Artist, Writer, Creator

Commission TOS

These Terms of Service are relevant to NONCOMMERCIAL projects only and are subject to revisions, editing, and additions without notice. A Google Document of these terms can be found here

Last revision date March 20th, 2020

For the purpose of this Terms of Service, all references of Artist in this document refer to Aubrey 'Armaina' Myers. All references to 'Client' in the document refer to the person or persons that purchase services from Aubrey 'Armaina' Myers and thus enter into the terms below, as stated in A.1.

1) General

A) The Client must read, understand and agree to all the above terms before entering into an agreement with the Artist. By sending payment, the Client agrees to the below terms.

B) Clear and concise visual references and/or description of a commission concept must be provided by the Client before the commission can be started. After which a preliminary quote will be provided by the Artist. If any references provided are not accurate, the Client is responsible for pointing out the specific errors and their intended corrections before the start of the commission in order to ensure accuracy on the Artist's part. If the Client has provided too much, too little, or otherwise confusing information, the Artist may request it be re-written before starting the work. Work will continue to be delayed until a suitable description is provided.

C) All changes to the TOS apply immediately. Past Clients will only be notified of changes if the changes involve the use of their previously commissioned pieces. Old Clients do not have claim to a previous TOS version for any new works, all new commissioned work will have the most recent version of the TOS applied to it.

D) All changes to the TOS apply immediately. Past Clients will only be notified of changes if the changes involve the use of their previously commissioned pieces. Old Clients do not have claim to a previous TOS version, all new commissioned work will have the most recent version of the TOS applied to it.

2) Payment

A) Payments must be made in full within 7 days of invoice before any work is done. Payment plans are available for inquiries greater than $100. Once full payment has cleared, the Client's commission will be added to the Artist's work queue.

B) Payments are accepted in USD only. Paypal is the primary service used for transactions. Cash payments may be accepted but work will not be started until cash payments have been received. The artist will not accept payment in any other form at this time.

C) Displayed base prices are subject to change according to the complexity, difficulty, size and medium of each individual piece. Prices may be negotiated, but will all be factored around the length of time taken for the piece to be completed. Prices found on social media older than 1 months should be considered out of date and will not be honored.

D) In the event a commission was quoted to a potential Client, and was never pursued or otherwise followed up by the Client, the quoted amount will be considered null and void after 3 weeks of non-response. If the Client returns with the same or similar request, the previous quote amount will not be honored and a new quote will be provided. The Client will not be entitled to any previous quote amounts for new works.

3) Process

A) Unless otherwise stated, all clients will receive a preliminary draft after payment is received. As the process continues, the Artist ensures the Client will receive updates when necessary, via email, site notes, or other forms of contact. The Client will have the opportunity to direct alterations of the work during the sketch/thumbnail stage, the ink stage, and again at the flat color stage. Requested revisions that diverge from the Client's original commission description/references may increase the length of time a commission takes in addition to incurring fees, which will be billed separately. Minor revisions can be made after the commission is complete, provided the medium permits for these revisions.

B) In the specific case of physical media commissions, it is the Client's responsibility to provide any and all adjustments that must be made, before the inking stage of the commission. After the image has been inked, no further changes may be made to the linework. Likewise after the completion of the linework the Client must accurately verify all intended colors for the piece before color is applied, as no changes to the color, apart from darkening the color, will be possible to make. Swatches of media tools will be available upon request if color accuracy is a concern.

C) If specific needs are required for the process, such as deadlines or frequency of required updates, please negotiate before the start of the transaction. A fee may be applied in the case of narrow deadlines.

D) The client is permitted up to 1 major revision without incurring additional fees, if the revision is possible (see exceptions regarding physical media) Small fixes and changes in between process updates are not counted towards this major revision. Due to the subjective nature of revisions, the client will be warned if certain changes are considered major or not.

E) In the event an error is made on the part of the artist, it will be rectified without additional fee to the client. Please refer to sections 3.A and 3.B for details on revisions.

F) In the event that an error is made on part of the client not providing correct information at the beginning of the commission or in between any of the progress updates, the client may be responsible for additional fees if the process to rectify these errors goes beyond the provided major revisions. Please refer to sections 3.A and 3.B for details on revisions.

4) Cancellations & Refunds

A) If the Client wishes to cancel their commission before work begins, the client will be refunded in full.

B) If the Client wishes to cancel their commission after progress on the work has already been started, the Artist will keep the amount appropriate for the time spent on the work up until that point, the Client will receive the remainder. The work that was partially completed in that time may be used by the Client with the same rights and restrictions as would be provided for a completed piece.

C) If the Artist cancels the commission, 100% of the payment will be refunded to the Client and all work on the commission will cease. If there was any progress made on the commission prior to the cancellation, the Client does not retain any right to use those pieces in any way and the Artist may choose to use the work as they see fit as stated in section F.3.

D) The Artist reserves the right to cancel a commission and issue a refund due to poor communication, rude or inappropriate behavior, or inability to communicate in clear/effective English, or unforeseen inability to complete the commission.

E) In the event that a client is unreachable by ordinary contact means (email) for 3 months or more, the Artist reserves the right to cancel the commission. If the Client is unreachable for 6 months or more, a refund will not be issued. The client is welcome to receive credit valid toward another commission at the Artists current rate (having rescinded their spot in line due to lack of communication). If the client is unreachable for 1 year or more, then the payment is void, no credit will be awarded and any new commission must be paid for in full.

5) Shipping

A) Works will only be shipped in cases where the mailing of a physical item is explicitly stated. If shipping is not explicitly offered with the commission, then no item will be shipped unless it is personally requested by the Client.

B) The client must ensure the full and correct address is provided before the product is shipped. The Artist will confirm the address before shipping and it will be the responsibility of the Client to confirm that it is correct. The Artist is not responsible for any incorrect shipping address if it was not corrected by the Client before the product was shipped.

C) Shipping must be paid for by the client in all cases unless an offer of free shipping is explicitly provided by the Artist.

D) All default shipping within the US will be Priority Mail, international shipping will use Air Mail. Any other shipping options must be requested explicitly by the Client before mail is sent, any differences in price based on Client choices must also be paid by the client.

E) All works 9x10in and smaller will be mailed in a flat, reinforced envelope, all larger works will be mailed in mailer tubes. If the client wishes for smaller pieces to be mailed in a mailing tube, this must be requested explicitly before shipping, and the difference will be paid for by the Client.

F) Insurance equal to the value of the commission will be included as part of the shipping fee.

6) Rights & Restrictions

A) The artist will not handle depiction of sexually explicit (x-rated) materials or hateful images. Non-explicit fetish, artistic nudity, violence, gore, and humorously offensive work will be considered on a case-by-case basis. The Artist reserves the right to reject any commission for any reason.

B) The Artist retains the right to display all commissioned work on any personal website, gallery, or journal. If the commissioned work is a time-sensitive gift or project, the Artist may delay public showcase of the work at the request of the Client. If the Client does not wish for the work to be displayed publicly, this must be stated at the start of the commission inquiry.

C) The Artist may recycle sketches and preparatory works that were rejected by the Client for other commissions or personal works.

D) The Client retains all rights to their respective characters. This does not permit them rights to the commissioned image.

E) The Artist retains ALL rights to the commissioned artwork, including the right to make prints and merchandise. This means the Client is not permitted to make prints, merchandise, or otherwise sell any alterations of the image without explicit permission from the artist. Image rights can be negotiated for an additional fee and a new, appropriate contract

F) The Client may not profit from the artwork beyond the resale of a physical original painting or drawing (traditional media, not digital). This includes the sale of the digital files, or rights to the image that they do not have claim to.

G) The Client may create prints for personal use (display in their home or as gifts). The Client may also resize or crop the artwork to create icons, wallpapers, or other graphics to be used in non-commercial digital format. The Client may also upload the artwork to their personal website or gallery accompanied by a credit line to the Artist, and it must not be any high resolution or unwatermarked version of the artwork.

H) In the event the Client wishes to have the image altered by anyone other than the client, explicit permission must be granted by the Artist, in order for any alterations to be made by any third party.

Commercial Works

In the event a Client wishes to pursue a work for Commercial purposes, this intent must be stated up front before the start of the work. An appropriate contract will be drawn up for the work that may or may not include the rights and restrictions provided here. Prices for commercial works will not be the same as prices provided for personal works.

Commercial works include but are not limited to: Designs intended for sale on Prints, Apparel, Canvas, Buttons, Pins, Badges, and other mass produced products. Business branding such as logos, banners and other promotional material. Character designs for games and media. Assets for games and media. If you are unsure if your project is considered commercial, please inquire before the start of any commission inquiry.