Art Commission TOS & Contract

Throughout this contract, THAYBROWNIE, will be referred to as ‘The Artist’.
By commissioning me in any kind of way, you are agreeing to the terms of service below.
Any statement can be bound to change if discussed with me, the artist, prior to the commission

GENERAL TERMS

  • Please write in a clear and polite manner when messaging.

  • Provide clear references when required.

  • Any ill behaviour will not be tolerated and your commission will be cancelled if it occurs.

  • I, the artist, have the right to decline or cancel a commission for any reason.

  • Commission prices are subject to change, but price changes will not apply if a client is in the queue for a commission and has received a price quote from the artist before the change/s took place.

  • Clients must state whether their commission will be used solely for personal use or if they intend to use it commercially and potentially profit off of the work. Commercial work will always require an additional fee.

  • If a client requests a commission that has a deadline of a week or less, rush fees may apply.

PAYMENT

  • All commissions must be paid upfront at 100% of the agreed price. Multiple payments can be arranged if necessary for the client, however the first payment must be at least 50% of the total agreed price. Full payment must be made before the client receives their finalised order.

  • The only currency accepted is USD.

  • The client must provide a valid email address to receive an invoice for the purchase.

  • Payment cannot be made in the form of cash or check.

  • Upon any form of payment, there is no expectation of receiving a physical object. Completed work is received via digital file transfer only. Nothing will be shipped to any address provided.

PROCESS

  • The client must provide a clear idea of the work they would like. The artist will then provide the client with the rate.

  • The client must provide clear reference images if required.

  • Work will be started once either full payment has been received or 50% payment has been received. I, the artist, will confirm with the client that I have received the payment. The first 50% of the full price is nonrefundable.

  • For specific canvas size, request before I, the artist, start working at commission.

  • Work In Progress will be given to the client in the form of a low resolution JPG after each phase (sketch, ink*, and colour.)

  • Time consuming changes require an additional fee. Additional small changes will require an additional payment of 10% of the full price. Large changes (examples: pose/panel redraws, a change in costume, etc.) will require an additional payment of 15% of the full price. Change fees must be made upfront when a change is requested. Changes will not be made until the artist has confirmed that payment has been received.

  • The client will be sent a high resolution JPG and/or PNG of their commission via any communication of their choice that is available to the artist (Discord, email, etc.) once the client has confirmed that the work is to their satisfaction. If other file types are required, the client will request these before finalising their commission.

* In case artwork is lineless this phase will be skipped.

CUSTOMER SATISFACTION

  • I, the artist, will do everything I can to make my clients happy. However, changes cannot be made after the work is complete and the client has received their high resolution file(s).

  • I, the artist, ask that the client be clear with what they would like from the beginning to avoid any major issues and minimise the chance of changes being needed.

  • I, the artist, cannot be working on pieces 24/7. The client is responsible for expressing their expectations when it comes to progress on their order. Refunds based on timeframe will only be made if exceptions on the artist's behalf occur.

  • Upon the client receiving their finalised high resolution file(s), it is their responsibility to insure the safety of their purchase. I, the artist, cannot guarantee any form of the client's purchase will remain saved and/or available to be re-sent at a later date.

COPYRIGHT / USAGE POLICY

I, the artist, hold every right to the produced drawing, not the client.
THEREFORE, I, the artist, am allowed to use the artwork to:

  • Promote myself.

  • Display it anywhere to my liking.

  • Post it wherever I want.

  • The client is allowed to:

  • Use the copyright artwork for personal use only unless agreed otherwise.

  • Print the art, and claim the right of their character(s) but not the drawing itself.

  • Share the artwork on their own social media pages and/or use the art to promote themselves with proper credit given to the artist.

The client is allowed to:

  • Use the copyright artwork for personal use only unless agreed otherwise.

  • Print the art, and claim the right of their character(s) but not the drawing itself.

  • Share the artwork on their own social media pages and/or use the art to promote themselves with proper credit given to the artist.

If you break the copyright infringement in any way, every right you had to the drawing will be retracted.

The following is considered Copyright infringement:

  • Reproducing/using the copyrighted artwork commercially.

  • Uploading copyrighted work to be resold, INCLUDING as an NFT.

  • Use for AI purposes and alike, production of AI-generated images.

  • Taking credit for the creation of the artwork.

  • Removing the watermarks/signatures.

  • Tracing the artwork.

  • Altering the artwork without my, the artist’s, consent.

A Purchase of Commercial rights to the artwork will always be 300% of the original price.
With commercial rights, you are allowed to make any sort of merchandise with the artwork, use it in books, covers, as props, change it to your liking, and promote your own brand with.
Credit is still required for usage of the artwork, even if altered or edited.
A Purchase of Commercial rights does not allow you to resell the artwork, INCLUDING as an NFT.

CANCELLING / REFUNDING POLICY

  • I have the right to cancel and refund the money for your commission at any time.

  • If the client has paid the artist 50% of the full commission price or more, the first 50% of the full commission price is nonrefundable, regardless of the current stage of the commission (example: if a refund is requested for a $100 commission, only $50 will be refunded.)

  • If a cancellation is requested during the line work phase or colour phase, I, the artist, reserve the right to deny any form of refund.

  • 100% refunds will never be made once the work has been started unless exceptions on the artist’s behalf occur.

  • If you file a chargeback unrightfully, your right to everything I, the artist, have ever made for you will be retracted and I have the right to sell the copyrighted artwork to new buyers. You will be forbidden to commission me, THAYBROWNIE, ever again, and I reserve the right to warn other artists about you privately and publicly.

Any statement can be bound to change if discussed with me, the artist, prior to the commission.
If the client commissions through “Artistree”, their Terms & Conditions will apply alongside the terms at this contract.

BOOTH Product Terms of Use

Thank you for considering the products in BOOTH.
Please read the following terms of use before using the products.
If you have any questions about the use of our products, please contact THAYBROWNIE on Twitter (https://twitter.com/ThayBrownie) or the BOOTH store page (https://thaybrownie.booth.pm/).
Please note that it may take up to a week for us to reply.

DISCLAMER

  • The copyright of the products in BOOTH belongs to THAYBROWNIE.

  • THAYBROWNIE is not responsible for any trouble caused by using this texture.

  • No refunds or returns are allowed after purchase.

  • These terms of use are subject to revision without notice, and the latest terms of use will always apply.

  • You will be deemed to have agreed to the terms of use at the time you use this data.

PERSONAL USE

Permission to use

  • Modification of data, use of modified data

  • Use as an individual Vtuber or personal avatar.

  • Use of the data for 3D models other than Vroid models

  • Use in VRSNS such as VRchat, Virtual Cast, cluster, etc.

  • Use in posting and distributing videos

  • Use as goods

  • R-18 use

If you have any questions about the contents we provide for free, such as
If the content you provide for free does not fall under any of the prohibited items listed below, we will basically allow it.

Credit is required

  • Use in books and photo collections

  • Use in the posting or distribution of monetized videos

Prohibited

  • Redistribution or sale of data

  • Redistribution and sale of data ・Using avatars from Vroid Hub or VRchat by other people.

  • The use of avatars from Vroid Hub or VRchat by other people (other than the person who downloaded the data from the booth)

  • Use for religious, antisocial, or discriminatory content.

COMMERCIAL USE

For commercial use, we ask that you purchase the paid version, even if you plan to use the free version.
Basically, if the following prohibitions do not apply, we will basically allow your use.
We ask that you grant us credit for the first time you use the product.
If you use the same product more than once, you only need to give us credit once, and the rest is optional.（Items that do not have a "credit required" statement.）

Permission for use

  • Alteration of data and use of altered data

  • Use as a corporate Vtuber or corporate avatar

  • Use for 3D models other than Vroid models

  • Use in VRchat, Virtual Cast, cluster, or other VRSNS

  • Use in monetized video posting and distribution

  • Use in R-18

Credit is required

  • Use in books and photo collections

  • Creation of goods

Prohibited

  • Redistribution or sale of data

  • Redistribution and sale of data ・Using avatars from Vroid Hub or VRchat by other people.

  • The use of avatars from Vroid Hub or VRchat by other people (other than the person who downloaded the data from the booth)

  • Use for religious, antisocial, or discriminatory content.