TERMS OF SERVICE - READ ME FIRST

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TERMS OF SERVICE - READ ME FIRST

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!! PLEASE READ ALL THE INFORMATION HERE BEFORE COMMISSIONING ME !!

For my adoptable TOS, please visit the Designs tab!

Table of Contents:

  1. Contact Information

  2. Slot Availability

  3. Pricing and Payment
    Surcharges

  4. Refunds and Cancellations

  5. Process

  6. Turnaround

  7. Rights and Distribution

  8. What I Will Do

  9. What I Won’t Do

CONTACT INFORMATION:

Please contact me with commission questions or inquiries through email only (laviesurles@gmail.com). In the event of a technical difficulty or the need for more real-time correspondence (such as with a design commission), Discord is an acceptable alternative (sunkenstars #4077), but I prefer email first!

Tips are always very welcome and appreciated! Please use my Ko-fi to tip. You can also subscribe to me on Sponsus to get discounted monthly commissions and access to streams, WIPs, and other fun stuff! I also just recently got a shop on INPRNT where I’m selling some of my fanart.
Additionally, I’ve created a Google Form where you can give me feedback after I’ve completed your commission. It is anonymous!

Here is where you can find my work. If you see anyone other than these specific users posting my work or any of my art being minted as NFTs, please contact me immediately.

Email - laviesurles@gmail.com
Tumblr - @LavenderArts
DeviantART - Lavender-Arts
Twitter - @LavenderArts_, @Lav_AfterDark (18+ only)
Twitch.tv - LavenderArts
ToyHou.se - LavenderArts

SLOT AVAILABILITY:

If all slots are full, you may email me to be waitlisted. Once all slots have opened back up, waitlisters will be contacted and asked if they want to move into the queue. There is no obligation at this time, you may refuse and give up your slot if you wish.

You may request up to 3 separate pieces per commission slot. For reference sheet commissions, you can request as many individual sheets as you like, with a 3 character limit instead.

PRICING AND PAYMENT:

Payment is done upfront only via Stripe invoice. Stripe is a PayPal alternative; you do not need an account to pay your invoice, just an email address for me to send it to and a card with which to pay. IF AND ONLY IF an issue arises preventing you from paying the Stripe invoice, I have a PayPal as backup. For unusually large commissions over $250 in cost, I am willing to discuss payment plans. A down payment of at least $125 must be made upfront, with the remainder being paid off upon receiving the finished product.

All prices shown are minimums. Any additional costs will be discussed prior to sending an invoice.

Surcharges include:

  • very detailed/specific markings, such as complex tattoos, leopard spots, etc. - (+$30)

  • wings or antlers/animal horns (typical demon/Tiefling horns do not apply) - (+$15)

  • detailed mechanical parts such as complex prosthesis, or complex mechanical characters - (+$30)

  • very detailed clothing/accessories (think fashion show) or armor (think WoW or Elder Scrolls) - (+$40)

  • NSFW - (+$25)
    Please note: all parties involved — client and characters — MUST be over 18.

  • characters without any reference image (character design) - (+$50)
    To clarify, a “reference image” is defined as an accurate, full body depiction of your character that requires little to no modification from me. This can be your own artwork, previous commissions, a reference sheet, an in-game screenshot, etc. Non-full body images, Pinterest boards, client sketches (unless very accurate), Picrews/HeroForge models (unless very accurate), written descriptions, or collections of inspiration images saying “I want something like this” do NOT qualify as reference.

REFUNDS AND CANCELLATIONS:

If you need to cancel for any reason, please contact me to let me know as soon as possible! You are under no obligation until such time as money changes hands.

Cancelling before receiving a sketch from me results in a 100% refund. After a sketch has been received and agreed upon, 50% refunds can be given before I have moved on to color for any commission type. If I have reached this point, no refund is available.
If I become unable to finish your commission due to issues on my end, I will refund 100% of your purchase.

I try to update clients about once a week. I also have a public queue available via Trello where all clients can keep apprised of my progress via checklists and view WIPs. I reserve the right to cancel a commission and give a 50% refund due to harassment or poor communication.
Poor communication includes extremely frequent messaging, but also generally being unresponsive, not sending payment promptly when asked, providing inaccurate information or failing to respond when asked for commission details. Make sure you contact me using an email that you check frequently!

I will wait ONE WEEK (7 days) after contacting you to ask you if you’re still interested in your commission before dropping your slot and moving on to the next client.

Failure to adhere to my rules about what I will not draw, public racism/pedophilia/zoophilia/etc. harmful/bigoted content, or any attempt to trick me into drawing something that goes against my rules, will result in the cancellation of your commission with no refund available. Please respect my boundaries and value my time as I value yours.

PROCESS:

I reserve the right to interpret your character into my own style. This may include slightly adjusting colors, markings, or other details to fit in with the way I draw. At no point will I make your character unrecognizable, and I will take extra care to keep specifics like number of markings or other details accurate upon request. I reserve the right to refuse any commission request I am uncomfortable with or feel I will not be able to do justice.

I automatically send a sketch for approval for all commission types. I will not agree to withhold this sketch to surprise you with a finished piece. You will have one opportunity to ask for edits each time I send an update. Major edits after the work is finished will incur an additional cost.
BE SPECIFIC.
If you give me free rein or a vague prompt and then you dislike what I come back with and give me a very specific set of instructions afterwards, I will stop work unless it is agreed that you will pay a second invoice for the time wasted, and I will not release a hi-res unwatermarked copy of your commission to you until such time as the invoice is paid.

The fee for excessive edits/major edits after the fact is $20/hr for the amount of time spent making adjustments. Once edits have finished and I am again given the clear to move forward, the fee ceases to take effect beyond that point.

If you have a specific size/resolution in mind for your piece, such as if you intend to make a personal print or item such as a T-shirt, let me know in advance, including the specific item you intend to put the work on. This way I can make sure it looks its best! Image sizes up to 11x17 are available.

TURNAROUND:

I generally aim for a turnaround time of about 3-4 weeks. This may vary up or down, depending on my health, my workload, and commission complexity. If I cannot meet a deadline I have given you, I will contact you as soon as I have an update available — but you are always welcome to check in, so long as it doesn’t become excessive.
If you have a hard deadline in mind for your work (for instance, if it is a birthday gift), please let me know as far in advance as possible. A rush fee of 30% will be applied if I have 7 days or less to finish your piece.
Waitlist wait times are less certain. Please be aware that if I give you an estimate, you may wait longer than what I anticipate!
I try to work through my waitlist as quickly as possible; thank you so much for your patience and please remember that I completely understand if circumstances change during your wait time and you can no longer order when contacted. You can view your position on my waitlist at any time by visiting my Trello.

RIGHTS AND DISTRIBUTION:

The prices listed here are for personal commissions, and as such, I the artist retain all copyright. You may use commissioned work as icons, blog decoration, or to make personal prints, but you MUST have a visible, clear link back to my Tumblr, Twitter, or DeviantART. You MAY NOT use commissioned work for your own profit, such as selling prints or merch with the artwork, without purchasing the commercial rights to said work. This applies to both general artwork and character design.

You MAY NOT use my artwork or any of my social media posts for cryptoart purposes.
Nothing produced or made by me is to be used for any blockchain or cryptocurrency-related activity, NFTs, or any future inventions or developments in that vein. You MAY NOT use any sketches/WIPs/unfinished artwork for AI-related usage of any kind, such as having the program “finish” my work based on a sketch. All art produced by me is my intellectual property, and it is not to be used to train image generation software or AI of any kind, or any future developments or inventions in that vein. Any images of my work found on crypto sites or AI models were NOT used with permission and should be reported for takedown. AI imitation of my art style is not permitted.

If you would like to purchase all or certain commercial rights to a piece of art, contact me for prices UPFRONT. PURCHASING COMMERCIAL RIGHTS IS EXPENSIVE — it will typically triple the cost of your commission, possibly more or slightly less depending on the reach and expected income of your commercial undertaking. Please do not expect to get these rights for cheap, the fee exists to compensate me for allowing you to make money off my artwork basically in perpetuity. If you are quoted for more than you’re comfortable paying, it is perfectly alright to refuse, but please do let me know instead of ghosting me!

I retain all rights to the artwork, including to distribution. This clause allows me to post your commission on social media/use it as an example here. I will keep art private indefinitely if asked, but this will incur a surcharge of $10 or 15% of the total commission cost, whichever is higher. (This doesn’t apply for work kept private for a limited amount of time, such as birthday gifts.) If you commission me for fanart of an existing franchise, I reserve the right to upload the finished work to my print shop and sell it as a print. This only applies to canon characters from media, I will not sell canon/OC art or art of OCs from existing media. If you would prefer I not sell your commission, I will keep it just for you for the same surcharge of $10 or 15% of the total commission cost, whichever is higher.
You may use fanart or art that you have commissioned for tattoos, but please speak with me first!
This is so that I can make any necessary adjustments/provide linework for your tattooist if necessary.

I do not enjoy or appreciate reposting in any form whatsoever, even if credit is given. I ask that you reblog, like, and retweet my post of your commission instead of posting it yourself! You CAN post your commission on character art aggregation sites such as ToyHouse or Refsheet.net, with credit, and you may of course provide it to other artists as a reference image and show it to your friends. You may use it as decoration on social media (icon, banner, etc.) with credit.

WHAT I WILL DO:

★ original characters (OCs, DnD characters, WoW toons, etc.)
★ furry/anthro art
★ robotic/mechanical characters (think Exos from Destiny or DnD Warforged, not Transformers or Evangelion)
★ existing characters from any fandom (provided the content of the media doesn’t violate my rules below)
★ portraits of IRL people or animals (MUST include reference images)
★ character design based on customer input - Examples here
★ ships (OCs, OC/canon, or canon/canon are all fine!)
★ NSFW - Examples here (please be over 18 to view!)
★ complex armor/designs

WHAT I WON’T DO:

★ hardcore fetish art/anything that makes me uncomfortable
★ gore/guro (you may send reference images that include blood, injury, etc., I’m just not good at drawing it!)
★ offensive content/characters from offensive media (eg. Captive Prince, Killing Stalking, Hetalia, Attack on Titan, etc.)
★ NSFW involving real people, incest, abuse, or underage individuals, under any circumstance
★ ships that portray incest, abuse, or pedophilia, under any circumstance
★ any NFT/crypto/blockchain-related work
★ logo/graphic design

Please ask if you’re unsure about whether your request meets these criteria!

By commissioning me, you agree to these terms of service and agree to abide by them in the event any issue should arise. Your payment of the invoice serves as formal acknowledgement of these terms and agreement to uphold them, and will be presented as evidence of such in the event a dispute arises. If you have any questions or issues about the terms, please discuss them with me prior to payment.

TOS updated on 2/12/2022, with heavy modeling based on AspenEyesArt’s very wonderful TOS!

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