Terms of Service / Disclaimers
Terms of Service
Delivery Timing
Late Delivery - ALL attempts will be made to complete the artwork by the above listed date but in the case of unforeseen
circumstances, the customer will be notified of any delays within 72 hours of the due date or as soon as a delay is caused.
Customer will be reimbursed (or discounted) 20% of the price if it is not delivered on time and reimbursed (or discounted) IN FULL if it is not completed within 3 weeks of the originally promised due date. In both cases, customer will still receive the artwork in addition to the discount, provided sufficient evidence to the claim. *This disclaimer only exists for extreme circumstances, artwork is nearly always delivered on time.
Commission Build Materials
Physical Prop - 3D prints (PLA) / EVA foam, paints, and support structures (wood / metal)
Masks - 3D prints (ABS/PETG/PLA), paints, and any requested accessories or details
Accessories - Fabric, 3D prints, wood, EVA foam, and any other suitable materials
Cosplays - Depends on the what the commission calls for (negotiable on what materials you would like)
Details of the Artwork
Reference Photo(s): Quality reference photos matter and make a huge difference in the end product
of portraits. It also helps to have multiple reference photos for the best capture.
The Customer confirms that provided reference photos are of the best quality available, well lit and without significant obstruction such as graininess or blurriness. If the supplied photos do not meet these qualifications, then the insufficiency will be noted below and the customer understands that it may heavily impact the success of the artwork as far as subject recognizability.
Right to Refusal
The Customer retains the right to not purchase commissioned artwork at anytime. Please note that any money already paid before refusal, will not be refunded to the Customer under these circumstances. This statement relieves The Artist of being indebted to Customer if this occurs.
Upon Completion
Approval: The Artist will supply images of the completed work for the Customer’s approval. If the Customer has not paid in full then the product will not be packaged or shipped and may be subjected to resale once 2 weeks has been exceeded past the initial completion.
Revisions: Satisfying the customer is of utmost importance but there ARE limits to what will be altered at the request of the customer. The Artist will only make revisions that are within the confines of existing style and that do not clash with the mission or vision of the artist. This is for the intent of staying committed to business purpose and brand.
One (1) round of revisions are offered free of charge. After that there is a flat rate of $20 for each subsequent revision.
The Customer will be notified of a new completion date at the request of any revisions.
Copyright
Requested Design: If the design of a character or prop/accessories is under copyright protection, physical replication is possible under the fair use policy as long as it is for themselves, as a means of self-expression and devotion. If found to exceed these conditions, a refusal to the work will be instated or a potential lawsuit can be perused.
Artist retains all copyright of the produced artwork. Ultimately this means that the customer has permission to share the work publicly and use it on display for private use but any reproduction of the work, especially reproductions that will be used for profit or commercial uses, is strictly prohibited unless approved by the artist in writing. Failing to do so is a crime and may result in legal action.
Sharing
Social media sharing and other public sharing of artwork are vital for marketing purposes of the Artist. This includes, but is not limited to, artwork potentially being displayed on artist’s Facebook, Instagram, Twitter/X, website, studio, brochures, web and print advertisements and business documents.
The Customer consents to completed work, as well as reference photos, being used for these purposes.
If there are things that the customer does not consent to being used this way, then they are as follows
(This may result in a higher price as it ultimately hurts the Artist’s ability to advertise business
representatively):Marketing Exception Fee (if applicable):
Customer Privacy: The Artist will agree to hold off on the sharing of artwork if that is necessary
for the plans of the customer (such as birthday gifts, usage for an event etc). Date and time will be agreed upon prior to shipment.Giving Credit: When sharing work publicly, either online or in person, the Customer agrees to give
the Artist credit though clear and visible labeling, tagging or verbal acknowledgement. Obstruction or concealment of the signature is prohibited.Delivery for PHYSICAL Art: Delivery anywhere within the United States will be provided as a
delivery fee with a given postal courier of choice by the Artist, else a specific carrier may be specified but at full courier rates. Anywhere outside the United States will require international shipping and will be negotiated prior to signing of this agreement. All import and service fees will be relayed on to the Customer, this can get pricey.Insurance: If getting artwork shipped, please note that The Artist is not responsible for any possible
damage incurred during shipment. We will pack artwork with the finest packing procedures
for fragile materials and label the package “Fragile” but this does not guarantee damage free delivery. Shipping Insurance can be purchased by the customer ahead of time.Extra Fees: Applicable Delivery Fee, Shipping Fee, Governmental (Customs, Sales, Service) taxes or Shipping Insurance Cost (if desired) will be relayed to the customer when notice as taken place.
Delivery for DIGITAL Art: Files will be uploaded to a Network Accessible folder or via Direct
Messages. A link will be sent to the customer for access to this folder. Anybody that receives this link
will have access. The Artist will leave the such folder available for 3 weeks after completion, unless
otherwise requested, so it is vital that the Customer downloads the files to a secure location as soon as possible.Resending of Digital Art: If the Customer requires the files be sent again, the Artist will require a
$10 fee. Full rendering, downloading and uploading may be required again which takes significant time and storage fees may apply for access. This fee can be avoided if the Customer manages
to remind the Artist to extend the hold on removing the folder before it is removed at the 3 week point.
Disclaimer
Service: The information contained on the Service is for general information purposes only. The Company assumes no responsibility for errors or omissions in the contents of the Service. In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice. The Company does not warrant that the Service is free of viruses or other harmful components.
External Links: The Service may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company. Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
Use At Your Own Risk: All information in the Service is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Service or for any consequential, special or similar damages, even if advised of the possibility of such damages.