F1urps’ Commission Terms Of Service

Before I accept payment for any commission, both myself and the client will sign a contract agreeing to the following terms.

This is for the protection of both parties to ensure both sides of the transaction are delivered fairly.

TL;DR:

  1. I won’t start working on the commission until you’ve paid at least half up front.

  2. I won’t deliver the finished commission to you until you’ve paid the full amount.

  3. I work at my own pace and I’m not obligated to meet any deadlines.

  4. If I give you a result that’s unfinished or poor quality, you’re entitled to a refund.

  5. No fanart of copyrighted characters, defamatory or illegal content, or NSFW depictions of minors.

  6. No NSFW commissions if you’re a minor.

  7. You’re liable for damages if you request illegal content without my knowledge.

  8. I hold copyright for the artwork, but you’re free to use it.

  9. Don’t use my art to train AI.

  10. I can cancel your commission anytime and give you a full refund.

  11. If you don’t get your commission for at least 180 days (6 months), you can cancel it and get a refund.

Full Legal Text:

The following terms are part of and contained within the attached Art Commission Contract which is signed by the Client and the Artist.

Payment:

All fees shall be invoiced to the Client in the total amount stated in the attached quote. The Artist shall be under no obligation to proceed with any commission work or service until the Artist receives payment from the Client in at least half of the total amount, and the Artist shall be under no obligation to provide any materials or deliverables to the Client until the Artist receives payment from the Client in the entire total amount.

Timeline:

The Artist shall proceed with the commissioned work or service at the Artist’s own convenience and is not obligated to meet any deadline. The Client and the Artist shall both make reasonable efforts to cooperate and communicate with each other to ensure the project’s completion in a reasonable and timely manner.

Product Quality:

The final product delivered by the Artist to the Client must be a complete, finished artwork, exhibiting a level of artistic quality and competence comparable to other similar artworks published by the Artist, and bear reasonable similarity to the product description and criteria requested by the Client. The content of the artwork may bear artistic or stylistic elements, embellishments, additions, omissions, variations, or alterations that differ from what is requested by the Client, at the Artist’s sole discretion. The content of the artwork may bear similarity to previously created works, but must not be an exact recreation or duplicate of any previously existing work. If the product received by the Client satisfies the above requirements, then upon its delivery, the Client must accept it, and the Artist shall have no further obligation to deliver any additional materials, deliverables, or services to the Client. If the product received by the Client fails to satisfy the above requirements, the Client shall receive a full refund for all payments upon written notice to the Artist.

Acceptable Content:

The Client may not request any content containing copyrighted characters, symbols, or marks not owned by either the Client or the Artist. The Client may not request any content containing defamatory material, obscene depictions of minors, or any other illegal content. If the Client is under 18 years of age as of the Effective Date of this contract, the Client may not request any content containing pornographic, erotic, or otherwise obscene material. Both the Artist and the Client shall make reasonable efforts to ensure that the commissioned artwork does not contain any such content. If the Client requests any such content without the Artist’s knowledge, and the Artist creates a commissioned artwork for the Client which contains that content, the Client alone shall be held responsible for any and all associated damages.

Copyright and Acceptable Use:

The Artist shall remain the sole copyright holder for all commissioned artwork. The Client is allowed unlimited royalty-free use of the artwork for personal or commercial purposes, including display, distribution, or modification, provided that such use is not defamatory towards the Artist or the Artist’s business, and the Artist is fully credited for the creation of the original artwork. No other third party is allowed to use the artwork for any purpose without written permission from the Client. No commissioned artwork created by the Artist may be used to train AI image generation models.

Termination:

This contract shall be terminated upon the Client’s acceptance of the deliverables and once all due payments are received by the Artist. This contract can be voluntarily terminated by the Artist, upon written notice to the Client, at any time; or by the Client, upon written notice to the Artist, if at least 180 days have passed since the Effective Date of this contract and no materials or deliverables have been delivered by the Artist to the Client. When this contract is voluntarily terminated, the Artist shall fully refund all payments made by the Client under this contract, and the Artist shall have no further obligation to deliver any additional materials, deliverables, or services to the Client.

Severability:

In the event that any provision of this contract is deemed to be invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of this contract, and all other provisions shall remain in full force as valid and enforceable.

Governing Law:

The Client and the Artist agree that this contract shall be governed by the laws of the State of Texas.

Entire Contract:

The Client and the Artist acknowledge that this contract sets forth and represents the entire contract between both parties. In the event that the parties are willing to change, add, or modify any terms therein, they shall be in writing and signed by both parties.