1. Terms:

Artist: The person being commissioned to create a work of art.
Client: The person paying for production of the commissioned artwork.
Artwork: A work of art or other creative work made by the Artist and commissioned by the Client. Also referred to as a commission.
Individual or Independant/Emerging Company: A single person, or a business consisting of no more than 12 employees.
Larger Company: A business consisting of more than 12 employees.
Employee: A person employed by an individual or company, whether permanently, fixed-term, or freelance on a reoccurring basis.
Non-Commercial: Not primarily intended for or directed towards commercial advantage or monetary compensation.
Commercial: Intended for or directed towards commercial advantage or monetary compensation. This includes anything from advertising, to branding, to direct resale.
Derivatives (adapted material): Material created based on or using the original artwork. An alteration, rearrangement, transformation, modification, translation, etc. of the original artwork. This term does not apply to the characters depicted within the artwork.
Share: To provide the artwork to the public under a circumstance out of the Artist's control (Ex: putting the artwork on posters, billboards, websites/blogs, T-shirts, etc.) Sharing includes the reproduction, public display, and distribution of the artwork.
Technical Modification: Modifications that must be made in order to use the artwork under specific circumstances. (Ex: Cropping, resizing, or changing file type)
Generative AI: Artificial Intelligence technology that creates content, including but not limited to images.
Primary References: References (Ex : model sheets) that are expected to be followed closely in the creation of the artwork.
Secondary References: References (Ex: moodboards) that help form a general sense of the desired artwork, to be used as inspiration.

2. Copyright:

Subject to Canadian law, the Artist retains full copyrights of all works produced, and may choose, under written agreement, to share commercial rights with the Client. Character(s) depicted in the artwork remain the property of their original owner(s). The Client cannot claim copyrights they do not own.

3. Terms Of Use:

If the Client is an Individual or Independent/Emerging Company, all listed commission prices are for Commercial purposes, including Derivatives. This is an indefinite right granted at the time of purchase, for the commissioned artwork. It is retained even if the company grows. However, these rights do not eliminate the obligation to give proper artistic credit.

For all Larger Companies, the listed commission prices are for Non-Commercial purposes, with no Derivatives. By commissioning the Artist, the Client agrees not to use the artwork for commercial gains, nor publicly share any derivatives of the artwork. If the Client wishes to commission the Artist for commercial work, they must clearly state their intent upon requesting the commission, so that an appropriate price and contract can be drafted.

The Client is prohibited from willingly or purposefully inputting the artwork into any form of Generative AI system. Derivatives of the artwork are not to be made using Generative AI.

The Client may share commissioned artwork on other sites, so long as they respect their rights, and proper credit is given. Linking back to the original artwork is allowed and encouraged.

Technical modifications to the artwork are not considered derivative.

4. Cost, Procedure, and Refunds:

The Artist will not begin work on a commission until it is paid for in full. Larger commissions can be paid for in parts; each part will be finished when it is fully paid for. If the work is not completed 30 days after payment, the Client may request a refund for all work not already completed. The Artist will also refund the Client if circumstances make the commission impossible to properly complete, or if the Artist deems the artwork to be unlawful or immoral.

By commissioning the Artist, the Client understands that certain liberties may be taken in drawing the subject. However, the Client may ask for specific requirements so long as they make these clear before commencement of the artwork. Unless the artwork differs substantially from the original description or references, excessive changes will result in further costs for the Client, and possible delays in schedule.

A draft will be sent at the sketch stage for the Client to review and accept. A delay in approval may create delays in schedule. Once the sketch has been approved, changes to the artwork will be restricted. Once the commission has been deemed finished, the Artist will no longer make adjustments to the artwork.

5. Credit:

If sharing the artwork, The Client must respect their rights, and properly credit the Artist, preferably by linking back to the original artwork and mentioning the artist in their description.

In the case where the Artist no longer wants to be attributed to the artwork, they may ask that the Client remove the credit line, or list the Artist as Anonymous.

6. Endorsement & Moral Rights:

The Artist does not endorse what the Client does with the artwork after its completion. The Client may not assert or imply that their use of the artwork is connected with or sponsored by the Artist. Additionally the Artist may seek compensation or take-down if the artwork is used in a way that is immoral, racist, sexist, or otherwise deemed inappropriate.

7. Exceptions and Limitations:

These terms and conditions cannot reduce, restrict, or impose conditions on the Client that could lawfully be made without permission of the Artist. (Ex: Fair Use) If any part of these terms and conditions is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable.

8. Guarantees:

The Client guarantees that they hold all rights required to use stock, art, text, primary references, etc. that might be supplied to the Artist for the creation of the artwork. The Client agrees to defend the Artist against all claims, liability, damages, expenses, and fees arising from the Client's misuse of the Artist's work, or misuse of references used to create the artist's work.

The Artist does not willingly or purposefully use generative AI in the creation of their artwork. If the Client wishes to supply generative AI content to help illustrate their vision, its use will be limited to secondary references, and will not be directly used by the Artist when creating the final Artwork.

The Artist will not license, sell or otherwise misuse the commissioned artwork, but may display them for portfolio or archiving purposes, and may show them to subscribers as an early access perk. The latter does not grant said subscribers any right to use the artwork(s) or its content. The Client has the right to request that their commissioned art not be included as early access content. The Artist may also stop displaying the artwork at any time; however, this will not void these terms and conditions.

The artist will not be accountable for lack of accuracy, or the presence of errors, if said errors are not caught and mentioned by the Client in the early stages of development.