COMMISSIONS TOS


This document is subject to change at any time. Last updated May 22nd, 2021.

By commissioning me (henceforth referred to as "the artist", "SCUMSUCK", or "SKUMSUCK") , you (henceforth referred to as "the commissioner" or "the client") agree to the terms and conditions stated within this document. The commission discussed within this document is for personal use only, and does not come with a commercial use license.

1) SERVICE:

A commission includes a digital 300 DPI png or jpg file of the art, unless otherwise stated. This will be delivered via an email or Google Drive folder.

If the art is drawn in traditional format (such as pen and ink), the client may request that the artist deliver the original physical piece via USPS shipping. This may incur an additional mailing fee on top of the commission price.

Layered files (such as PSDs) are not included, unless otherwise stated.

Commission requests will typically be responded to within 1-3 days.

Commissions may take anywhere from 3-21 days for smaller commissions under $100, up to several months for larger pieces over $100 (such as paintings). Please message the artist for current, up-to-date time estimates.

The commissioner may expedite the ordering process by responding quickly to questions, and providing feedback and approval on a timely basis.

2) RIGHTS:

The artist retains all rights to all drawings I draw for private commissions, which means the artist may reproduce their art online, repost on social media, or sell prints and books depicting the art.

The commissioner retains their rights to their intellectual property and characters. I will not sell art (such as prints, stickers) featuring other people's characters without their explicit consent. If the commissioner does not wish for the commission to be posted publicly online, or they wish to remain anonymous when the commission is posted, they must alert the artist before the commission is completely approved.

The commissioner may repost a commission online if they credit me as the artist (@skumsuck on social media, or by linking to my webpage at scumsuck.com), and they may reproduce my art in print form for personal use. The commissioner may make minor edits to the art, such as resizing or changing small details.

The commissioner not reproduce my personal commission art for commercial sale purposes without purchasing commercial usage rights. Commercial use includes (but is not limited to) selling physical/digital copies of my art, turning the art into an NFT, or selling the art as mass-produced merchandise. "Mass-produced" is defined as more than one (1) piece of merchandise that goes beyond personal use, such as selling stickers, shirts, and other items. The commmissioner may not resell the original artwork for a higher price.

Commercial usage rights must be discussed with the artist before the art is used for such purposes.

3) PAYMENT, CANCELLATIONS, AND REFUNDS.

Payment is due upfront before I start work on a commission. Any commission that costs $50 or under must be paid in full before work is started.

Payment plans may be discussed for commissions that cost over $50. The artist and client will agree on a payment plan before work is started.

All payments are invoiced via Square invoice, unless otherwise discussed by the client and artist. Invoices are sent once the artist and client have agreed to a price quote, and the client has provided an email address.

The artist may cancel a commission for any reason, before or during the drawing process. In the case that the artist cancels the commission, the commissioner is entitled to a 100% refund. If the commissioner cancels the commission, they may receive a refund based on the progress of the art: Before sketch: 100% refund After sketch approval: 50% refund Inks started: 25% refund Colors started: 0% refund

4) REVISIONS

The artist works by a sketch approval process, and as such will not make major revisions to art past the sketch phase once the client has approved the sketch. Major revisions include re-drawing a pose, changing characters, or drawing additional characters. If the client requires major revisions and does not wish to purchase a separate commission, additional fees may occur depending on the complexity of the revision.

The commissioner is entitled to up to three (3) minor revisions during the sketch phase of a commission that has a sketch phase. After the sketch phase, the commissioner may ask for up to three (3) minor revisions cumulative during any part of the process. Minor revisions include adding small props or character details, slightly changing positions of the character, small adjustments to the pose such as arm, leg, or head placement, making color adjustments to small areas, or overall altering the color tone or brightness of the entire piece.

5) WILL NOT DRAW

The artist retains the right to decline any commission proposal for any reason. The artist is not required to explain a proposal rejection.

The commissioner must be over 18 in order to request and receive a commission. By requesting a commission, the commissioner is entering an agreement that they are indeed over the age of 18.

Commissioners that lie about their age will be blacklisted from future commissions, and have their purchase refunded if the art process has not begun. There are no refunds for commissions that have been completed.

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