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ARTIST

The individual producing the Commission ("Enchanted Painting Studio").

 

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 e-mail (or, where e-mail is not available, via Postal Service), 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, fees for change requests, rush fees, Transfer of Copyright, 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.

NOTE: The Artist reserves the right to advertise themself with the Commission.

 

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 personal website, Facebook and Instagram albums, DeviantART.com, Tumblr.com, Reddit.com 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.

 

TRANSFER OF COPYRIGHT AGREEMENT

The discussion, documented via e-mail (or, where e-mail is not available, via Postal Service), in which the Artist and Client agree to transfer Copyright of the Commission from the Artist to the Client. This does not include Trademark or Intelectual Property.

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1. SALE

The Artist hereby sells or transfers the Commission to the Client at the agreed value written in the Commission Agreement prior to the Start of Work.

 

2. PAYMENT

Full payments, as stated in the cost estimate, must be made in the signing of the Commission Agreement prior to the Start of Work. 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 Purchaser until the agreed payment amount as written in the invoice has been received. Payment method is determined as written in the Commission Agreement prior to the Start of Work (i.e. bank account transfer, PayPal). The Artist will confirm payment once drafts have been seen and agreed upon by the Client; any further work on the Commission will be with-held until this agreement is made and payment received.

NOTE: All prices are specified as Euro (€ EUR). It is the Client's responsibility to ensure that they have converted currencies based on current exchange rates.

 

3. COST ESTIMATE

The estimated cost and effort of the Comission work. The Client needs to pay the amount stated in the Cost Estimate either immediately after receiving the Cost Estimate from the Artist or seven days before the Start of Work.

 

4. INVOICE

The final costs and efforts of the Commission. The invoice also includes rush fees and prior unforseen costs and efforts (which will be communicated to the client). The invoice will take the Cost Estimate into account.

 

5. COMMISION DRAFT

The by the Artist checked and revised summary of the requirements made by the client.

 

6. DECLINE OF OFFERS

The Artist has the right to refuse any Commission request, without needing to explain the reason (however, the Artist will likely explain reasoning for decline out of courtesy).

 

7. PRIORITY OF OFFERS

The Artist will prioritise each Commission request accordingly. Commission offers that satisfy the following components are placed as higher priority than other offers. These components include: the Artist's skill level, availability, flexibility of deadlines, subject matter, pricing and shipping. For example, Commission offers based on particular subject matters that pertains the Artist's interest will be placed at higher priority than subject matters that are not in the Artist's relevant interests.

NOTE: 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, racist, violent or gory (horror aesthetic excluded) imagery.

 

8. 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.

 

9. CHANGES DURING THE COMMISSION

If the Client wishes to change requirements of the Commission work the Client needs to communicate his request in a reasonable manner. The Change Request needs to be approved by the Artist. Changes are considered an expansion of the Commission Draft and will result in extra costs which will be stated in the invoice and if necessary in an additional Cost Estimate. These changes will result in a Change Request.

 

10. COPYRIGHT/TRADEMARKED CHARACTERS

The Artist will not reproduce a Copyrighted or Trademarked image or character without expressed written permission of its Copyright or Trademark owner, and as it pertains to European Copyright Law.

 

11. ARTIST COPYRIGHT & 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: Duplication, 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 "Transfer of Copyright Agreement" as defined in the Client Documents. The Client may not distribute, reproduce, or otherwise profit from the Commission, beyond the resale of the original, [traditional art] Commission, or as it applies to new Terms of Service agreed upon in a "Transfer of Copyright Agreement." The client may not edit, alter, or trace the Commission without the Artist’s expressed written permission, or as agreed upon in the Commission Agreement prior to Start of Work. The Artist also retains full copyright for any preliminary designs and incidental works made in the creation of the Commission, unless otherwise agreed upon.

 

12. COMMISSION DESCRIPTION

The Client must specify the content of their Commission to the best of their ability prior to a Commission Agreement. A complex Commission will create additional fees (i.e. Illustration, example miniatures), to be defined and agreed upon in the Commission Agreement prior to Start of Work. The Client must specify the desired display size of the Commission. A large display size will create additional fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work.

 

13. DEADLINES & FLEXIBILITY

The Artist will NOT take on Commissions that have a) strict or short deadlines; and b) if the Client is not flexible enough on deadlines. If the Commission is time-sensitive but realizable, a rush fee may be applied, to be defined and agreed upon in the Commission Agreement prior to Start of Work. 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 will inform the Client regularly regarding the 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.

 

14. 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 time-span in the Commission Agreement to eventually allow the Artist to publicly display the image.

 

15. PUBLIC DISPLAY & USE

The Client may display the Commission in Profiles as long as the Artist’s name (“Enchanted Painting Studio”) is prominently displayed along with a link to info@enchanted-painting.com  or "@enchanted_painting_studio" for social media accounts. Additionally, any Profile display of the Artist’s Commission must notify the Artist, unless already defined otherwise in the Commission Agreement prior to Start of Work. The Client cannot display a Commission outside of Personal Space or in a Public Space unless the Commission is executed under new Terms of Service agreed upon in the Commission Agreement prior to Start of Work. The Client must obtain written permission from the Artist prior to displaying the Commission in a Public Space if not already defined in the Commission Agreement, additional fees may apply.
The Artist remains the right to be the first in regards of Public Display, if the Client is allowed to display Pictures in Public or the Commision itself in public.

NOTE: If the Client has the Permission to display the Commision or pictures of it in Public Spaces, the Client has to wait with the displaying until the artist has displayed the Commision for advertising purposes. The Client is obliged to prominently display the Artists name and if possible a link to the Artist, when the Client is showing the Commision in Public Display.

 

16. FRAUD

Under no circumstances may the Client represent the Commission as the work from anybody else than the Artist.

 

17. COMPETITIONS

Under no circumstances may the Client submit a Commission to any kind of online or offline contest.

 

18. DIGITAL COMMISSIONS

Digital art Commissions (photographs) will be provided to the Client via e-mail or an online download location in .jpeg or .png format (PDF possible) unless agreed upon in the Commission Agreement. Files will be of highest resolution and include both signed/watermarked and un-watermarked copies of the finished product. The Artist is not responsible for the cost of shipping a Commission (traditional art Commissions or any digital media device [e.g. CD, DVD, flash drive, etc.] or print of a digital art Commission) unless signed and agreed upon in the Commission Agreement prior to the Start of Work. A "Certificate of Authenticity" will be provided to the Client as a .PDF file as proof and documentation of original work by the Artist.

 

19. TRADITIONAL COMMISSIONS

Traditional art Commissions will be provided to the Client via postage and shipping. The Client will pay costs and expenses, including insurance, for the crating, packing and shipping of the [traditional] Commission for delivery to the Client. These fees will be determined during the Commission Agreement prior to the Start of Work. A printed "Certificate of Authenticity" will be provided to the Client with the physical copy of the Commission. Additionally, digital formats of the final Commission and Certificate of Authenticity can also be provided to the Client as .jpeg, .png or .PDF files and be send to the Clients email.

 

20. PHOTOS

The Artist will not take professional photos without additinal fees unless agreed upon and as part of the Commission Agreement. Photos taken as previews can be made professionally or amateurish as agreed upon in the Commission Agreement and if not agreed upon it will be at the Artist's judgement.

 

21. PROMOTION

The Artist may use any images of the Commission for promotional purposes, unless otherwise agreed upon in the Commission Agreement (see Term 14 - Confidentiality).

 

22. ADDRESS NOTICE

The Client is responsible for insuring 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.

 

23. NON-DESTRUCTION

The Client is not permitted to any intentional destruction, damage or modification regarding the Commission.

 

24. RESTORATION

If the Commission is damaged or mistakes are evident, the Client will agree to consult the Artist before any restoration by another Artist and must give the [original] Artist the first opportunity to restore it, if practical and possible. Any restoration from the Artist is considered a seperate Commission and the labor needs to be paid by the Client.

 

25. AUTHENTICITY & PROVENANCE

Upon request, the Artist will furnish the Client [and their successors] a written history and provenance of the Commission, based upon the Artist’s best information. A Certificate of Authenticity (signed and dated by the Artist) is provided with each work.

 

26. MORAL RIGHT

The Client will not permit any use of the Artist’s name or misuse of the Commission which would reflect discredit on his/her reputation as an artist, or which would violate the spirit of the Commission.

 

27. DAMAGES, THEFT & MISPLACEMENT

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. The Artist is also not responsible for any theft or misplacement of the Commission. The Artist will ensure the packaging of the Commission is safe and secure, and will provide postage and tracking details to the Client once the Commission has been shipped. The Client accepts all possible risks once the Commission Agreement has been signed and the payment made. Any damages or misplacement caused at the fault of the Client, during the postal transport or during the Client's possession will not be refunded. The Artist is not responsible for rectifying online plagiarism or Copyright infringement of the Commission by other parties if a "Transfer of Copyright Agreement" was made.

 

28. REFUND POLICY

If the Client is unsatisfied with the Commission for an appropriate reason, they must contact the Artist within seven (7) days of receiving the final Commission. Disliking the Commission or change of mind are not considered for a refund; this is minimalised by providing drafts and progress photos throughout the Commission process. The Client will have thirty (30) days to send the [traditional] Commission back to the Artist, otherwise a refund will not be made. The Client must return the Commission in original packaging with all documents, including the Commission Agreement and invoice; digital formats of the Commission must be destroyed by the Client. Postage/shipping costs and expenses will be paid by the Client. The refund will be paid back to the Client at the discretion of the Artist once the Commission has been received and in the described condition. The Refund amount will be up to a maximum of 80% of the original Commission prize. The refund amount needs to be negotiated between the Client and the Artist, due to nature of customization in this area of art.

NOTE: The Artist will only refund if the Commission is still in a sellable condition and in original and usable packaging upon recieving. If the Commission got lost during postal, no refunds will be given. The higher the customization the lower the chance of a refund or the amount of the refund. Digital Commissions will not be refunded.

 

29. COMMISSION CONFLICT

The Client may not incorporate the Commission in another work of art (or another Artist’s Commission). A take-down notice will be issued in such cases and Term 32 will be applied as necessary.

 

30. PREVIEW REQUESTS

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 or approval of the draft, unless agreed upon in the Commission Agreement prior to Start of Work. See Term 9 for further information. Frequent or interrupting Preview Requests will lead to additional fees, as these will cost time and will interrupt the daily work of the Artist. Preview Requests will be answered but not met directly. The Client can force deadline on Preview pictures. Though the Artist will answer as fast as possible and provide pictures or at least communicate when pictures will be send.

NOTE: Previews can also be made part of the Commision Agreement and will be provided by the Artist in the negotiated form and at the agreed intervals. Often several different Commissions can overlap and communication takes time, therefore a bit of patience and trust toward the Artist will be necessary.

 

31. MISCELLANY

This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing inside the Commission Agreement. A waiver of any breach of any of the provisions of the Agreement shall not be construed as a continuing waiver of other breaches of the same or other provision hereof. This Agreement shall be governed by the laws of Germany.

 

32. COPYRIGHT DAMAGES

The Artist has the right to pursue damages under European Copyright Law, should there exist a violation in addition to a breach of these Terms of Service.

 

33. REPRODUCTION

Every Commission is an artwork in its own, it is not possible to recreate an already existing piece of art. Should the Client request a copy of an existing Commission from the Artist, the Client agrees that an exact copy is not possible and the Artist promises to stay as close as possible to the given original. The Client cannot request a Commission to be a copy of the work of another Artist. The Client can provide existing art or photographs of existing art as inspiration for the Commission or as a form of guidance for the Artist.

 

34. RECIEVED FIGURINES WITHOUT PAYMENT

Should the Client either withdraw from the Commission Agreement after it was agreed by both partys but prior to the Start of Work or is simply not paying the Cost Estimate (within the given time), but has already send the Figurine for the Commision, than the Artist is not obliged to send the Figurine to the Client (if this would create expenses or costs for the Artist)

 

35. PROJECT TAKES LONGER THAN ANTICIPATED

In case the Artist estimated the Commission wrong in Terms of Effort and Duration, meaning the Project will take longer that estimated. Than the Artist has to contact the Client while providing a new and updated Cost Estimate (taking the old Estimate into account). The Client can than either approve or decline the new Cost Estimation.

- After the Client accepts the new Cost Estimate and the Client paying the additional costs, the Artist will continue the work on the project.

- After the Client declines the new Cost estimate, the Artist will either conclude the current Project under the new Timeframe, this will result in a Output with lower Quality and a lower Tier, at the Artists decision. Or the Artist decides to abandon the project. Upon abandoning the Commission the Client will recieve a refund. The Refund will be the amaount the Client paid as part of the Commission Agreemend minus already invested time and material by the Artist. Depending on the Situation suirrounding the individual case, the Artist can then send the unfinished Commission Output, while the Client still has to pay shipping and packaging.

NAME

The Client must state their name for a Commission (at least for postal issues).

 

EMAIL ADDRESS

The Client is encouraged to contact the Artist via e-mail (info@enchanted-painting.com) to query a Commission.

 

PHONE NUMBER (OPTIONAL)

The Artist will not call the Client unless there is a conflict in schedule, payment, or a breach in the Terms of Service. The Artist prefers to use e-mail or an agreed upon messenger for Commissions.

 

OTHER FORMS OF COMMUNICATION

The Client may request a different form of communication (e.g., phone call, Whatsapp, Facebook Messenger, Instagram direct messeges etc.) to discuss a project before signing a Commission Agreement, via e-mail. However, the Artist must have the Client’s e-mail address when entering into a Commission Agreement after query and discussions are complete.

 

PHYSICAL ADDRESS

The Artist only needs the Client’s address if the Artist is shipping a [traditional art] Commission.

 

AGE

If the Client is under 18, the Client must supply contact information of a parent or guardian. The Artist reserves the right to contact the parent/guardian of an under-aged Client, to ensure that there is no breach in the Terms of Service, and the Client is able to pay for the Commission.

 

SPECIFICATIONS FOR COMMISSION

After the Client has read the Terms and Conditions above, checked Commission availability and price details, and made themselves familiar with the Documents required for a Commission Agreement, they can then contact the Artist about their proposal.

The Client should state the following if possible:

• Commission type (i.e. small-scale, high-detail, long working hours etc.)Amount of pieces (i.e. Single piece, troup, whole boardgame box etc.)
• Scale of pieces (i.e. tabletop size, 32mm, 28mm, statue size, miniature size etc.)
• The subject matter of the Commission (i.e. Statue, chibi, center piece of an army, showcase piece etc.)
• Themes or Style of the Commission (i.e. realism, cartoonish, gritty, vibrant or muted colors etc.)
• Painting Level or Tier (i.e. boardgame/tabletop level, centerpiece level,showcase level etc.)
• Deadlines, if any (must be flexible)
• References or ExamplesCopyright expectations (i.e. Transfer of Copyright)
• Additional requests