Within the context of these terms of service, “Client” refers to an individual who commissions L James (the “Artist”) for a specific piece of “Artwork.”
These terms of service pertain only to Artworks commissioned for personal, non-commercial use by the Client. Certain aspects of these terms of service are written with guidance from the Graphic Artists Guild Handbook: Pricing & Ethical Guidelines, 16th Ed.
1. Use of Artwork
1.1 …BY THE CLIENT
REPRODUCTION:
The Client may create prints of the Artwork for personal, non-commercial use. The Artist provides digital files as-is and cannot guarantee print or color quality.
The Client may not derive profit from a commissioned Artwork, other than the sale of a physical (traditional media) original Artwork.
The Client may not resell any digital files or print products associated with digital or traditional Artworks.
The Client may not use the Artwork to promote a product or service.
The Client may not use the Artwork to mint non-fungible tokens. The Client may not use the Artwork for any blockchain, cryptocurrency, artificial intelligence program or technology, or generative artificial intelligence training.
DISPLAY:
The Client may digitally display the commissioned Artwork in a non-commercial context (i.e., not for sale and not for promotional or advertising purposes) under the following conditions:
- The Artwork includes the Artist’s name and/or website URL, or the Artist’s name and/or website URL are clearly displayed nearby the Artwork (e.g. in the same post, in an image caption, or included in a set of Artworks such as in Telegram stickers)
- The Artwork is not a higher resolution than necessary for typical, good-quality web display
DERIVATIVE WORKS:
The Client may resize or crop the Artwork for the purpose of creating graphics for personal, non-commercial use, including digital icons, desktop or cell phone wallpapers, social media page headers, or similar graphics.
The Client may not alter or build on the content of the Artwork.
OTHER RIGHTS:
The Client retains all existing rights to their character(s) and other intellectual property.
The Client may not use the Artwork for any offensive, inflammatory, illegal, or hateful purpose.
The Client may not use the Artwork in a way that implies endorsement by the Artist for how the Artwork is used.
All other rights not specifically mentioned here are reserved by the Artist.
1.2 …BY THE ARTIST
REPRODUCTION:
The Artist reserves all rights to reproduce the commissioned Artwork, including the creation of print products and digital files, for personal or commercial use by the Artist.
DISPLAY:
The Artist reserves all rights to display the commissioned Artwork in either a physical or digital setting, for personal or commercial use, including advertising and promotion.
DERIVATIVE WORKS:
The Artist reserves the right to alter or create derivative works of the commissioned Artwork, particularly for the purpose of making it more suitable for print products or merchandise.
OTHER RIGHTS:
These terms of service grant the Artist a one-time license to portray the Client’s character(s) or other intellectual property within the commissioned Artwork, with the understanding that the Artist retains all rights associated with the Artwork itself.
The Artist reserves all rights to work-related product that was created in the process of creating the Artwork, including works in progress, which may be displayed at the Artist’s discretion. The Artist also reserves all rights to unused compositions, sketches, backgrounds, designs, et cetera, and may reuse such work products in future personal, commercial, or commissioned artwork.
1.3 …BY THIRD PARTIES
Use of any commissioned Artwork by any person(s) other than the Client is not explicitly permitted by, nor endorsed by, the Artist.
The Client may provide the Artwork to a third party for the purpose of reproduction for strictly personal, non-commercial use (e.g. sending a digital file to the printing department of an office supply store).
The Client may not take the Artwork, either finished or in progress, to a third party for completion, addition, or other work, unless agreed upon in advance with the Artist and the third party in question.
2. Prices and Payment
2.1 BASE PRICES AND PRICE QUOTES
The prices provided on the price guide are base prices. This is the minimum price for a given type of art before any discounts are applied. A specific Artwork may be quoted at a higher price based on factors such as complexity, size, scope, and quality/nature of reference materials (e.g., only a written description provided for reference; two visual references with inconsistent or conflicting information that is not clarified).
A quote is a projected price for a commissioned Artwork, and is provided when all relevant details of a commission inquiry are provided by the Client to the Artist. The quote reflects the initial commission inquiry, to the best of the Artist’s understanding.
Quotes include minor revisions expected to be made at specific stages of the commission (depending on the commission type).
Quotes do not cover changes in scope, major revisions (those that require redoing significant amounts of work), or additional work required due to a lack of clarity or completeness of the initial commission inquiry. These factors will warrant additional fees and will be invoiced separately as they arise.
A quote is considered valid and accurate for 90 days from the time it is provided. If the quote is not followed up in that time with an agreement to proceed with the Artwork, the quote will be considered out of date and a new quote will be issued. The new quote will reflect the most up to date prices and policies, and may or may not differ from the previous quote.
2.2 ACCEPTED PAYMENT METHODS
PayPal and Stripe are the current accepted methods of payment for standard commissions. The Client may choose which payment method to use, if they have a preference.
For Ko-Fi exclusive offers, payment is expected to be made via Ko-Fi through the associated commission item on the Ko-Fi page.
The Client is expected to pay using the provided invoice.
Payments sent by the Client via any means other than the provided invoice will be either returned to the Client or kept as a tip, depending on the circumstances and the amount. Any payment included under the “Tip” option in a PayPal invoice, and any payment received via Ko-Fi (that is not associated with a specific service offered via Ko-Fi), will be retained as a tip. The inclusion or absence of a tip will not affect the quality of the Artwork, nor the speed at which it is completed. (But tips are appreciated!)
2.3 PAYMENT PLANS
Payment plans can be arranged for commissioned Artworks priced at or over $250. This should be arranged between the Client and the Artist after a quote is provided but before an invoice is sent.
Utilizing a payment plan will affect the process and turnaround time of the commissioned Artwork. No work will begin until at least 50% of the payment is received, and later stages of the Artwork will not proceed without full payment. The specific details of this arrangement will be determined on a case-by-case basis, and discussed and agreed upon between the Artist and the Client.
For commissioned Artworks priced under $250, or for those priced at or over $250 but for which no payment plan was discussed, no work will begin until 100% of the payment is received.
2.4 CANCELLATIONS AND REFUNDS
If a commissioned Artwork is canceled by the Artist, for any reason and at any stage of completion, the Artist will issue a 100% refund (including the amount of any tip). The Artist reserves the right to cancel or decline a commissioned Artwork for any reason.
If a commissioned Artwork is canceled by the Client, the amount refunded will depend on the stage of completion. Refunds apply only to the invoiced amount; any tip paid to the Artist will be retained by the Artist.
- Canceled before the invoice is paid: no refund is necessary.
- Canceled after the invoice is paid, but before work has begun: 100% refund.
- Canceled after sketch or other preliminary work has begun: 50% refund.
- Canceled after sketch or preliminary work has been completed, but before the finished Artwork is available: 0% to 25% refund, depending on the level of completion.
- If the Artwork is complete, no refund is possible.
For a commissioned Artwork that is canceled, whether by the Artist or the Client, the Artist reserves all rights to the Artwork, regardless of whether it is finished.
3. Process and Turnaround
3.1 TYPICAL PROCESS
For most types of commissioned Artwork, the Artwork will be presented to the Client for review and revision at three stages:
- Sketch: At this stage, the composition and pose can be changed. Broad details, such as character size and shape, can be corrected.
- Rough Lines: At this stage, specific details, such as a character’s features or expression, can be changed. Objects can be repositioned and resized to some degree.
- Final: At this stage, errors in a character’s coloration can be corrected. Minor edits can be made to shading/lighting features or special effects.
Certain commission types may not include revisions. These are completed through to the Final stage and delivered as-is, typically to maintain a faster turnaround and/or lower price point.
3.2 REVISIONS
When provided with an Artwork for review and revision, the Client is encouraged to provide guidance in the form of specific critique and/or draw-over corrections (red lines) as necessary. Revisions proposed by the Client will be considered and, if deemed appropriate, implemented by the Artist.
In the interest of efficiency, if the Client sees many revisions to be made at a given stage, it is preferable that the Client list them all within one correspondence (i.e., do not wait for one detail to be revised before mentioning the next revision needed).
The Artist reserves the right to reject proposed revisions if they are unclear/unspecific, artistically dubious, a matter of stylistic preference, or a detriment to the quality of the Artwork.
If the Client requests a revision that changes the scope of the Artwork, additional fees must be discussed and agreed upon before that revision can be made. If an agreement cannot be met, the revision may be rejected by the Artist.
3.3 CHANGES IN SCOPE
Changes in scope are any changes to the nature of the commissioned Artwork that would warrant a change in price (e.g., adding a background to an Artwork when no background was included in the inquiry and related quote).
If the scope of an Artwork is expanded after the Artwork is already in progress, an invoice will be issued for the additional work required.
If the scope of an Artwork is reduced after the Artwork is already in progress, a partial refund may or may not be issued, depending on the stage of completion of the Artwork. However, a refund cannot be guaranteed in this situation.
3.4 ESTIMATED TURNAROUND
Estimated turnaround times are provided for each type of commission. This refers to the time it takes to complete the commissioned Artwork, from the time initial payment is received by the Artist to the time the final Artwork is provided to the Client, assuming regular communication and a number of revisions typical of the type of Artwork.
An approximate date of completion for a given Artwork will be provided to the Client at the time the invoice is sent. This estimate will be made under the assumption that the invoice will be paid promptly and communication will be consistent.
4. Content of Artwork
4.1 “OFF LIMITS” CONTENT
The Artist will not accept inquiries for Artworks containing the following:
- Hateful or offensive content
- Licensed, trademarked, or commercial characters (without explicit permission from the owner of said character)
- Bodily wastes, fluids, other byproduct, or anything else commonly perceived as unacceptably unsanitary
This is not an exhaustive list, and the Artist reserves the right to reject any commission inquiry on the basis of content.
4.2 “CASE BY CASE” CONTENT
The Artist may accept or reject, on a case by case basis, inquiries for Artworks containing the following:
- Nudity or genitals
- Fetish content
- Violence; blood and/or gore
- Drug use and/or paraphernalia
- Depictions of real people
This is not an exhaustive list, and the Artist reserves the right to reject any commission inquiry on the basis of content. This content may be subject to different prices, payment terms, or payment methods.
5. Communication
5.1 METHODS OF COMMUNICATION
The Client is expected to communicate with the Artist via email (commissions@l-james.com). If the Client sends a commission inquiry via social media or other website message, the Client may be directed to email instead.
Discord and Telegram are acceptable modes of communication, but less preferable than email.
Ko-Fi’s message system is an acceptable mode of communication, in addition to email, for Ko-Fi exclusive offers.
Social media is not a preferred method of communication due to various factors (e.g. login frequency, difficulty of use, character or post limits).
5.2 FREQUENCY OF UPDATES
In addition to an overall turnaround time, the Artist will provide estimates of when to expect further updates. After an invoice for a given Artwork has been paid, the Client can expect updates via email to take place at least weekly until the commissioned Artwork is complete.
The Client is welcome to request updates at any time, allowing 24 hours for a response from the Artist.
For events or scenarios affecting the timeliness of multiple commissions (e.g., holidays, medical situations, et cetera) the Artist will make an announcement on l-james.com and, if possible, alert each Client personally to any anticipated delay.
5.3 BEHAVIOR
The Artist reserves the right to cancel or decline a commissioned Artwork if the Client exhibits unprofessional behavior, including:
- Rude or inappropriate conduct
- Consistently poor or unclear communication
- Absence of communication
- Inability to communicate effectively in English
6. Agreement to Terms
6.1 UNDERSTANDING AND AGREEMENT
The Client is expected to read, understand, and agree to these terms of service before entering into a agreement with the Artist to deliver a commissioned Artwork.
Acceptance and payment of any invoice(s) associated with a commissioned Artwork will be viewed as the Client’s understanding of and agreement to these terms of service, as well as confirmation that the Client is at least 18 years of age, and able to legally enter into an agreement with the Artist.
6.2 CHANGES AND CLARIFICATION
These terms of service may be subject to future changes in wording and content.
Questions related to these terms of service may be directed to the Artist.