

2. Progress and updated timeline (only for 100+hours)

3. Progress and suggested edits (only for 2wk+)

4. Finished Product (applicable for all timelines)

The amount of updates is weighted with the level of time committed to your artwork. My artstic process is atypical and I am typically not satisfied with the intended outcome until Update 3.

II. Adjustments

The amount of edits and suggestions made is entirely up to you. This is a liberty most artists do not set; this is due to my intention to get a clear sense of your artistic direction in the preliminary process. This looks like:

• Completing the commission survey to fullest extent possible

• Providing a clear reference photo

• Inspiration photos

• Hex/RGB codes for exact colors

• Be honest

This should clear up all discrepancies in regards to my understanding of your vision. The more detail you put in on your end, the more aligned the artwork will be with your vision. Once the number of adjustments/edits/suggestions are more than 2, this adds to my time and a new price will be set, along with a mutually agreed upon contract that reflects the updated adjustments. Deadlines are acceptable with ample time in respect to the level of intricacy your commission is. I typically recquire a week and a half before deadline so we can make adjustments.

1. Gentle reminders every now and then are acceptable.

2. Adding items or background not originally agreed upon will add to the price of your piece.

3. Adjustments must be made in a formal and a detailed manner. Saying “I don’t like it” is not an adjustment. Examples of adjustments are:

• “I’d love to see some adjustments in the character’s expression—maybe a slight smile to convey a more positive vibe?"

• "I like the direction this is going—would you mind considering changing the angle of the lighting to create a warmer atmosphere?"

• “I have some thoughts on how we might refine it further. Could we explore different poses for the character to find one that feels more dynamic?"

At the end of the day, I love to draw and it is exciting for me to understand your ideas and make them come to life. This is a piece of art you are paying for and I want all parties satisfied with the outcome.

III. Payments

All payments are to be made in USD via Paypal, it is the only reliable service. Payments for commission work are simple: half upfront, half upon completion of the work. Choosing this method of payment manages the risk for both the artist and the client. Heres why:

• The upfront deposit shows the your commitment to the commission and reduces the risk of fraud.

• This ensures that I have the adequate funds to begin the project and cover my initial expenses.

• The final payment ensures that you are satisfied with the finished piece before making full payment.

• When commisioning larger or more complex artworks, stakes are higher and the points above make the process stress-free.

Money is the motive, but building a credible professional relationship with my clients is extremely important. The 50/50 payment philosophy ultimately is a safety net for both parties; as a client you can be assured that the final payment upon delivery and your satisfaction motivates me to finish the project.

Note: Tips are appreciated, but not necessary!

IV. Refunds

All refund requests will be honored within the 24 hour mark. You will not receive your artwork. This will be sent to your original method of payment (via Paypal) and I will provide evidence (screenshots, bank transfers) that the refund has been submitted. Allow me 24 hours to review refund requests. Again, if you sent this request before 24 hour mark the refund will not be impacted. Please allow for Paypal to process this payment within 5-7 business days before opening a dispute.

I typically start your artwork well within 15 hours of signing a contract, but a 24 hour period is traditional in all transactions and I understand life happens.

Past 24 hours I will apply a “kill fee” to your original upfront payment. A kill fee is a mandatory fee when the project is cancelled midway. Kill fees can be 50 – 100% of the project cost, depending on how soon your project is canceled. Kill fees are estimated by: estimated hours to completion x hourly rate. The estimated hours, hourly rate, material expenses can be found in your contract.

Keep in mind that the hours committed to the project does not equate to the hours committed to the commission. Writing your contract, reviewing it with legal counsel, and acquiring materials is all time unlogged.

You will not recieve any artwork since you agreed you understood my terms of service and agreed on a contract for a completion of artwork. The portion of payment I keep allows for fair compensation for work hours completed and you will recieve a portion of money back for services not rendered dependent on when the project was killed. Please review your contract thoroughly before signing. It’s important to avoid any misunderstandings that could waste both our time and resources.

Refunds may be given if I am unable to complete your commission for any given reason, like an alien invasion.

V. Price Calculations

Price of artwork is calculated on a number of variables:

1. Time​ – Number of hours committed to the project.

   If you pay me $240 for an illustration that took 30 hours to make, this means I am being paid $10/hr, not including the variables below. $14 is the minimum wage law in Illinois, where I am located.

2. Size​ – Larger pieces require more paint and materials. I offer a digital print of any analog artwork to avoid additional costs of shipping and handling. Under each subsection I disclose all materials used in order to create each piece so you can directly find the products’ cost.

3. Skill Required​ – Portraits and figurative art generally require more skill than landscapes, so they are priced higher. The more complex a composition or finer details a piece includes, the harder it is to execute.

4. Margin Price and Gross Margin – My pricing structure includes a margin that ensures I can continue to create and thrive as an artist. It’s important for me to balance both the artistic value and my need to support myself through my art. A commissioned piece that does not contribute to my portfolio will ultimately lower my gross margin as it will not provide incentive for future commissions. Your vision is important to me but might not align with my usual style. Keep in mind that while I value your ideas, the final piece may not contribute to my portfolio and will primarily be a labor of love.

VI. Ownership/Useage Rights

Ownership is defaulted to copyright laws in the United States. In the U.S., when an artist creates a piece of artwork, they automatically hold the copyright unless they transfer those rights through a contract. I maintain my copyright and lisencing rights after the sale has been made. This means I have exclusive rights to reproduce, distribute, and display the work. However, I am a reasonable artist, and if you specify to keep a portrait of a child private, I will respect your wishes and will not reproduce, distribute, or display the work.

Your personal use includes and is limited to: You are allowed to display the artwork in their home or use it for personal projects so long as it does not violate prohibited usage below. Commercial use may be negotiated so long as it is honestly disclosed and stated in the contract. If you intend to use the artwork for commercial purposes (e.g., in advertising, merchandise), this will require an additional fee which includes the a percentage of the profits generated.

VII. Dispute Resolution

Combine vision and money, and you inevitably get passion. I invite all my clients to meetings via Microsoft Teams and Google Meet to directly resolve any issues that arise. If we do not have a scheduled meeting, my open hours exclusively for clients are 9AM-11AM (CT). Negotiations and misunderstandings will be discussed fairly and efficiently. This is an informal resolution that I implore all of my clients to meet me halfway on.

If the first step is unsuccessful, the following is welcome for a cordial agreement:

1. Mediation – If the informal discussion does not lead to a resolution, the next step is mediation. We will find a mutually suitable mediator with experience in the art industry and creative disputes via the American Arbitration Association (AAA) or the Association for Conflict Resolution (ACR). View more here.

   Cost, timeframe, and time frame is completely subjective due to our current work schedules and lives.

2. Arbitration – This is a more formal process where a neutral arbitrator is chosen and both sides are lawfully considered without going to court. The arbitrator will design an agreement which is legally binding for both parties

3. Governing Law – Clarification on which jurisdiction's laws will govern the agreement. This is particularly important for resolving disputes, as laws can vary significantly by location.

Your Limitations: Legal action must be initiated within a reasonable time after the dispute arises. Revised adjustments made during Section II of the Terms Of Service are logged and converstations are recorded. Filing a claim means you have agreed to the aformentioned steps in their designated order:

1. Informal Mediation

2. Mediation

3. Arbitration.

A confidentiality clause will be signed at Step 1 of mediation. All discussions and resolutions that occur during the dispute resolution process remain confidential. The confidentiality clause will protect both parties’ reputations and any sensitive information shared during the process.

Cost and fees will be shared equally between both parties for the duration of Section VII. so long as both are committed to the original contract.

Final Decision: A final statement will indicate any decision made through processes listed in Section VII. Arbitration is final and binding on both parties, limiting further legal recourse.

VIII. Transportation Liability

This section is in regards to clients who are interested in a physical copy, print, or original piece of artwork commissioned. If you are recieving your artwork digitally, our mutual contract ensures the arrival of your digital art.

The following steps are taken to ensure your commissioned physical copy, print, or original piece of artwork is secure during transit:

1. Client will recieve comprehensive photos that reflect the condition of the artwork before it is shipped.

2. DHL, Fedex, and GD-EMS (international) is a reliable shipping carrier for artwork as opposed to USPS, UPS, etc. Choice of carrier is negotiable as long as the client accepts the price.

3. All artwork will be packaged securely to minimize the risk of damage during transit. Five photos will be sent to the client:

   1. Artwork upon completion, placed in packaging illustrating measures to secure artwork

   2. Packaging fully encapsulated in parcel

   3. Sealed parcel at post-office with shipment details and evaluation

   4. Screen captures of progress made by carrier sender

   5. Confirmation photo sent by carrier sent to artist and client

4. Your artwork will have its value declared upon shipment.

5. For artwork valued at $2,000 or more, the piece will be insured. This insurance includes transit, display, etc. We will mutually collaborate with your insurance agent to ensure that your policy includes appropriate coverage for works of art.

It is important to note that states and countries have specific laws regarding shipping and liability. This is why full disclosure of your location is necessary to keep us both protected. I must be aware and educate myself of the local regulations in your state or country that might affect my responsibilities.

IX. Copyright Policy

All work will be submitted to the U.S. Copyright Office through a government-registered e-service specifically designed for artwork. This process ensures that your commissioned piece is officially registered, providing legal protection and recognition of copyright ownership. Once I have registerd the artwork, a public record has been established that can help safeguard against unauthorized use and infringement. This not only enhances the value of the work but also reinforces your rights as a client and mine as the artist. If you have any questions about this registration please feel free to ask! To purchase copyright, lisencing, or useage, please email me.

X. Prohibited Usage

1. Taking credit for my artwork / claiming as your own

2. Using my artwork for commercially (making money off of it by any means)

3. Having another artist edit/alter/draw/paint/etc. over the artwork

4. Trace the artwork or replicate the artwork

5. Using or implicating the artwork in any illegal activity or juxtapoze it with images of an illegal activity/illegal nature.

6. Removing or purposefully cropping out my watermarks/signature

7. Editing/altering the artwork itself