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MurkyHaze’s Commission Terms of Service
5 years ago
MurkyHaze’s Commission Terms of Service
CONTACT INFO:
Email: murkytoast[at]gmail.com | murkyhaze on the following services: Telegram, Furaffinity
GENERAL
Communication between artist and client is expected.
Artist will always be as prompt as possible responding to communication and give clear expectations up front to client. Client is expected to reciprocate prompt and clear communication (as much as possible, emergencies/delays happen).
Visual references are preferred but not required, pose, mood, colors can be specified or left up to the artist’s discretion.
You can provide as much or little reference and description as you prefer, depending on how much influence you would like to have over the process.
If you only have a description of a character, I can work with that too.
I will send you updates regularly during the process, unless requested otherwise. Make sure you voice your opinion early if anything seems off so we can work together to make the best image possible.
Artist reserves the right to terminate client interaction at any time and for any reason should client break professional conduct or in the case of lack of communication. Some cancellations by the artist may result in refund/partial refund to client, please see “refunds/kill policies.”
Artist reserves the right to decline any commission, without need for explanation.
RIGHTS AND PERMISSIONS
All commissioned work discussed in this agreement are NON-COMMERCIAL and shall be treated as such. Individual contracts will be written when art is commissioned for commercial (for-profit) use.
In commissioning MurkyHaze (hereafter known as the artist), you (hereafter known as client) are purchasing my labor only. The artist will retain full rights to all work produced under and prefaced by this contract, unless otherwise agreed upon explicitly and fully paid for in a drafted and signed contract.
In commissioning the artist, client agrees that the artist has permission to draw their character(s) and/or intellectual properties under your direction, but not in any commercial capacity unless requested by the artist and confirmed by the client. The client agrees that if they are commissioning the artist to draw original characters that do not belong to them, that they have gotten express permission from the character’s owners for them to be drawn by the artist, and that the content of the commission is known and approved of by them.
The artist does not claim ownership of any intellectual property (characters, etc) depicted in work done unless otherwise stated (for example: Intellectual property created by the artist and requested by the client). The artist does retain full rights to all images produced and may showcase art produced online and elsewhere. The artist may use images in portfolios, sketchbook collections, as commission examples, and all other forms of self-promotion. The artist may sell commissioned images in mass art collections (i.e. digitally downloadable art packs, art cds, etc). However, the artist will not sell prints or any other merchandise of individual pieces containing or depicting original characters without client’s permission.
If a client wishes to remain anonymous, their name can be omitted from postings online. If a client wishes their art not to be posted online or otherwise shown after completion, this can be arranged (for example: gifts, etc). However, please note that this arrangement to keep art private and unposted shall only last for a pre-arranged amount of time, or if none is pre-arranged, three months from completion, after which point the artist is free to post the artwork. Please note that clients wishing their works not to be posted must understand that they are also expressly forbidden to post or share the artwork they receive anywhere online. By doing so, they then allow the artist to post it themselves.
Client may never claim work done under this contract as their own, redistribute it, or use it for any external commercial project. Non-commercial projects (for example, making prints of commissioned art but not-for-profit) must be discussed with artist beforehand to confirm no profit will come from the artist's work to the client.
Watermarks or signatures, when present, are not to be removed, erased, cropped out, or shrunk too small to be easily readable. If an image must be cropped or shrunk (for use in a profile, avatar, background, etc) credit must be listed in a visible area in a readable font with appropriate link(s) included (i.e. on twitter credit may be given in the user's bio).
COMMUNICATION AND PAYMENT
The client may request commissions through Google Form, email or message the artist to inquire about slot availability. If the client is interested in being notified when artist opens for commissions or merch, please follow their social media sites, most notably their twitter, telegram and furaffinity.
The artist opens commissions when they are able to handle the work. Expected deadlines are always communicated to client, and they vary by commission type.
Payment is required before ANY work begins. Any quote for $200 or under requires full payment before starting, any quote for work $200 and over requires 50% deposit before artist begins working on the sketch, though full payment is good as well. If the client would like to pay only the deposit, please let the artist know beforehand as they do not mark invoices for partial payment automatically.
Corrections can be made at the sketch stage. Small changes are free, and the first large edit is free. After the first, editing fees will be applied. Small changes to the completed stage are also free, large edits to the completed stage (i.e. total redraw) may incur large fees, up to the cost of the commission.
WIPs can be provided at client’s request. Artist may not send more than the sketch WIP before completion unless requested.
When finished, artist will send the final artwork. If client has paid 50% deposit, client will receive a watermarked version and be requested to send the rest of payment before an un-watermarked version is sent. If client has already paid in full, they will receive a full-size PNG version along with a lower size JPG version for web use when the work is completed.
Expect a sketch within 1-3 weeks of order placement (if the wait time is longer, artist will have informed you upon initial communication). Final piece timelines are dependent on workload and convention schedule, artist will provide an estimate when the sketch has been approved, usually 2-3 months from approval). Clients will be informed of delays and problems as soon as possible. Clients can contact the artist at any time for timeline updates.
Errors that are the artist's mistake (were present in your references and I missed them etc.) can be fixed free of charge even after commission has been completed. Ex: wrong eye color, forgot to add an item of apparel, etc. These errors will be fixed ASAP.
Excessive harassment, rudeness, or abuse will result in a cancellation of the commission with a refund minus payment for work completed (percentage will be based on artist's discretion) and client will also be blacklisted from any further commissions.
PAYMENT DETAILS
Payments are made via PayPal Invoice and in EUR only.
Please note, I will send you a PayPal Invoice to your email address when discussing the commission with you over email or messenger.
Please be mindful of currency conversion rates when sending payment.
For commissions that total more than $300.00, payment plans can be negotiated.
REFUNDS & KILL POLICIES
Clients may cancel at any time during the commission process. If client wishes to cancel a commission after it has been started and before it is completed, for any reason, there will be a moderate kill fee for services already rendered.
If only the sketch has been completed, the kill fee will be 25% of the full cost of the commission. If full or partial payment has been received, this fee will be deducted, and the remainder will be refunded to the commissioner.
If work has been completed to a point of 25-50%, kill fee will amount to 50% of the full cost of the image. This fee will be deducted from the payment tendered, and the remainder will be refunded to the commissioner.
SUBJECT MATTER AND RESTRICTIONS
Anyone under the age of 13 is forbidden to contact me for any commission work.
Anyone under the age of 18 is forbidden to contact me for any commission involving ANY nudity or sexual content. By contacting me for any NSFW commission, you are expressly agreeing that you are over 18 years of age. Additionally, anyone under the age of 18 is forbidden to visit, interact with, or transmit my NSFW work and accounts in any way.
Artist reserves the right to terminate client interaction if at any point there is reason to suspect that a client under the age of 18 has attempted to purchase NSFW art.
WHAT IS ACCEPTABLE?
I specialize in painting backgrounds and anthro / kemono anime inspired characters. I try to aim for story driven scenes, focusing on mood and lighting. I can always try drawing content outside of my usual without problem, but anything too far from my usual content (like a comic strip) may be subject to a small upcharge based on the complexity and our discussion on what you want in the commission.
I will draw any sort of illustrative work: pinups, illustrations, badges, icons, banners, etc. I’ll also do text and design work alongside certain illustrations (names on badges, text on ref sheets, etc).
I mostly draw human or pseudo-human genitals. Biologically realistic depictions of other species sexual organs are not really my forte, although toys and tentacles are okay.
I will draw most types of scenery, organic and architectural, at no extra charge. However, if you need a much more complex scene or a particularly detailed background, I'll be happy to give you a quote.
I can also draw robots and mechanical elements, but they might be subject to an additional fee depending on scale and complexity.
I do not draw cub, physical harm, non-consensual, diaper or scat. You can always ask about anything else, I won't judge. Please accept when I am not comfortable with a subject matter.
CLOSING NOTES
By commissioning the artist, you as the client agree that you have read and accepted these terms of service in full.
Any questions about this terms of service can be sent to murkytoast[at]gmail.com
_____________________________________________________________________________
ToS are subject to change without notice. Revisions apply to commissions ordered after most recent revision.
Last revised: 06 November, 2020
CONTACT INFO:
Email: murkytoast[at]gmail.com | murkyhaze on the following services: Telegram, Furaffinity
GENERAL
Communication between artist and client is expected.
Artist will always be as prompt as possible responding to communication and give clear expectations up front to client. Client is expected to reciprocate prompt and clear communication (as much as possible, emergencies/delays happen).
Visual references are preferred but not required, pose, mood, colors can be specified or left up to the artist’s discretion.
You can provide as much or little reference and description as you prefer, depending on how much influence you would like to have over the process.
If you only have a description of a character, I can work with that too.
I will send you updates regularly during the process, unless requested otherwise. Make sure you voice your opinion early if anything seems off so we can work together to make the best image possible.
Artist reserves the right to terminate client interaction at any time and for any reason should client break professional conduct or in the case of lack of communication. Some cancellations by the artist may result in refund/partial refund to client, please see “refunds/kill policies.”
Artist reserves the right to decline any commission, without need for explanation.
RIGHTS AND PERMISSIONS
All commissioned work discussed in this agreement are NON-COMMERCIAL and shall be treated as such. Individual contracts will be written when art is commissioned for commercial (for-profit) use.
In commissioning MurkyHaze (hereafter known as the artist), you (hereafter known as client) are purchasing my labor only. The artist will retain full rights to all work produced under and prefaced by this contract, unless otherwise agreed upon explicitly and fully paid for in a drafted and signed contract.
In commissioning the artist, client agrees that the artist has permission to draw their character(s) and/or intellectual properties under your direction, but not in any commercial capacity unless requested by the artist and confirmed by the client. The client agrees that if they are commissioning the artist to draw original characters that do not belong to them, that they have gotten express permission from the character’s owners for them to be drawn by the artist, and that the content of the commission is known and approved of by them.
The artist does not claim ownership of any intellectual property (characters, etc) depicted in work done unless otherwise stated (for example: Intellectual property created by the artist and requested by the client). The artist does retain full rights to all images produced and may showcase art produced online and elsewhere. The artist may use images in portfolios, sketchbook collections, as commission examples, and all other forms of self-promotion. The artist may sell commissioned images in mass art collections (i.e. digitally downloadable art packs, art cds, etc). However, the artist will not sell prints or any other merchandise of individual pieces containing or depicting original characters without client’s permission.
If a client wishes to remain anonymous, their name can be omitted from postings online. If a client wishes their art not to be posted online or otherwise shown after completion, this can be arranged (for example: gifts, etc). However, please note that this arrangement to keep art private and unposted shall only last for a pre-arranged amount of time, or if none is pre-arranged, three months from completion, after which point the artist is free to post the artwork. Please note that clients wishing their works not to be posted must understand that they are also expressly forbidden to post or share the artwork they receive anywhere online. By doing so, they then allow the artist to post it themselves.
Client may never claim work done under this contract as their own, redistribute it, or use it for any external commercial project. Non-commercial projects (for example, making prints of commissioned art but not-for-profit) must be discussed with artist beforehand to confirm no profit will come from the artist's work to the client.
Watermarks or signatures, when present, are not to be removed, erased, cropped out, or shrunk too small to be easily readable. If an image must be cropped or shrunk (for use in a profile, avatar, background, etc) credit must be listed in a visible area in a readable font with appropriate link(s) included (i.e. on twitter credit may be given in the user's bio).
COMMUNICATION AND PAYMENT
The client may request commissions through Google Form, email or message the artist to inquire about slot availability. If the client is interested in being notified when artist opens for commissions or merch, please follow their social media sites, most notably their twitter, telegram and furaffinity.
The artist opens commissions when they are able to handle the work. Expected deadlines are always communicated to client, and they vary by commission type.
Payment is required before ANY work begins. Any quote for $200 or under requires full payment before starting, any quote for work $200 and over requires 50% deposit before artist begins working on the sketch, though full payment is good as well. If the client would like to pay only the deposit, please let the artist know beforehand as they do not mark invoices for partial payment automatically.
Corrections can be made at the sketch stage. Small changes are free, and the first large edit is free. After the first, editing fees will be applied. Small changes to the completed stage are also free, large edits to the completed stage (i.e. total redraw) may incur large fees, up to the cost of the commission.
WIPs can be provided at client’s request. Artist may not send more than the sketch WIP before completion unless requested.
When finished, artist will send the final artwork. If client has paid 50% deposit, client will receive a watermarked version and be requested to send the rest of payment before an un-watermarked version is sent. If client has already paid in full, they will receive a full-size PNG version along with a lower size JPG version for web use when the work is completed.
Expect a sketch within 1-3 weeks of order placement (if the wait time is longer, artist will have informed you upon initial communication). Final piece timelines are dependent on workload and convention schedule, artist will provide an estimate when the sketch has been approved, usually 2-3 months from approval). Clients will be informed of delays and problems as soon as possible. Clients can contact the artist at any time for timeline updates.
Errors that are the artist's mistake (were present in your references and I missed them etc.) can be fixed free of charge even after commission has been completed. Ex: wrong eye color, forgot to add an item of apparel, etc. These errors will be fixed ASAP.
Excessive harassment, rudeness, or abuse will result in a cancellation of the commission with a refund minus payment for work completed (percentage will be based on artist's discretion) and client will also be blacklisted from any further commissions.
PAYMENT DETAILS
Payments are made via PayPal Invoice and in EUR only.
Please note, I will send you a PayPal Invoice to your email address when discussing the commission with you over email or messenger.
Please be mindful of currency conversion rates when sending payment.
For commissions that total more than $300.00, payment plans can be negotiated.
REFUNDS & KILL POLICIES
Clients may cancel at any time during the commission process. If client wishes to cancel a commission after it has been started and before it is completed, for any reason, there will be a moderate kill fee for services already rendered.
If only the sketch has been completed, the kill fee will be 25% of the full cost of the commission. If full or partial payment has been received, this fee will be deducted, and the remainder will be refunded to the commissioner.
If work has been completed to a point of 25-50%, kill fee will amount to 50% of the full cost of the image. This fee will be deducted from the payment tendered, and the remainder will be refunded to the commissioner.
SUBJECT MATTER AND RESTRICTIONS
Anyone under the age of 13 is forbidden to contact me for any commission work.
Anyone under the age of 18 is forbidden to contact me for any commission involving ANY nudity or sexual content. By contacting me for any NSFW commission, you are expressly agreeing that you are over 18 years of age. Additionally, anyone under the age of 18 is forbidden to visit, interact with, or transmit my NSFW work and accounts in any way.
Artist reserves the right to terminate client interaction if at any point there is reason to suspect that a client under the age of 18 has attempted to purchase NSFW art.
WHAT IS ACCEPTABLE?
I specialize in painting backgrounds and anthro / kemono anime inspired characters. I try to aim for story driven scenes, focusing on mood and lighting. I can always try drawing content outside of my usual without problem, but anything too far from my usual content (like a comic strip) may be subject to a small upcharge based on the complexity and our discussion on what you want in the commission.
I will draw any sort of illustrative work: pinups, illustrations, badges, icons, banners, etc. I’ll also do text and design work alongside certain illustrations (names on badges, text on ref sheets, etc).
I mostly draw human or pseudo-human genitals. Biologically realistic depictions of other species sexual organs are not really my forte, although toys and tentacles are okay.
I will draw most types of scenery, organic and architectural, at no extra charge. However, if you need a much more complex scene or a particularly detailed background, I'll be happy to give you a quote.
I can also draw robots and mechanical elements, but they might be subject to an additional fee depending on scale and complexity.
I do not draw cub, physical harm, non-consensual, diaper or scat. You can always ask about anything else, I won't judge. Please accept when I am not comfortable with a subject matter.
CLOSING NOTES
By commissioning the artist, you as the client agree that you have read and accepted these terms of service in full.
Any questions about this terms of service can be sent to murkytoast[at]gmail.com
_____________________________________________________________________________
ToS are subject to change without notice. Revisions apply to commissions ordered after most recent revision.
Last revised: 06 November, 2020
