Private commission - Terms of service
BY RENDERING PAYMENT, YOU AGREE TO THE TERMS OF SERVICE
This Terms of Service is subject to change without notice.
Last updated November 21, 2021.
1. Client & Artist relationship
This Private Use Art Commission Agreement is made effective immediately upon initial payment:
You, the commissioner, hereinafter referred to as "Client,"
are commissioning me, Jazmin Saunders (“jazmarie.art,” “Jazmarie,” “Jazmin Marie,”) hereinafter referred to as “Artist”
to create an original work of art.
The Artist is free to provide services to others during the completion, and reserves the right to deny any potential services. At the completion of this Service, the Client will be granted a license to use the Work; the Client is not purchasing a physical or digital good.
2. Payment/Compensation
Any prices listed on public websites or social media profiles are listed in USD, and are considered starting prices.
Total cost may be higher depending on the scope of the project, and will be negotiable after Client receives initial quote. Once any payment is rendered, Client has agreed to the cost of the Service.
Payment plans are administered at Artist’s discretion, and will be done over PayPal subscription services. Any Client cancellation or chargebacks of these subscription services will be considered a cancellation of the Services provided by the Artist, the work on the commission will cease, the Client will not gain any license to the work, and any payments already made will not be refunded.
Payments in full will be paid through PayPal invoices. Any payments outside of these methods won’t be accepted.
Artist will receive a retainer of at least 25% of total estimated Cost prior to beginning the Service, and will not grant any license to Client until the full cost is paid.
Due to the nature of the services provided, the Artist cannot promise a specific completion time, estimates may be given upon request, but are not binding. Any time estimates will be treated purely as estimates and are not material to this agreement, due to the collaborative nature of the Services.
Client is not entitled to artwork or licenses until Artist has been paid in full or until the payment plan has been completed and paid in it’s entirety.
If a work is required at a specific date, Artist may require a Rush Job Fee of up to an additional 50% of total cost, depending on how soon the deadline is. Upon payment of the Rush Fee, Client’s work will be bumped to the top of the queue and the Service requested will take priority. Payment plans are not applicable to services with tight deadlines.
3. revisions
Works in Progress (WIPs) are available per request from Client.
During the WIP/sketch phase, client is allowed to ask for major and minor changes. Fees may be charged if the amount of changes significantly changes the initially agreed upon scope of the final work.
Once Client approves the sketch phase, and the Artist moves on to refinement stages, only 2 minor changes are included in the total cost afterwards.
Any additional minor revisions, or any major additions/revisions, will incur further fees, to be discussed at the time the revisions are requested.
What is considered a minor or major revision depends on the judgement of the Artist.
Artist retains the right to refuse any requests that would significantly alter the Scope of this Service, especially upon refusal of revision fees.
If Artist does not hear from Client within 14 days, the Work shall be considered accepted with no further changes permitted.
4. Cancellations
If Client decides to terminate this Agreement prior to receiving the Work, Client will compensate Artist as follows:
a. If the Work has been partially completed, Client will pay Artist for the partial completion. Regardless of how much has been completed, Client agrees to pay 50% of the total Fees as a kill fee for the Work. Client will not be entitled to receive the Work, and all intellectual property rights shall remain with Artist.
b. If the Work has been completed, Client will pay Artist the total Fees as listed in this Agreement. Client will be entitled to receive the Work if Client chooses.
The Artist reserves the right to stop work on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behavior, an inability to effectively communicate, or a breach of these Terms of Service. Refunds in these cases will be awarded at the Artist’s discretion.
5. Rights
Upon completion of final work and rendering of final payment, Artist grants the client perpetual, non-exclusive, non-commercial license to: upload to freely available online services; to modify (excluding modifications that would remove Artist’s attributions/watermarks or harm the integrity of the Artist’s business) or create derivative works of final work; and to copy, display, or distribute the Final Work in print. Client is granted the right to sub-license these rights, in whole or in part, to others.
Artist retains ownership and authorship of all works produced. Artist retains full rights over all materials created prior to Finalization.
In any event of refund or cancellation, ownership of all rights granted to Client under this term will revert back to Artist. Any grant of rights is contingent on payment in full and Finalization of this Service. Client agrees that a chargeback or reversal of payment will constitute a breach of these terms, and that this grant of rights will be revoked if Client does so.
Under no circumstances may the Client submit a Commission to any kind of contest.
Under no circumstances may the Client “mint” or use the Commission for an NFT.
The Client may not distribute, reproduce, or otherwise profit from the Work, beyond the resale of the original, [traditional art] Commission, or as it applies to new Terms of Service agreed upon in a Commercial Purpose Commission Agreement.
If the Commission is for Commercial Purpose, the Artist must be notified prior to the Start of Work. Commercial use of the Commission will be decided on a case-by-case basis. New Terms of Service must be written and agreed upon in a Commercial Purpose Commission Agreement before the Start of Work.
6. Indemnification
Client shall defend, indemnify, and hold Artist harmless from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys' fees) arising out of or resulting from Client's acts or omissions or the breach of any representation, warranty, or obligation under this Agreement.
7. FORCE MAJEURE
Artist is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
8. HEADINGS/Summaries
Headings to this Agreement, and any Summaries provided to clients are for convenience only. Headings or Summaries shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.