These terms apply to any commission and are legally binding after purchase. They ensure safety and clarity between the client and seller.
The pronoun "you / your" refers to the client.
The pronoun "I / my" refers to the seller/artist
The pronoun "we / our" refers to both the client and artist
Each section starts with a summary. Said summary is not legally binding and only acts as a quick overview. To ensure no misunderstandings or miscommunication, please read the terms in full. The service and content is provided "AS IS" and no warranties, neither expressed nor implied, are made outside of this ToS and upon agreement.
[NOTE] Paragraphs in this style are personal notes. They act as personal commentary only and are not legally binding.
Due to legal reasons, you must be at least 18 years old to order a commission. By purchasing a commission, you hereby agree on the following terms and conditions.
[NOTE] Apologies in advance for the upcoming inconvenience. I tried my best to figure out a way to avoid it and keep us anonymous but no matter what I try, my hands are legally tied.
As a German freelance artist, I'm obligated to include both our legal names and addresses to the invoice. As it is written in section 14, subsection 4 of USTG, only an invoice with said info is legal. This will also be used to calculate any necessary VAT or sales tax. It'll be included in the final price thus your total won't change.
The following data is necessary for the invoice
Said data will be saved on paypakl only and you'll receive the invoice via e-mail. No physical invoice or letter will be sent.
[NOTE] Please send me the info AFTER the commission details have been settled. Once I sent the invoice, I'd urge you to delete the message containing the sensitive info. Telegram enables end-to-end encryption so if you prefer internet safety, we can share the info there. (Telegram: @FatBluDragon)
Lastly, my own personal info will be revealed, too, so let's agree to ignore both our sensitive data for anonymity's sake. The nickname is used to address you as such instead of your real name. Also, please don't call me by the name on the invoice but as Fergus Sullivan.
Upon requesting a commission, we'll discuss its details first, such as the concept, characters featured, price, etc. The briefing will include a rough concept sketch if the commission is an Illustration. After the briefing, a slot in the commission queue will be reserved immmediately. Until first payment, if your order would be next in queue, it'll be pushed in second place. You can cancel your commission at any time until completion.
During the commission process, I'll provide chances for constant feedback in which you may request reasonable changes. Reasonable changes are defined as revisions that are changes that can be done without backtracking to a previous progress stage. Opportunities for feedback and revisions are provided in the following stages (and allow for these revisions):
If you insist on a revision, which should have been requested at an earlier stage, I may demand a compansation fee proportional to the progress lost. If eedback for a stage is skipped on my end, you may request revisions that would have been appropriate at said skipped stage for free. Errors on my end may be revised without compensation fee. After finalisation, you agree to be fully satisfied with the artwork and service and thus forfeit your right of refund due to dissatisfaction.
[NOTE] As an example, if I skip feedback for lineart and color/shading, you can still ask for revisions of lineart and color/shading without compensation fee. An example for an error on my end would be drawing a character with 5 fingers instead of 4. As for the full satisfaction part, I expect you to be satisfied when giving the ok to continue. Thus it's only logical that you are satisfied in the end.
You may order a YCH or sketch commission at any time. These are all commissions with "YCH" in their names. With unlimited slots, the ETA may vary between a few days to an entire month. You may not request a concept sketch before payment as the base of the YCH provides said concept already.
YCH commissions provide chances for feedback at the sketch phase and finalization. Unless specified otherwise, revisions may only be related to the implentation of the character in the scene. You may ask for a 50% refund due to dissatisfaction in the end. However, doing so will revoke your rights-of-use of any export provided.
[NOTE] YCHs are done extremely fast so asking for less feedback while allowing bigger revisions is more effective. You can ask for a 50% refund because the first hals, the base, is already provided with full satisfaction. You may still be dissatisfied with the final artwork so a partial refund seems fair. Revoking your rights-of-use is to prevent scammers trying to get away with cheaper art.
Sketch commissions, which includes any commission with "sketch", or "doodle" in its name, may also be requested at any time. They share the same commission queue as YCH and thus have an ETA of a few days to a month. Sketch commissions will not provide a concept sketch before finalization and you give permission to artistic freedom. This, as a result, means you'll agree to be satisfied with the final product no matter what and thus revoke your right to refund out of dissatisfaction.
[NOTE] The last part is only a legal safety measure. Due to the messy nature and fast process of sketches, I don't want to be stuck with revisions that are considered nitpicky or "too detailed for a sketch". Depending on the type of sketch I'll still provide feedback for the concept if possible.
Any illustration or sketch commission may be offered to be turned into a YCH in exchange for benefits. By default, If the commission is an illustration, you will receive a cel shaded or fully rendered illustration for the price of a flat colored illustration. If the commisson is a sketch, you'll receive a 20€ coupon for any YCH of your choosing. By agreeing to turn the commission into a YCH, you'll give me permission for artistic freedom, allowing me to create a base of the future YCH first. The commission will then be treated as a YCH commission by policy.
[NOTE] I want to make sure that the future YCH works well so I may need to make changes that aren't exactly your cup of tea. However, once it's your real turn, we can make any changes you'd like. It's just a legal safety measure to avoid refunds due to technical dissatisfaction and thus scams
While a queue slot is reserved to you after briefing, only the first payment upfront will initiate the art process. You may pay in full or partially, resulting in either a full or partial completion, proportional to the percentage paid. The same invoice can be paid by multiple clients. However, only one billing address is necessary.
You have the right to cancel the commission for any reason until finalization. If you cancel your commission before initiation, you'll receive a full refund. During the commission process, a cancellation will grant you a partial refund, proportional to the progress already made. You'll receive the calcelled commission's export as the finished product. Due to the options for constant feedback, you agree to forfeit your right to rfund due to dissatisfaction as a reason. If I choose to cancel the commission myself, you'll receive a full refund regardless of progress made.
[NOTE] Since I provide you the ability to provide feedback at all times, it's assumed I constantly work with your full satisfaction. Thus, it's unreasonable to argue you are dissatisfied in the end. After all, I created the art exactly how you wanted. Also, please provide some actual feedback! I know some may be nervous or intimidated to ask for changes but I want to make sure you're definitely happy with the result. It's also awkward for both of us to deny a refund request because you were too "cowardly" as a client.
Any unpaid progress will be considered free of charge. Examples for unpaid progress may be, but are not exclusive to:
[NOTE] I sometimes finish a commission without ever getting paid by accident. I don't want this to be a burden on you so I don't demand payment afterwards. Obviously, it's appreciated but please don't feel obligated to do so.
As it's written in section 29, subsection 1 of URHG, I am legally unable to transfer my copyright to anybody. Instead, there will be an exclusive rights-of-use license for your commission. These rights include the use, distribution, reproduction, edit, and sublicensing of any export in a non-commercial way and with attribution. Additional rights, such as commercial-use, or limitations may be added upon agreement. I also retain the right to share the commission on any platform and permit everyone the same rights with attribution unless agreed upon otherwise.
[NOTE] I don't mind people sharing and reposting my art on other platforms, like e621 or even as youtube compilations. However, if you don't want your commission to be posted anywhere or on specific sites, please let me know!
Upon purchase, you confirm ownership or rights-of-use of all intellectual properties provided. You also agree to forfeit your right to refund for reasons related to IP and copyright. Additionally, you agree to follow the WFW-guideline, explained below, and accept the possibility of losing rights-of-use if the guidelines are infringed and you deny a request for a correction.
Unless specified otherwise, you may use the finished exports in any non-commercial way. You may sublicense or sell the commission if it is related to sub-licensing or selling a character design featured in said commission. However, conditional restrictions on distributing content may apply, such as the following rules:
Both us and any owner of a character in your commission may request said commission to be taken down for any reason. However, I may request a takedown myself, regardless of whether you used it commercially or not. Reasons for such takedowns are exclusively these conditions:
You forfeit your right of refund due to changes of the exclusive and non-exclusive rights-of-use lisence as a result of the conditions above.
NOTE] Another safety-net for the most extreme cases. I only use it if a client gets outed as an immoral person or a bigot and I want to remove any association with them. If you aren't, for example, a child groomer, transphobic asshole, or Trump supporter, then this section is of no concern for you. I won't abuse it just because of some personal quarrel or drama though.Deleting art for such reasons is simply petty.
My content uses a ratings system called Weird-For-Work (WFW). Contents are sorted in 3 ratings with only one being accessible to minors, too. The goal is to provide safe spaces for both minors to explore without indecent exposure and adults to express themselves freely without worrying of harming minors.
With focus on sexually suggestive themes, the ratings are defined as follows:
[NOTE] For example, a fat character eating a burger and wearing decent clothes would be rated as SFW. However, a fat character eating a burger in ill fitted and indecent clothes would be rated as WFW. A character showing off their body in a flirtatious way is always WFW, regardless of their body type.
The higher rating from both of our judgement will be the one applied to the commission. You may not treat the artwork as a lower rating, even if you disagree with the current rating. If an artwork is labeled WFW, it may be shared in adult spaces only, even if it would be considered SFW by the sites policy. Examples for proper sharing may be, but are not exclusive to:
My decision on how to rate my own content is final and I will request a correction if you infringe on these guidelines. If you refuse to take action, your exclusive rights of use for the artwork will be revoked and you will be blacklisted from future commissions until corrections have been made.
[NOTE] I know it's an extreme guideline but I feel very uncomfortable with the idea of minors, like my little brother, seeing my kinky content, even if it's technically SFW. It's also a system I advocate for people to adapt to. I genuinely believe it'll be a solution to the "kinky SFW" issue for everyone, both old and young. I'm happy to discuss disagreements but I beg you to respect at least my boundaries of sharing my content.