Absolute Creature Commisison Terms of Service

1. GENERAL TERMS

  • All artworks by me will include my signature, which you are not permitted to remove or edit.
  • I retain all intellectual property rights of the final artwork unless otherwise agreed
    upon between us in writing prior to confirmation of the order & first invoice.
  • Prices are subject to change based on demand & other factors.
  • All inquiries are reviewed and approved at my sole discretion. I retain the right
    to refuse to proceed with any inquiry/order for any reason, and am not obligated
    to provide explanation of that reason. No charge will be applied to a refused
    order.
  • All communications between us regarding the commission must be in written form for documentation purposes. You may use text-to speech adaptive tech to achieve this should you need to.
  • You may NOT use the image to train AI image generation programs such as stable diffusion/midjourney/others, or for any other AI image generation purpose.
  • You may NOT mint the image as an NFT or use it for any NFT related purposes.

2. PAYMENT

  • Currency accepted is USD and must be paid via invoice.
  • Commissions can be paid either 100% upfront or split 50% upfront and 50% upon draft
    approval.
  • Do not send me any payment prior to the receipt of invoice.

3. PROCESS AND DELIVERY

  • I will notify you when I have started on your commission & send you a sketch stage review image, upon which time you forfeit the right to cancel for a full refund.
  • There will be two review & approval steps during the commission: sketch review and draft review.
  • During the review stages, I will send you one or more images to review, approve, select from, or give revision requests for. These images will usually include a watermark and be a lower resolution than the final deliverable.
  • The time it takes to finish your commission varies 1 week - 3 months depending on factors such as health, the complexity of the commissioned piece, other work, and con seasons. Typically commissions are delivered between 2-8 weeks after the order is accepted, but because there are some factors outside of my control I give myself a buffer of time.
  • If anything comes up that will slow the progress of the initially estimated delivery time I will let you know asap.
  • If your commission is time sensitive, we can negotiate a specific deliverable date. This may incur additional fees to be determined by me and approved by you prior to confirmation of the order.


4. REVISIONS

  • You will have the opportunity to request revisions once during the sketch review stage, and once during the draft review stage.
  • During the sketch review stage, you will be allowed to request major/significant revision. (such as pose, proportions, composition, etc.)
  • During the draft review stage, you will be allowed to request minor revisions. (Such as changes to less than 10% of the image, color adjustment, post editing etc.)
  • Further rounds of revisions—including any major revisions after sketch stage is approved—will incur an additional fee to be determined at my discretion based on the amount of time and effort the revision requires.

5. COPYRIGHT / USAGE POLICY

I, Shelley Rappleye (the artist), retain all intellectual property
rights inherent to the image. Therefore I am allowed to use the copyrighted
artwork to:

  • Promote my business online or in person
  • Print individual copies or include it in other works such as books (artbooks, etc.) for sale/profit purposes
  • Display it online or in person wherever I do business (website, social media, convention booth etc.)

EXCEPTION:

  • If the work in question is derivative of your own intellectual property (i.e. your original character reproduced in my creative style or a pet portrait based on your own photo of your pet), then my usage rights apart from displaying online will be at your discretion & will be agreed upon & recorded prior to order confirmation. For example, if you do not wish any copies printed & sold, I will respect this.

You, the client are allowed to:

  • Use the commissioned piece for personal use in digital form (i.e. you may post your copy online as long as it is not connected to any monetary gain from the image.)
  • Print the artwork for personal use (not for resale)
  • Use it to represent yourself online (i.e. icon, avatar in online social media channels, but NOT indicating yourself as the creator of said artwork.)
  • Use the artwork on your Youtube channel and in monetized videos as long as the artwork itself is not the main subject for the earnings.

The following is considered copyright infringement:

  • Reproducing/using the copyrighted artwork commercially – i.e. any means by which you receive
    payment or profit
  • Claiming the artwork as your own creation
  • Removing my signature from the artwork
  • Altering the artwork without my consent


  • I reserve the full commercial rights to the image and its use/distribution unless otherwise agreed upon (rights to the image for your own non-personal use may be purchased for a negotiated fee at any time).

6. CUSTOMER SATISFACTION

  • I want you to love the product of your commission order, and I will give my utmost & sincere effort to produce an image you will be delighted with.
  • If you have any questions or concerns in regards to the commissioned piece please tell me right away so we can find a solution together.
  • Some terms are negotiable before the order is initiated (first invoice paid) such as:
  • If this work has a special or personal meaning to you and you do not want it published online on my social media channels
  • Commercial usage rights (you will be required to pay a much higher fee)
  • Other (please inquire)

7. REFUND / CANCELLATION POLICY

  • I reserve the right to cancel any order at any time without being required to give an explanation.
  • If I cancel your order prior to draft stage review, you will receive a full refund of all payment(s) made toward the total commission fee prior to
    cancellation.
  • If I cancel your order after draft stage review is sent, you will receive a high-resolution
    digital copy of the draft as-is and be refunded 50% of the total commission fee IF you paid in full up front. If you paid 50% up front this will not be
    refunded, but you will not be charged for the remaining 50%.
  • You may cancel your order at any time without being required to give an explanation
  • If you cancel before the sketch stage review image has been sent, you will receive 100% refund
  • If you cancel after sketch stage review image has been sent AND you paid the
    total commission fee up front, you will receive 50% refund of the total commission fee. If you paid only 50% up front, this will not be refunded but you will not be charged for the remaining 50% either.
  • If you need to cancel your order, do not request a Paypal chargeback or dispute the
    charge through your credit card. I will issue the refund to you myself.
  • If you request a Paypal chargeback at any point I will decline the chargeback and
    supply Paypal with all necessary documentation including all our written
    communications and this terms of service agreement along with your completed
    commission inquiry form in which you indicated you have read and agreed to these
    terms of service. Furthermore, you will be blacklisted for commissioning me
    again.

Deliverable (What you will receive)

  • Full resolution digital copies of the artwork in PNG and TIFF formats.
  • If you selected to receive a print copy, this will be mailed to you for an additional
    fee plus shipping cost.