Terms of Service
Artist/Client Agreement for M. 'Idess' Sherwood
Aka Terms of Service
This page is for non-commercial projects only and may be revised, edited, or changed without notice. If there are any questions about anything on this page, please contact me.
Contact:
1) Contact between myself (the artist) and you (the client) will primarily be through email (art@idessart.com) unless agreed upon otherwise. I will not take commission information over instant messengers, website messages, phone text, etc.
3) If the client cannot be contacted through the means they provided for at least 3 months, their commission will be moved to the bottom of the artists' queue if they have already paid, or will be dropped if they have not paid. If the client does not reply after 6 months of no communication, the artist reserves the right to cancel the commission and offer a 25% refund of the original commission price or a credit of 75% of the commission price towards merchandise only. No communication from the client after one year (12 months) will result in the commission being dropped and payment void.
4) If the artwork is finished and the client cannot be reached, the final files will be sent to the client anyway and the artwork will be posted as normal. For traditional work, if a shipping address was provided it will be shipped it to the address with or without confirmation after 2 months of no communication. If no address is provided, the artwork will be held for 6 months after finishing. After 6 months of no communication, the client forfeits their right to receive the artwork and the artist has the right to do whatever they see fit with the original artwork.
Rights:
1) As the artist, the rights to an image belong to me. I reserve the right to use any image I create how I see fit. This includes, but is not limited to, making prints of the image, using the image in personal Portfolios, using the piece for advertisement, posting the image publicly online, or selling the original (if the commission is traditional and you decided not to get it shipped to you).
2) If I sell the rights of your commission to you, I am selling any profit I might later make from the image. Therefore, I reserve all rights to charge accordingly.
3) I retain the rights to display your image on my personal art galleries, pages, and websites. Images may be kept private (no public posting) with a 25% additional charge. This charge can be waived if you allow me to recolor the character(s) (digital only) or manipulate the painting (traditional) to post publicly.
4) If the artwork is a surprise or a gift, just let me know and I will withhold from posting it publicly until the event has passed (birthdays, holidays, anniversaries, etc.).
5) Clients are more than welcome to upload their commission to their own online art galleries and web pages as long as credit is given to me as the artist, and as long as they upload the 'public' version of the image that contains my watermark and signature.
6) The client may not make profit from the commissioned artwork with the exception of reselling the original or artist-made print.
7) Clients do not have the right to mint/sell their commissions for NFT or any other digital tokens, currency, etc. My artwork will never be for sale for NFTs and any rights a client may purchase beforehand for a commission does not include reselling for NFTs and it would be against the Terms of Service to do so.
8) The client may crop or resize the artwork for icons, banners, etc as long as you do not alter the artwork itself.
Payment:
1) All payments must be made in United States Dollars.
2) Payment methods accepted include Square Cash, Square Invoice, or Paypal.
3) For commissions under $100, I will ask for full payment before work begins. For commissions over $100 client has a choice to pay a 25% down payment up front. The other 75% will be paid after I have showed you the sketch and you agree to let me continue with the piece. If you prefer to pay the entire cost of the commission up front no matter what the price is, that is fine.
4) I will not start any commission without receiving some sort of payment first.
Refunds:
1) If the client decides to withdraw from the commission before it is started, I will refund 100% of money sent. If you cancel the commission after the sketch stage, 75% of total price of commission will be refunded. No refunds will be given if the image is completed or close to being completed and client asks to withdraw from the commission.
2) I reserve the right to issue a partial or full refund (depending on the current stage of the artwork) due to rude behavior, lack of communication, or inability to communicate with the client.
Rush Orders and Fees:
1) If a commission request has a deadline of 30 days or less from initial contact email, a $50 rush fee may be applied at my discretion.
2) Rush orders with a deadline of 14 days or less are only accepted on a case-by-case basis and, if accepted, are subject to a non-negotiable 50% rush fee at my discretion.
Content:
1) I will not draw anything above an "R" rating. No pornographic material. Nudity and suggestive material is OK.
2) I will not draw anything I personally feel uncomfortable with or steps over legal or moral boundaries (heavy drug use, murder, abuse, extreme fetishes, etc.). If you're not sure your idea will fall under these categories, I will gladly answer any questions.
3) Please be aware of subject matters that I do not draw well, including humans and humanoid characters, machinery, automobiles, robotics, extremely muscled characters, and extremely overweight characters. These are subjects I am willing to try if asked, but cannot guarantee my best work.
Revisions:
1) With the exception of Sketch, Ink, Badges, and Telegram Sticker commissions, I will always show the commissioner a sketch before continuing on with the coloring, the only exception being the above or at-convention artwork. It is OK for the commissioner to ask for any changes, known as revisions, during this stage.
2) For Full Illustration Commissions: After 4 minor revisions or 1 major revisions of the sketch (minor being marking alterations, minor change of limbs, expression change, etc) (major being complete pose change, complete scene change, etc.), I may begin charging a fee for each extra revision.
For Colored Sketch/Basic Commissions: After 2 minor revisions of the sketch (minor being marking alterations, minor change of limbs, expression change, etc), I may begin charging a fee for each extra revision. Any major revision of a sketch for smaller commissions may incur an extra re-sketch fee.
(All above revision charges are on a case-by-case basis and up to the artist in the situation, and not always a determined fee.)
3) Once a commission is finished, I will only allow 1 minor revision requests before charging extra. It is very hard to change a finished picture, especially in traditional media, so the charge after 2 revisions will be higher than the sketch revisions.
4) I retain the right to refuse a revision request on traditional pieces if I cannot successfully pull off the change without ruining the final product.
Originals and Shipping:
1) If you ordered a traditional media commission (anything drawn on a physical surface, ie not digital), you will be offered to receive the original. The price for shipping your original will be stated in our discussion. Depending on the size of the piece, the average price of shipping within the US is $7-15. If your commission is a large digital commission, you will receive a high resolution file. A high quality matte print of your commission can be added for a discounted price. Please notify me during the initial discussion of your commission if you'd like a print of the finished artwork.
2) Original sketches of Illustrations will not be shipped unless they are specifically asked for (with the exception of Sketch Commissions, which may be shipped). Most of the time, I do not work on commission sketches on a separate piece of paper and they may be in a sketchbook or otherwise unable to be separated.
3) I reserve the right to sell any original sketches and/or original paintings/artwork that are not shipped to the client.
Style:
1 )By commissioning me you are commissioning me for my style of artwork. If you want a commission to look like a different artist, then by all means commission that artist and not me. I do not mind if you ask me to make your piece slightly more realistic or slightly more cartoony. But if you do not specify this beforehand, I will draw it in the style that I would normally. I do not mind being asked to draw different types of anatomy, like plantigrade instead of digitigrade, etc.
Commission Order:
1) I will try my best to work on commissions in the order of payment received, but cannot guarantee this order will be followed due to factors of communication with the client, availability of a particular medium, current inspiration, etc.
2) Commissions with specific deadlines or due dates may be pushed to the top of the queue above other commissions to be able to finish in time.
Thank you very much for reading this. I hope it will help my clients feel more familiar with the way I work and how I do things. If you have any questions please contact me at art@idessart.com