Terms of Service for Commissions

 
 

If you have a problem with any of these statements, they may be changed if discussed with me prior to paying for your commissioned piece.


Contents:

  1. GENERAL TERMS

  2. PAYMENT

  3. PROCESS & DELIVERY

  4. REVISIONS / CHANGES

  5. COPYRIGHT / USAGE POLICY

  6. CLIENT SATISFACTION

  7. REFUND / CANCELLATION POLICY

TLDR:

  • Changes after the rough draft stage cost extra

  • Payment must be up-front in USD $ ONLY, via PayPal or Stripe (card/bank transfer) ONLY

  • Time to complete commissions is between 3 hours - 3 months, SUPER dependent on artwork complexity + my schedule (Rush Orders are optional)

  • All pieces are for personal use ONLY, and NOT for mass production / profit

  • I retain copyright to all pieces, unless we make a deal for you to purchase the rights for commercial use

  • I have the right to publicly share the artwork(s), use them in promotional material, prints, portfolios, published work, etc.

*** By requesting a commission, you (the buyer) are stating that you have read and agree to all below Terms of Service conditions. ***

1. GENERAL TERMS

  • All drawings will include a subtle signature that you may not remove.

  • I might record the drawing process and post it on my social media.

  • I have the right to share progress photos publicly on social media if I choose.

  • Prices are subject to change based on demand.

  • I have the right to reject any order that I do not feel comfortable drawing for any reason.

2. PAYMENT

  • Currency accepted is USD $ ONLY and can be paid through PayPal or Stripe (card/bank transfer) only (no mailed checks or cash). 

  • Commissions must be paid either 100% upfront or split 50% upfront and 50% after the piece is complete. (50/50 option not available if you pay via Stripe).
     

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3. PROCESS AND DELIVERY

  • (More info on the request & commission process in my FAQ)

  • During the rough draft stage, BEFORE you approve the rough draft, you can back out and receive a full refund (ONLY as long as you have made no more than 3 changes).

  • I will notify you when I have officially started on your commission and you, therefore, lose the rights to a refund (see point 7 further below for more info on refunds)

  • While I'm working on your commission I’ll send update / work-in-progress photos to make sure the piece is just right for you!

  • The time it takes to finish your commission HIGHLY varies between 3 hours - 3 months depending on where you are in the que of commission orders (see my waitlist), the complexity of the piece, and my own life schedule.

  • If you need your piece done before a specific date, please let me know when you place your order! If you need it done sooner than 10 days from the day you pay, then you have the option to pay a Rush Order fee to GUARANTEE you get it sooner.

  • Once the piece is finished you will receive the full-resolution image, in PNG / JPEG / TIFF / .MP4 / GIF format (whichever applies), in a Google Drive folder. (Note that there is no physical product). You have 30 days to download / save the work until I delete the folder. (However, if something goes wrong on that end, no worries! Just contact me again and I’ll upload the piece to a new folder for you, no problem.)

 

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4. REVISIONS / CHANGES

  • At the rough draft / sketch stage, changes are free (within reason!)

  • At any point after the rough draft stage, a fee will be charged if you want something changed (unless, of course, a misunderstanding from my side has been made).

  • If you wish for me to change something in the drawing you have previously approved, I will charge you a fee to change it. The amount of the extra charge depends on the change you want me to make and is usually based on an hourly wage.

  • If your reference is unclear to start with, changes will come at an extra charge (avoid this by sending me several reference photos, at higher resolutions / clearer images!)

5. COPYRIGHT / USAGE POLICY

  • I, Loraine O’Brien (the artist), claim the rights to the produced drawing, not the buyer. Therefore I am allowed to use the copyrighted artwork to:

    • Promote myself with it anywhere

    • Publish it (artbooks, etc.)

    • Display it everywhere to my liking (website, social media, etc.)

    • Modify the piece to sell for prints (*this is only applicable to fan art commission requests)
       

  • The buyer is allowed to:

    • Use the commissioned piece for personal use (you can upload it on all your social media if you want to!)

    • Print the artwork and claim the character(s) as their own, but not the artwork itself.

    • Use the artwork to promote themselves. You are not forced to give me credit when you post it but it is very appreciated <3

    • Use the artwork on their Youtube / TikTok / Twitch 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 (making money off it in any way).

    • Claiming the artwork as your own

    • Removing my signature from the artwork

    • Altering the artwork without my consent
       

  • I reserve the full rights to the image and it's use/distribution unless otherwise agreed upon (rights to the image for commercial use may be purchased at any time).

 

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6. CLIENT SATISFACTION

  • I will do everything I can to make my clients happy!

  • If you have a problem with anything in regards to the commissioned piece please tell me right away so we can find a solution together.

  • I am willing to change some of my terms for you if you ask before I start on your commission. For example, if you do not want me to post your art anywhere, please let me know when you are placing your request.

 

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7. REFUND / CANCELLATION POLICY

  • The buyer is not allowed a refund once they approve the rough draft.

  • If for any reason I am unable to start your commission you will receive a full refund.

  • If you cancel your order before you approve the rough draft, you can get a full refund (UNLESS more than 3 changes have been made).

  • If you are getting a refund, do not request a Paypal chargeback. I will transfer the money back to you myself.

  • If you request a Paypal chargeback at any point when you were not allowed to ask for a refund, you will lose all beforementioned rights to the commissioned piece and I will have the full right to profit further from it in any way. I will decline the chargeback and supply Paypal with our conversations in which we talk about the commission as evidence that I have completed work for you. Furthermore, you will be blacklisted for commissioning me again.

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If the buyer breaks any of the points stated above they will lose all the beforementioned rights to the artwork commissioned by me, Loraine O’Brien (RainJeanne), and I will have the right to profit further from the commissioned artwork in any way I see fit. If you have a problem with any of these statements, they may be changed if discussed with me prior to paying for your commissioned piece.

*** By requesting a commission, you (the buyer) are stating that you have read and agree to all aforementioned Terms of Service conditions. ***

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