Terms of Service for Private Commissions
If you have a problem with any of these agreements, they may be changed if discussed with me prior to beginning work for your commissioned piece.
1. GENERAL TERMS
- All drawings will include a signature that may not be removed.
- I have the right to record the process and reserve all rights to the recording.
- Prices are subject to change based on demand.
- I have the right to reject any order that I do not feel comfortable drawing for any reason.
- Payment accepted in USD only and is invoiced through PayPal. Standard credit cards or Paypal transfers are accepted. Cashiers cheques are accepted but delivery is held until the cheque has cleared.
- A Kill Fee of 50% is required to reserve your commission slot. It guarantees that work will commence when your slot in the queue comes to the top. The Kill Fee grants you the right to cease work at any time and keep whatever work product has been delivered to you and you have the right to use it as limited by this agreement. See section 7 for the refund policy.
- The final payment is due in full before the final delivery. This is not negotiable.
- Don’t send me any payment before I have agreed to give you a slot and sent you an invoice.
3. PROCESS AND DELIVERY
- I will notify you when I have started on your commission and you, therefore, lose the right to a refund of your Kill Fee after this time.
- While I’m working on your commission I will make reviews with you to make sure I make it just right for you!
- The amount of reviews depends on the complexity of the work. However, reviews are generally limited to three per commission.
- During the reviews, you will see work-in-progress and these images will usually include a watermark and be smaller than the finished piece.
- Delivery time is established and agreed upon when the work starts. Keep in mind that the time it takes to finish your commission varies depending on factors such as health, the complexity of the commissioned piece, other work and convention seasons. If anything comes up that will slow the progress of the initially estimated delivery time I will let you know asap.
- Once the piece is finished you will receive the full-resolution image along with a web-friendly size. Note that there is no physical product. Depending on where you live, we can arrange to print your artwork. Just ask 🙂
- Revisions are sometimes conflated with reviews. For the purpose of this agreement, a ‘revision’ is defined as a change to work that had been previously approved.
- A fee will be added if you want something changed on the final drawing – unless, of course, a misunderstanding from my side has been made.
- If you wish for me to change something in the drawing you have previously approved, I will charge you a fee to change it. The amount of the extra charge depends on the change you want me to make and is usually based on an hourly wage.
- If your reference is unclear to start with changes will come at an extra charge.
5. COPYRIGHT / USAGE POLICY
- I, Hugh Chapman (the artist), claim all rights to the final artwork and all production materials, not the buyer. Therefore I am allowed to use the copyrighted artwork as I see fit which may include but is not limited to:
- As promotional material.
- Publish books with it (artbooks, etc.).
- Display it everywhere to my liking (website, social media, etc.).
- Post it wherever I want.
- The buyer is permitted to:
- Use the commissioned piece for personal use unless agreed otherwise (you can upload it on all your social media profiles, forums, etc.)
- Print the artwork and claim the character(s) as their own, but not the artwork itself.
- Use the artwork to promote themselves. You are not forced to give me credit when you post it but it is very appreciated.
- Use the artwork on their Youtube channel, or social media, and in monetized videos as long as the artwork itself is not the main subject for the earnings.
- The following is considered copyright infringement:
- Reproducing/using the copyrighted artwork commercially – means making money off it in any way.
- Claiming the artwork as your own
- Removing my signature from the artwork.
- Altering the artwork without my consent.
- I reserve the full rights to the image and it’s use and distribution unless otherwise agreed upon (rights to the image for your own non-personal use may be purchased at any time).
6. CUSTOMER SATISFACTION
- I will do everything I can to make my customers happy!
- If you have a problem with anything in regards to the commissioned piece please tell me right away so we can find a solution together.
- Some of my terms are negotiable if you ask before I start on your commission.
7. REFUND / CANCELLATION POLICY
- The buyer is not allowed a refund once I start working on the commission.
- If for any reason I am unable to start your commission you will receive a full refund.
- If you cancel your order before I start it, you can get a refund minus a 25 USD fee for the reservation of your commission slot.
- If you are getting a refund, do not request a Paypal chargeback. I will transfer the money back to you myself.
- If you request a Paypal chargeback at any point when you were not allowed to ask for a refund you will lose all beforementioned rights to the commissioned piece. I will decline the chargeback and supply Paypal with our conversations in which we talk about the commission as evidence that I have completed work for you. Furthermore, you will be blacklisted for commissioning me again.
If the buyer breaks any of the terms stated above they will forfeit all rights to the artwork commissioned of Hugh Chapman (the artist). These terms can be negotiated prior to commencing your commissioned artwork by written and signed addendum.
What do you get?
- Drafts or mockups that you must decide which one I should continue with (depending on the complexity of the commission there might be fewer or more drafts)
- Sketch and/or final sketches that you must accept before I continue the work
- Color Keys (colored approved sketch) which you must accept before continuing. Three or more variations are provided depending on the complexity.
- Full-resolution file ( > 2000 pixels on least edge) of final drawing and standard-sized versions for print and internet. Custom sizes available upon request. Final file formats are PNG. JPG and TIFF formats are available for an extra charge.
- Prints of your artwork can be arranged for an extra fee.