TERMS OF SERVICE

The rights and responsibilities below apply generally to personal commissions.

To negotiate commercial terms instead, contact me directly at: lindsey.burcar@gmail.com

I.  GENERAL TERMS

1. By sending payment, the Client agrees to the Terms of Service of the Artist.

2. The Artist reserves the right to deny a commission for any reason.

3. The Artist reserves the right to discontinue a commission at any time, at which point a full refund will be issued. Any artwork created in efforts towards the terminated commission may be recycled into future use by the Artist at their discretion. The Client does not retain personal use permissions to the image(s).

4. The Client may request to cancel a commission for a partial refund. If little to no work has begun, the Artist may issue a 75% refund. If work has been underway, the artist may issue a 50% refund. If the work is nearly complete, the artist may choose not to issue a refund. The artist will provide the commission in its current state to the Client at the time of cancellation.

5. The Artist may, but is not obligated, to stream the progress of or otherwise record the making of the commission and share it.

II. ORDERING

1. Quotes can be requested even when commissions are closed, but the Artist may take longer to respond to inquiries during such times.

2. If a commission request involves participation from multiple people, please choose one person from the group to be a representative for the others and be in direct communication with the Artist.

3. While detailed descriptions of subjects in a commission prompt are highly encouraged, please make sure they are summarized and concise. I love it when Clients are passionate about their characters, but please be considerate of my time spent reading!

4. Reference material that the Client sends to the Artist may not be explicit or adult rated in nature.

5. The Artist will decline commissions which are illegal, violent, or sexually explicit.

III. PAYMENT

1. Payment is expected up front for all commission orders under $500. For commissions >$500, a payment schedule can be negotiated between the Artist and the Client on a case-by-case basis.

2. The Artist will begin work only when the commission has been fully paid for, OR up to the level of completion that is covered by the amount of payment received, at the Artist’s discretion.

IV. CREATIVE PROCESS

1. Commission work is generally queued in the order that it is received, but priority is reserved for projects with strict timelines. Sometimes the Artist will hop between projects to keep momentum high or while waiting on feedback from a Client.

2. If a rush order is desired, this must be discussed and agreed upon before the initial quote. Short deadlines incur a 50% increase in total price.

3. The Client must provide clear visual and/or textual references through email or order form. Commissions with no visual references may incur a fee at the artist’s discretion due to the process of design work being more involved, with need for multiple stages of feedback and communication.

4. During the commission, the Artist will regularly update the Client through email, and the Client is also welcome to contact the Artist.

5. Both the client and the artist are responsible for clear and timely communication, but ultimately the client is responsible for clearly communicating their commission requirements to the artist, and this must be documented through email. The artist is not responsible for requirements which were not communicated via email.

6. Clients will receive at least one rough sketch for review and feedback before The Artist progresses further.

7. If feedback and requested edits from the Client reach a threshold beyond the Artists reasonable expectations, the Artist will notify the Client that further hourly compensation will be needed for subsequent edits past this point.

8. Low resolution, work-in-progress updates will be supplied regularly for larger scale projects, and upon request for smaller scale works.

9. Upon completion the Artist will deliver two final files to the Client; a large resolution digital file and a smaller watermarked version for web sharing.

10. Timelines for commission may change based on the Artist’s convention schedule, health, holidays, and the general ebb and flow of the creative process.

V. IMAGE RIGHTS

1. The Client is granted personal use to the artwork only. All copyright, commercial,  and distribution rights are retained by the Artist. The Client may not profit from or distribute the artwork physically or digitally, nor mint the artwork as an NFT under any circumstances unless you have express written permission from the Artist and you have paid for the right to do so. The Client also may not use the artwork in any published material, commercial or otherwise, on any online marketplace, or for data generated images (AI).

2. Unless exclusive rights are purchased by the Client, the Artist retains the right to print the finished image in any media or platform upon their own discretion for personal or monetary gain.

3. For an additional fee, the Client may request that their character(s) featured in the artwork be altered to appear different prior to becoming prints and/or other merchandise. The Artist is open to discussing any pre-print alterations as long as they are requested prior to the creation of the artwork.  Any alterations requested after the completion of the artwork may not be considered due to difficulty in implementing at their point. The Artist may also choose to do this of their own accord.

4. The Artist has the right to license artwork to third parties. However, the Client will be notified if a third party is interested in obtaining a license for the commissioned artwork.  If the Client does not wish their commission to be licensed to a particular third party, the Artist will respect the Client’s wishes and decline the licensing offer.

5. The Client may create up to three prints for personal use (display in their home or as gifts). The Client 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 is not granted permission to alter the artwork itself. The Client may upload the artwork to their personal website or gallery, provided that the Client includes credit to the Artist within the title or description of the artwork, that the artwork is presented at a reduced resolution retaining any and all watermarks applied by the Artist.

6. The Client (or original owner) retains ownership of likenesses or characters in the commission. This does not grant them rights to the commissioned image.

7. The Artist has the right to recycle rejected sketches and preparatory work for their own projects. These preliminary creations remain property of the Artist.

The Client must read, understand, and agree to all the above terms before entering into an agreement with the Artist. By sending payment, the Client is agreeing to the above terms.

For questions about these terms, or to inquire about commercial commissions, please contact the artist at: lindsey.burcar@gmail.com.