To try and cover allot if not all of the bases here. (2024)

I have opened my art skills to be sold to the public in the form of commission based projects. With that being stated I wish only to turn out the best possible work that I will be able to produce and to be paid for the services rendered. Below I will state the terms of using my services, AND what the commissioner (the buyer) should be expecting.

Terms of Services

1) These Terms of Service are for NONCOMMERCIAL projects and are only subject to revising, editing, and additions by the buyer without notice.
2) I (the artist) work on a non-deadline schedule. But I will still attempt to deliver the final product in a timely and professional manner. If you (the client) feel as though a progress update is required contact me at MercuriumsMM@gmail.com. Harassment will not be tolerated and may result in termination of the commission with the appropriate refund value (see 10, 11, 12)
3) By commissioning the artist you agree that you are of 18 years of age or older.
4) Displayed base prices will be subject to change based on complexity, difficulty, size and medium of each individual piece.
5) Clear visual references must be provided by the client. 3D work is almost impossible to get right just on a little character description so reference sheets are needed, sorry.
6) Wing it commissions require a reference but the overall idea of the piece is up to the artist (me). The artist will provide updates of how the piece looks so the client can point out areas of adjustment as needed.
7) Standard commissions the client will have to provide a clear idea of what they want the artist to depict, Artist will try to clarify unclear ideas, but anything left unclear will be up to the Artists interpretation.
8) Payments $200 and under must be made up front in full. Payment plans are available for commissions above $200
9) If the artwork is finished before final payments are made, the client will not receive the original paint/drawing or un-watermarked digital image, or obj/blender file of the commission until final payments are made.
10) If the client wishes to cancel their commission during the sketch, sculpt, modeling, stages they will be refunded 75% of what they paid
11)If the client wishes to cancel their commission during the materials, texturing or retopology stages they will be refunded 50% of what they paid
12) If the client wishes to cancel their commission during or after the rigging/animation stages they will not be issued a refund
13) The artist reserves the right to issue a refund and cancel a commission due to poor communication, rude or inappropriate behavior, subject matter, or inability to communicate in effective English
14) The artist will not discuss a commission with a client via public forums. Communication about commissions about commissions between client and Artist will be made through Email (MercuriumsMM@gmail.com) or a Private Discord (Mercurium) to ensure all information and communications are consolidated in one location
15) The Artist ensures the client will receive email/DM updates on commission when necessary. Clients are encouraged to check in when they feel it's necessary for updates, assurance or reminders. Public updates may also be made via https://www.furaffinity.net/user/lu.....angelespennae/ Profile page.
16) The artist will not handle depictions of illegal activities, materials and hateful images.
17) 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.
18) The client retains all rights to their respective character. This does not allow them sole rights to the commissioned image(s) or products (see 19 - 29).
19) The Artist retains the right to display all commissioned work on any personal website, gallery, advertisement or journal. If the commissioned work is a time-sensitive gift the artist may delay public showcase at the request of the client.
20) The Artist retains ALL the rights to the commissioned artwork, including the right to make prints, merchandise, character blanks, generic bases* (if applicable), retextures*, and rigs (bones) from the finished model. Image rights and/or exclusive ownership can be negotiated for an added fee***.
21) For paintings and drawings; the Client may not profit from the artwork beyond the resale of a physical original painting or drawings, (traditional media, not digital). This includes the sale of the digital files, or rights to the image.
22) For digital paintings and traditional art the client may create prints for personal use (display in their home or as gifts). Clients may also resize or crop the artwork to create icons, wallpapers, or other graphics to be used in non-commercial digital format, but the client cannot alter the artwork itself. The client may also upload the artwork to their personal website or gallery, but credit is required, and it must not be any high resolution or un-watermarked version of the artwork
23) For 3D media all of rule 19 & 20 applies with the following exceptions: If the final product includes a .blend or obj file the client may attempt to re-position/re-pose the 3d model, lighting, environment, or equipment. They may use the model to create pictures (renders) or animations and post them to their personal profiles. The model can be retextured (recolored) and have new objects attached to the model (clothing, armor, weapons, etc.). But may not make any alterations by adding of any age-rating altering materials (don't make a pg model x-rated by adding genitals).
24) The client may sell their own renders and animations using the artist's model without permission of the artist as long as they are still credited for the creation of the model.
25) The client may sell the model as a whole and relinquish any further rights to use the model for their own personal renders or animations.
26) The client may sell physical copies of the model as 3D prints.
27) The client may NOT sell digital copies of the model itself on digital storefronts (gumroad, turbosquid, etc.), or as an incentive for membership (patreon, ko-fi).
28) The artist may recycle sketches, sculpts and preparatory works that were rejected by the commissioner for other commissions or personal works.
29) The client may not use the commissioned or free art for any NFTs.
30) If sent a 3D file as part of the final product, the artist is not liable for teaching the client how to use a 3d program. Or how to set up the 3D file in a program
31) Any download link used to share the file will likely have an expiration date on it. It is recommended that the client keep copies of the file just in case of accidentally saving a file in an undesirable state. It is not the artist's responsibility if the file is lost, corrupted or "unfixable". But contact the artist at MercuriumsMM[at]gmail.com for a renewed link if all hope is lost. Abusing this will not be tolerated and repeated requests will be denied.
32) The client will be provided with a high quality unwatermarked image for personal use, and a watermarked image for uploading to their own profiles.
-3D images may have additional files, such as obj/fbx/blend files and file packages with all the textures files for the 3d model.
33) The Client must read, understand and agree to all the above terms before entering into an agreement with the Artist. By entering an agreement with the artist for their work the client is treated as agreeing to the terms and services provided here.

*Generic bases will be a blank (texture-less) or retextured "base" verson of the model to be sold as a public model. This means I will strip and redesign anything and everything unique to the client's character, this includes but not limited to:
-body details (horns, wings, feathers, fur, genitals, internal organs, etc.)
-**equipment (cloths, armor, weapons, gadgets/accessories, etc.)
-special effects (flames, fluids, "magic effects" and so on)
-Rigs and controls for things listed above and possibly more
**Things like equipment may be packaged and sold as "blank" versions on their own.
*** If the client's commission is for a closed species, or one unique to the client then there needs to be a negotiation for exclusive rights between the artist and client.

By sending payment or entering a commission contract with the artist, the client will be considered in agreement to the above terms and any additional terms listed on any submissions in the description.