FA+
Shop
Commissioner's Terms of Service for Artist's (WIP)
3 years ago
Well, I've been mulling over this journal post for a while now because I know how the community is over these kind of topics.
As most of you know, I commission ~ALOT~ and see ton's of ToS's (Terms of Services) from artists to there commissioners and dictations being made only one sided. You have to understand where your customers are coming from and put yourself in there shoes once in a while to get a understanding if what your doing is fair to them and if you are being fair in return.
This post is in response to many.. Many... MANY!!! Months of issues. I'm really tired of being ripped off by some artists, lied to, money taken then pushed back in a queue because the artist needs money now and takes other commissions and then ghosts me till there ready to finish my order after many months, destroying/loosing or accidentally deleting the original file for when I need to pay for a correction or loosing that particular art piece FOREVER (That I paid for), Artist's finishing a piece without my input from just seeing a rough sketch. This list can go on and on and on. All I want to do is bare the art I buy and preserve it since it's my money being used to pay other artists to create amazing master pieces.
So, this is not fair that many artists can dictate there terms for commissions to there clients and be one sided. It's not fair, nor is it right or ethical to the client.
That's why I'm thinking of implementing a commissioners Tos (Terms of Service) for the artist that when I commission, so there's no mis-communications.
These terms are extremely fair and within reason as far as I've observed and gathered feedback from other artists, other commissioners and outside feedback.
Some of these may seem controversial and I'm open to discussion (In Notes, DM's or Telegram) but want to see what people think of it. It's still a WIP (Work in Progress) so things can change based on community feedback.
Terms for [Artist Name] Commission
Capacity of Artist
1) The [ARTIST] understands and agrees that they are being hired as a independent contractor with no rights to benefits for there skills to produce content per specified by the [CLIENT] per project.
s1) [ARTIST] understands, agrees and acknowledges that the work performed is specifically commissioned for [CLIENT] as "work made for hire"
s2) [CLIENT] understands and acknowledges that the [ARTIST] work still is there own and [CLIENT] will not claim said work as there own.
Working Project Data
2) Artist understands and agrees to provide a copy of the original source file along with the completed work.
s1) [CLIENT] understands and agrees to not take credit for the work preformed by the [ARTIST].
s2) [ARTIST} understands and acknowledges that paying for there services do not warrant the artist to keep all materials from [CLIENT].
s3) [ARTIST] understands that the original file or source file created for said work is part of the work performed.
Consolidation of Work
3) Under no circumstances the artist will not merge any layers created in the original working file during the project.
s1) Merging of layers will violate and void the terms herein and prompt a immediate refund.
s2) Refunds/Chargebacks will be evaluated based on work performed and possible corrections that can be made (If applicable)
s3) The above "s1/s2" rules are enforceable if [ARTIST] has not communicated working stages of said project or skipped a stage with approval by [CLIENT].
s4) [CLIENT] understands if [ARTIST] has a particular style used and no layers are used, [ARTIST] must convey and specify there method of work prior to project start.
Work Stages & Approvals
4) Artist agrees to provide WIP's (Work in Progress) shots of the work being performed.
s1) The [ARTIST] understand and acknowledges that the [CLIENT] must approve each phase of the work being performed.
s2) If approval is not obtainable by [CLIENT], [ARTIST] shall wait till approval is given.
s3) [CLIENT] understands and acknowledges that approval for each WIP provided by the [ARTIST] must give [CLIENT] up to two (2) days from submission by [ARTIST] to review or redline for corrections.
s4) Work completed by [ARTIST] without approval of each step or stage by [CLIENT] will break the herein terms and prompt a charge back.
c1) [CLIENT] will not be held accountable for time or work lost due to [ARTIST] neglect to show work progress and appropriate approvals.
s5) If a unforeseen circumstance comes up for either [CLIENT] or [ARTIST], each party shall make it known and agree to the hold or brief pause in work.
Modifications & Edit's
5) [ARTIST] understands and acknowledges that WIP changes have no limits unless specified by [ARTIST] before project acceptance and payment.
s1) [CLIENT] understand that not all changes can be made after a certain period but minor alterations can be made.
s2) [ARTIST] must convey to [CLIENT] prior to accepting work and defile at what point "If Any" what is applicable for any changes to be made on the project.
Payment & Wait Time
6) [ARTIST] agrees to take payment only when there ready to start on the agreed [CLIENT] project.
s1) [ARTIST] agrees to hold in line project position in there queue without payment until ready to work.
s2) [ARTIST] understands and acknowledges that there is a time limit of sixty (60) days from date of payment to complete agreed upon project.
c1) In the event that the above "s2" pre-defined timeframe has passed, [CLIENT] will evaluate [ARTIST] progress if agreed project is not complete.
c2) After [CLIENT] evaluates said uncomplete project, [ARTIST] must come up with a reasonable accommodation or provide a discount refund.
s3) In the event the project is deemed complicated by [ARTIST], [CLIENT] must adhere by the reasonable timeframe given by [ARTIST] but not to exceed six (6) months from date of payment.
As most of you know, I commission ~ALOT~ and see ton's of ToS's (Terms of Services) from artists to there commissioners and dictations being made only one sided. You have to understand where your customers are coming from and put yourself in there shoes once in a while to get a understanding if what your doing is fair to them and if you are being fair in return.
This post is in response to many.. Many... MANY!!! Months of issues. I'm really tired of being ripped off by some artists, lied to, money taken then pushed back in a queue because the artist needs money now and takes other commissions and then ghosts me till there ready to finish my order after many months, destroying/loosing or accidentally deleting the original file for when I need to pay for a correction or loosing that particular art piece FOREVER (That I paid for), Artist's finishing a piece without my input from just seeing a rough sketch. This list can go on and on and on. All I want to do is bare the art I buy and preserve it since it's my money being used to pay other artists to create amazing master pieces.
So, this is not fair that many artists can dictate there terms for commissions to there clients and be one sided. It's not fair, nor is it right or ethical to the client.
That's why I'm thinking of implementing a commissioners Tos (Terms of Service) for the artist that when I commission, so there's no mis-communications.
These terms are extremely fair and within reason as far as I've observed and gathered feedback from other artists, other commissioners and outside feedback.
Some of these may seem controversial and I'm open to discussion (In Notes, DM's or Telegram) but want to see what people think of it. It's still a WIP (Work in Progress) so things can change based on community feedback.
Terms for [Artist Name] Commission
Capacity of Artist
1) The [ARTIST] understands and agrees that they are being hired as a independent contractor with no rights to benefits for there skills to produce content per specified by the [CLIENT] per project.
s1) [ARTIST] understands, agrees and acknowledges that the work performed is specifically commissioned for [CLIENT] as "work made for hire"
s2) [CLIENT] understands and acknowledges that the [ARTIST] work still is there own and [CLIENT] will not claim said work as there own.
Working Project Data
2) Artist understands and agrees to provide a copy of the original source file along with the completed work.
s1) [CLIENT] understands and agrees to not take credit for the work preformed by the [ARTIST].
s2) [ARTIST} understands and acknowledges that paying for there services do not warrant the artist to keep all materials from [CLIENT].
s3) [ARTIST] understands that the original file or source file created for said work is part of the work performed.
Consolidation of Work
3) Under no circumstances the artist will not merge any layers created in the original working file during the project.
s1) Merging of layers will violate and void the terms herein and prompt a immediate refund.
s2) Refunds/Chargebacks will be evaluated based on work performed and possible corrections that can be made (If applicable)
s3) The above "s1/s2" rules are enforceable if [ARTIST] has not communicated working stages of said project or skipped a stage with approval by [CLIENT].
s4) [CLIENT] understands if [ARTIST] has a particular style used and no layers are used, [ARTIST] must convey and specify there method of work prior to project start.
Work Stages & Approvals
4) Artist agrees to provide WIP's (Work in Progress) shots of the work being performed.
s1) The [ARTIST] understand and acknowledges that the [CLIENT] must approve each phase of the work being performed.
s2) If approval is not obtainable by [CLIENT], [ARTIST] shall wait till approval is given.
s3) [CLIENT] understands and acknowledges that approval for each WIP provided by the [ARTIST] must give [CLIENT] up to two (2) days from submission by [ARTIST] to review or redline for corrections.
s4) Work completed by [ARTIST] without approval of each step or stage by [CLIENT] will break the herein terms and prompt a charge back.
c1) [CLIENT] will not be held accountable for time or work lost due to [ARTIST] neglect to show work progress and appropriate approvals.
s5) If a unforeseen circumstance comes up for either [CLIENT] or [ARTIST], each party shall make it known and agree to the hold or brief pause in work.
Modifications & Edit's
5) [ARTIST] understands and acknowledges that WIP changes have no limits unless specified by [ARTIST] before project acceptance and payment.
s1) [CLIENT] understand that not all changes can be made after a certain period but minor alterations can be made.
s2) [ARTIST] must convey to [CLIENT] prior to accepting work and defile at what point "If Any" what is applicable for any changes to be made on the project.
Payment & Wait Time
6) [ARTIST] agrees to take payment only when there ready to start on the agreed [CLIENT] project.
s1) [ARTIST] agrees to hold in line project position in there queue without payment until ready to work.
s2) [ARTIST] understands and acknowledges that there is a time limit of sixty (60) days from date of payment to complete agreed upon project.
c1) In the event that the above "s2" pre-defined timeframe has passed, [CLIENT] will evaluate [ARTIST] progress if agreed project is not complete.
c2) After [CLIENT] evaluates said uncomplete project, [ARTIST] must come up with a reasonable accommodation or provide a discount refund.
s3) In the event the project is deemed complicated by [ARTIST], [CLIENT] must adhere by the reasonable timeframe given by [ARTIST] but not to exceed six (6) months from date of payment.
