Terms and Conditions
[DECLINE OF OFFERS]
The Artist has the right to refuse any Commission request, without needing to explain the reason.
[ARTIST CANCELLATION OF COMMISSION]
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 in the English language, or a breach of these Terms of Service.
[EXPLICIT CONTENT]
The Artist will not create any depiction of sexually explicit (i.e., “x-rated”, pornographic, simulated sex, or sexual arousal) materials, fetishes, or any form of hateful or racist imagery.
[COPYRIGHT/TRADEMARKED CHARACTERS]
The Artist will not reproduce a copyrighted image or character without consent of its copyright owner, and as it pertains to United States Copyright Law ( http://copyright.gov/title17/ ).
[ARTIST COPYRIGHT AND REPRODUCTION]
By commissioning the Artist, the Client is purchasing the Artist’s labor only. The Artist retains all rights to the Commission, which includes but is not limited to: Distribution, reproduction, use of the Commission for Artist promotion (e.g. Profiles, Personal Space, Public Space, as defined in the Definitions section herein, etc.); or as it applies to new Terms of Service agreed upon in a Commercial Purpose Commission Agreement as defined in the Definitions section herein.
If a commission is stopped or cancelled after work has started, all drafts and sketches sent to Client are still the Artist's work and the artist has full rights over them. The Client may not copy, trace, print, or send drafts or sketches of work in any form (including screenshots), to use for themselves or give to another artist.
[COMMISSION DESCRIPTION]
The Client must specify the colors, content, and desired display size of their Commission to the best of their ability prior to a Commission Agreement.
The Artist will not discuss a commission with a Client via public forum, instant messenger, or private note. Communications about commissions between Client and Artist will be made only through email (bribriscraftycorner@gmail.com) to ensure all information and communications are consolidated in one location. (For the sake of consolidation, please also ensure that commission emails are sent and replied to via computer, as emails sent from mobile devices can sometimes send as separate messages and end up cluttering/getting lost in the inbox they are sent to.)
[PRICE AND PAYMENT]
The price will be decided by the Artist and Client beforehand and be based upon canvas size and complexity of the completed work.
The Artist requires a non-refundable 50% payment up front before Start of Work, unless otherwise agreed upon in the Commission Agreement. In the event that payment is made in installments (i.e. 50% up-front), ownership of the Commission will only pass from the Artist to the Client on receipt of payment in full. The Commission will not be sent to the Client until the agreed payment amount has been received.
All prices are expressed in U.S. dollars (USD), and payments are expected to be made as such. The Client is responsible for providing the correct amount, equal to the USD amount. Please visit www.XE.com for accurate currency conversions. Payment method is determined as written in the Commission Agreement prior to the Start of Work (i.e. bank account transfer, PayPal).
[DEADLINES]
The Artist, to the best of their ability, can give a general indication of how long the Commission will take to complete, and when the Client can expect to receive the finished product prior to the Start of Work. The Artist can inform the Client regularly or progress (including photos) or if changes to completion times have occurred. The Artist is not obliged to explain reasoning behind extensions or delays for the completion of a Commission, but will often do so out of courtesy.
If the Commission is time-sensitive, a rush fee may be applied, to be defined and agreed upon in the Commission Agreement prior to Start of Work.
[CONFIDENTIALITY]
If the Commission is defined as confidential in the Commission Agreement, the Artist will temporarily delay public display of the image at the request of the Client and as defined in the Commission Agreement until such time the Commission Agreement specifies public display is permitted. A Client may not request the Artist to complete a Commission without defining the timespan in the Commission Agreement to eventually allow the Artist to publicly display the image.
[CLIENT’S USE OF THE COMMISSION]
The Client may not distribute, reproduce, or otherwise profit from the Commission, beyond the resale of the original, or as it applies to new Terms of Service agreed upon in a Commercial Purpose Commission Agreement as defined in the Definitions section herein.
The client may not edit, alter, or trace the Commission without the Artist’s expressed, written permission.
The Client may not incorporate the Commission in another work of art (or another Artist’s Commission) without the Artist’s expressed, written permission. A take-down notice will be issued in such cases and the Artist has the right to pursue damages.
Under no circumstances may the Client submit a Commission to any kind of contest.
[SHIPPING]
The Client is responsible for all shipment costs. The Client will pay the shipping costs of the Commission from The United States to the country of destination including tracking, insurance and destination taxes. The Client is responsible for ensuring that their contact details are true and correct. Either party shall notify the other party in case of change of address prior to such change. The Artist is not responsible if the artwork mailed is lost or damaged by the mailing company before reaching the Client. If the Client wants a specific carrier of their choice, it needs to be communicated to the Artist
[COMMERCIAL USE]
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.
[STATUS UPDATES]
The Client may request a preview of the Commission at any time during the creation process, but may not request changes to the Commission after Start of Work, unless a change process is agreed upon in the Commission Agreement prior to Start of Work.
[REFUND POLICY]
Refunds may only be issued if the Client notifies the Artist prior to Start of Work. No refunds will be issued after Start of Work, nor will a refund be issued before or after Start of Work if any of these Terms of Service are breached. Additionally, the Artist has the right to revoke access to, and stop work of, the Commission at any time after Start of Work if these Terms of Service are breached. In that case, the Artist will retain the artwork and the non-refundable deposit.
The Artist is not responsible for any damages made to the Commission except for those inflicted at the fault of the Artist or during the Artist’s possession. The Artist will contact the Client should this occur. If the Commission has been damaged but the Client wants to retain ownership, the Artist will refund a percentage of the full amount back to the Client. Any damages or misplacement caused at the fault of the Client or during the Client's possession will not be refunded.
The Artist is also not responsible for any theft or misplacement of the Commission. The Artist will ensure packaging of the Commission is safe and secure, and will provide postage and tracking details to the Client once the Commission has been posted. The Client accepts all possible risks once the Commission Agreement and payment have been made.
[DAMAGES]
The Artist has the right to pursue damages under United States Copyright Law ( http://copyright.gov/title17/ ), should there exist a violation in addition to a breach of these Terms of Service.
DEFINITIONS
Artist: The individual producing the Commission (“BriBrisCraftyCorner,” “BriBri’s Crafty Corner,” “Brianna Townsend” ).
Client: The individual purchasing the Commission.
Commission: The form of service provided by the Artist to the Client per the Commission Agreement. “Commission,” “Art[work],” “Image[ry],” and “Project[s]” are used interchangeably herein and in Commission correspondence.
Commission Agreement: The discussion, documented via email, in which the Artist and Client agree to the subject matter and type of Commission to be produced, the Commission price, the point in time in which the Artist is expected to commence in Start of Work, and – if applicable – the Commission deadline, early termination circumstances, rush fees, and/or whether or not the Commission can be immediately displayed in the Artist’s portfolio. This Commission Agreement shall remain on record with the Artist, along with any other documents related to the Commission, for at least two years. Ultimately, the Commission Agreement will usually conclude with:
“This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior communications between Artist/Client with respect to such matters. No modification of, or amendment to, this Agreement – or any waiver of any rights under this Agreement – will be effective unless in writing and signed by the Artist.”
Start of Work: The point in time by which the Client has approved the Artist to start work on the Commission (e.g., Artist begins to create the Commission).
Profile(s): Online locations where the Commission may be displayed (e.g., “galleries,” such as bribriscraftycorner.com, Facebook and Twitter albums, Instagram, TikTok, etc.). “Profile(s)'' do not include any sites that display hateful or racist imagery, illegal activities, or sites known to display, reproduce, and/or sell works without crediting the Artist. Additionally, no Commission may be displayed without notifying the Artist first, or as agreed upon in the Commission Agreement.
Personal Space: Non-public, offline locations (e.g., home or office); i.e., no business involving the Commission is being conducted.
Public Space: Offline locations that do not fall under “Personal Space” above.
Commercial Purpose: Any image or project to be commissioned that does not fall under the type of use specified in these Terms of Service. New Terms of Service shall be developed and agreed upon in a Commercial Purpose Commission Agreement prior to Start of Work.
Commercial Purpose Commission Agreement: A Commission Agreement developed specifically for Commercial Purpose Commissions. A Commercial Purpose Commission Agreement requires separate Terms of Service, developed on a case-by-case basis.