Artist: The individual producing the Commission (“Brian Abshier”).
Client: The individual purchasing the Commission.
Commission: The form of service provided by the Artist to the Client per the Commission Agreement. “Commission,” “Art[work],” “Image[ry],” and “Project[s]” are used interchangeably herein and in Commission correspondence.
Commission Agreement: The discussion, documented via email (or where email is not available, via Discord or DeviantArt), in which the Artist and Client agree to the subject matter and type of Commission to be produced, the Commission price, the point in time in which the Artist is expected to commence in Start of Work, and – if applicable – the Commission deadline, early termination circumstances, rush fees, and/or whether or not the Commission can be immediately displayed in the Artist’s portfolio. This Commission Agreement shall remain on record with the Artist, along with any other documents related to the Commission, for at least two years.
Start of Work: The point in time by which the Client has approved the Artist to start work on the Commission (e.g., Artist begins to create the Commission).
Profile(s): Online locations where the Commission may be displayed (e.g., “galleries,” such as abshier.us, DeviantART.com, etc.). “Profile(s)” do not include any sites that display hateful or racist imagery, illegal activities, or sites known to display, reproduce, and/or sell works without crediting the Artist. Additionally, no Commission may be displayed without notifying the Artist first, or as agreed upon in the Commission Agreement.
Personal Space: Non-public, offline locations (e.g., home or office); i.e., no business involving the Commission is being conducted.
Public Space: Offline locations that do not fall under “Personal Space” above.
Commercial Purpose: Any image or project to be commissioned that does not fall under the type of use specified in these Terms of Service. New Terms of Service shall be developed and agreed upon in a Commercial Purpose Commission Agreement prior to Start of Work.
Commercial Purpose Commission Agreement: A Commission Agreement developed specifically for Commercial Purpose Commissions. A Commercial Purpose Commission Agreement requires separate Terms of Service, developed on a case-by-case basis.
1. The Artist has the right to refuse any Commission request, without needing to explain the reason.
2 The Artist reserves the right to stop work on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behavior, an inability to effectively communicate, or a breach of these Terms of Service.
3. The Artist will not create any depiction of sexually explicit (i.e., “x-rated”, pornographic, simulated sex, or sexual arousal) materials, fetishes, or any form of hateful or racist imagery.
4. The Artist will not reproduce a copyrighted image or character without consent of its copyright owner, and as it pertains to United States Copyright Law ( http://copyright.gov/title17/ ).
5. By commissioning the Artist, the Client is purchasing the Artist’s labor only. The Artist retains all rights to the Commission, which includes but is not limited to: Distribution, reproduction, use of the Commission for Artist promotion (e.g. Profiles, Personal Space, Public Space, as defined in the Definitions section herein, etc.); or as it applies to new Terms of Service agreed upon in a Commercial Purpose Commission Agreement as defined in the Definitions section herein.
6. The Client must specify the content of their Commission to the best of their ability prior to a Commission Agreement. A complex Commission may incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work.
7. The Client must specify the desired resolution size of the Commission. A large resolution size may incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work.
8. If the Commission is time-sensitive, a rush fee may be applied, to be defined and agreed upon in the Commission Agreement prior to Start of Work.
9. If the Commission is defined as confidential in the Commission Agreement, the Artist will temporarily delay/or completely abstain from public display of the image at the request of the Client and as defined in the Commission Agreement until such time the Commission Agreement specifies public display is permitted.
10. The Client may not distribute, reproduce, or otherwise profit from the Commission, beyond the resale of the original, Commission, or as it applies to new Terms of Service agreed upon in a Commercial Purpose Commission Agreement as defined in the Definitions section herein.
10a. The client may not edit, alter, or trace the Commission without the Artist’s expressed, written permission, or as agreed upon in the Commission Agreement prior to Start of Work.
11. The Client may display the Commission in Profiles as long as the Artist’s name (“Brian Abshier”) is displayed. Additionally, any Profile display of the Artist’s Commission must notify the Artist, unless already defined in the Commission Agreement prior to Start of Work. Commissions in Profile displays cannot breach Term 10, Term 10a, or Term 14.
11a. The Client cannot display a Commission outside of Personal Space or in a Public Space unless the Commission is executed under new Terms of Service agreed upon in a Commercial Purpose Commission Agreement prior to Start of Work. The Client must obtain written permission from the Artist prior to displaying the Commission in a Public Space if not already defined in the Commission Agreement; additional fees may apply.
11b. Under no circumstances may the Client submit a Commission to any kind of contest.
12. Commissions will be provided to the Client via email or an online download location in .png format.
13. The Artist is not responsible for printing [creating a hard copy of] a digital art Commission.
14. If the Commission is for Commercial Purpose, the Artist must be notified prior to the Start of Work. Commercial use of the Commission will be decided on a case-by-case basis. New Terms of Service must be written and agreed upon in a Commercial Purpose Commission Agreement before the Start of Work.
15. The Client may request a preview of the Commission at any time during the creation process, but may not request changes to the Commission after Start of Work, unless a change process is agreed upon in the Commission Agreement prior to Start of Work.
16. The Client may not incorporate the Commission in another work of art (or another Artist’s Commission). A take-down notice will be issued in such cases and Term 18 will be applied as necessary.
17. Refunds may only be issued if the Client notifies the Artist prior to Start of Work. No refunds will be issued after Start of Work, nor will a refund be issued before or after Start of Work if any of these Terms of Service are breached. Additionally, the Artist has the right to revoke access to, and stop work of, the Commission at any time after Start of Work if these Terms of Service are breached.
18. The Artist has the right to pursue damages under United States Copyright Law ( http://copyright.gov/title17/ ), should their exist a violation in addition to a breach of these Terms of Service.