Terms of service.

AKA Elaine’s Commission Guide

By Ordering a commission you agree to these terms of service

General

  1. I retain the right to turn down any commission request for any reason, and I do not have to disclose why I am turning it down.

  2. All Commissions are done under contract, even simple sketches.

  3. Payment is 50% upon contract signing, with returns forfeited as soon as the sketches are approved. If I have started the rendering phase, and everything was approved to go forward, and the job gets canceled, there is a 25% kill fee. This is non-negotiable.

  4. If I have to terminate the commission, your 50% deposit will be returned to you and there is no kill fee.

  5. Commissioned pieces may be used personally, but may not be redistributed for financial gain. If the work is going to be used for marketing, a discussion over email and a tailored contract will be developed regarding licensing.

    • EXAMPLE: I painted your D&D Crew. I can get you a high-quality poster size of the artwork itself, or you can take it to a print shop and make it yourself. Using it as an icon, or as a signature piece of art is also approved automatically. If you want your character art on an individual journal, talk to me, I know some manufacturers. That all falls under personal use.

    •  If you are planning to use it in a marketing campaign, or sell it by putting the design on merchandise such as stickers, backpacks, and other physical and digital items, a discussion about collaboration or a licensing fee will be addressed.

  6. Once Sketches and color-roughs have been approved, you have 2 opportunities to make adjustments to the art in the rendering phase. If the changes are significant, or more than two, additional billing will occur.

  7. Any deadlines that need to be pushed either ahead or behind will be discussed and agreed on in a written email with approval from both parties.

  8. There are no open deadlines in this house. Even if there is no rush, a “suggested Deadline” will be appointed to your project. This is more for me than it is for you. I need a deadline, and I know this about myself.

  9. You will be able to follow along with the commission progress based on a Trello board, as well as see the progress I am making on other commissions. If you are concerned about the commission's progress, you may email me.

  10. Patrons and my Dungeon Master’s will always get early access to the commission queue.

  11. The artwork may not, and will not be turned into an NFT at anytime.

What To Expect

 

Character Artwork

What are you looking for out of the commission?

  • A form for you to fill out regarding your Character(s) personality and looks

  • Signing of the Contact

  • 3-15 thumbnails for both poses and color roughs.

  • The sketch with the flat final color rough

  • WIP updates as outlined in the contact

  • We can discuss if I’m streaming the artwork and you can watch it come to life!

  • The final artwork!

  • Revisions if needed

  • OPTIONAL: Signed and mailed physical copies of the artwork to you

Fine Art Paintings

What you are looking for out of the commission

  • A form to describe the type of artwork you are interested in

  • Signing the Contract

  • 3-15 thumbnails and color roughs

  • The sketch and the flat final color rough

  • WIP updates as outlined in the contract

  • Discussions about recorded painting segments as it comes to life!

  • Revisions if needed

  • The final artwork, mailed and shipped to your home.

Commercial Art

What you are looking for out of the commission

  • NDA, Advertising WIP, how the commission will be used

  • Negotiating and Signing the contract

  • A mood board depicting the thematic you have expressed interest in to make sure we are on exactly the same page. This can be revised up to five times.

  • 5-30 thumbnails and color roughs

  • The sketch mock-up with the flat final color rough

  • WIP updates as outlined in the contract

  • Revisions if needed.

  • The final artwork delivery

FAQs

 

Licensing

A license agreement is separate from the commission itself. Unless otherwise stated, I retain the full rights to reproduction and further usage of the art. The cost of purchasing a license for the artwork will depend on what the artwork is being licensed for.

If you are looking for a transfer of ownership with exclusive rights we will discuss future plans with how you will be utilizing the artwork as well as similar past projects and net income from said projects, using projections based on those evaluations will help us discuss the next steps in negotiations regarding: royalties, how many years you get exclusive rights, and buy-out potential.

Fan Art

Fan art commissioned is exclusively for personal use. There are no exceptions to this: If I do not own the IP, the artwork is not to be sold.

I will not draw celebrities, but I will draw the characters they have played.

NSFW Rules

  • 18+ only. This includes the characters that look like they are a child but are 2000 years old. I will not draw anyone with child-like features engaging sexually. 

  • All parties in the artwork have enthusiastic consent.

  • If the NSFW is fan art, I will not draw canonically underage characters aged up engaging in sexual activity. That sort of stuff shows up in search engines while kids are looking up their favorites. It’s just not something I’m comfortable with.

  • If buying gift art and you are looking to get sexualized artwork of someone else's OC: I need screenshotted consent that this would be okay for me to draw. This can be as simple as them re-tweeting other artwork of their character or screenshots of a hypothetical question being asked through text, but no matter what, I need to see that the other person is alright with their character being depicted explicitly.