TERMS OF SERVICE
Section 1: OVERVIEW
1.1: My art style is my own.
1.2: You will not repost my art without written consent.
1.3: I have the right to refuse a commission.
1.4: Must provide important information prior to receiving the invoice.
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Section 2: PAYMENT AND PLANS
2.1: I'm entitled to place a price on my art.
2.2: You will only receive your artwork once you have paid the requested amount.
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Section 3: RIGHTS
3.1: I retain the rights to the artwork produced.
3.2: I hold no responsibility over copyright infringement claims towards content created by other companies.
**3.3: You will not use my work for commercial use or any means of reproduction.
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Section 4: ART PROCESS
4.1: Artwork that depicts real life people must sign a consent form.
4.2: Lack of references/guides may be denied at once depending on complexity or will automatically be given creative freedom.
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Section 5: REFUND POLICY
I do not give refunds.
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Section 6: SPECIFIC ART COMMISSIONS
6.1: Emote Commissions
6.1.1: Price
**6.1.2: Art Process
6.1.3: Rights
6.1.4: Refunds
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**Added since 01/06/2022
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Section 1: OVERVIEW
1.1: My art style is my own.
My art style is a combination of my own skills and favorite art styles that I have refined over the years. It will change depending on the mood and personality traits of the character. As a growing artist, my skills will improve over time thus increasing the prices of my commissions. I will not learn drawing and colouring styles from other independent freelance artists. In rare cases, I can attempt a certain art style such as a simple cartoon, (i.e. Disney, Steven Universe) or anime, (i.e shoujo anime style, simple shounen) if requested. There will be additional fees as I will be learning a style that is different from my own.
1.2: You will not repost my art without written consent.
If you have any intention of reposting my artwork on any social media platform, website, poll, or forum, you must ask me first. A simple gesture goes a long way. If for any reason you cannot contact me, please redirect the reposted artwork to any of my social media handles - @frannyanart (Twitter, Instagram, Tumblr, Facebook)
1.3: I have the right to refuse a commission.
Any subject that goes against my policies will be declined at once. Non-negotiable at any cost. Refer to the list of what I can draw. I can decline a commission without explanation. I have the right to refuse a commission if you do not communicate in a friendly manner (ie. haggle my prices, pay in "exposure", any cursing/swearing). I am a human being with a passion for drawing, not a machine that can produce artwork at your convenience.
1.4: Must provide important information prior to receiving the invoice.
It is your responsibility to provide crucial information (such as: additional characters/props/detail, requests for backgrounds, kept private, special message, etc) as you are filling out your form or before I send the invoice. It will be less hassle for both of us to charge another invoice.
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Section 2: PAYMENT AND PLANS
2.1: I'm entitled to place a price on my art.
My rates are based in United States Dollar (USD) due to the high volume of American customers. I’ve put years of time and money into developing my artistic skills through formal education and equipment and I value what I've learned, including people who helped me become the artist I am today. Please do not negotiate my prices, I have no interest in lowering the costs. Not only does it undervalue my art, but it also undermines the hard work I've put into getting to where I am now. Should you haggle my prices, please consider commissioning another artist that meets your budget.
2.2: You will only receive your artwork once you have paid the requested amount.
As the commissioner, you are responsible for paying within the deadline. Invoices will begiven 10 business day to pay. Late invoices will be moved to the waitlist queue and will move back up to the regular queue once payment has been made. After 24 hours of being moved to the waitlist, I will cancel the commission. Under no circumstances will I accept commission work that is said to be "paid later". If you are on a tight budget, you may pay 50% upfront, and 50% upon completion. You must order $90CAD+ for this option. Early stage progress work will be provided. Should you not have the funds at all, consider commissioning another time or another artist.
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Section 3: RIGHTS
3.1: I retain the rights to the artwork produced.
Final artwork will have my watermark to prevent any distribution and improper crediting. Sketches and preview photos will be given in 75DPI, JPEG with watermark. I will be the primary holder of the artwork and will do whatever I wish with it, whether it's producing merchandise, streaming progress via Twitch, uploading the speedpaint on YouTube, posting them on my social media platforms, or re-creating it. You may request to keep them hidden from the public by simply adding a note on your commission form. Artwork produced by me will only be for personal uses such as: gifts, profile pictures, emotes, banners, etc. Should you request for the artwork to have no watermark, I will begin to charge you the commercial price (See: Payment Section).
3.2: I hold no responsibility over copyright infringement claims towards content created by other companies.
It is your responsibility as the commissioner to do your research and find out what copyright characters are allowed to be reproduced. You hold full responsibility for any charges. You are agreeing to take existing ideas, concepts, and characters as your own and having me draw it out. If you are willing to use existing ideas, please present written permission of the original creator that you are allowed to do so.
3.3: You will not use my work for commercial use or any means of reproduction.
Purpose of your commission is only for personal use, (ie. Avatar, profile picture, gift, etc) and will not be made for profit. Should you be selling my artwork online, a DMCA takedown notice via the platform you are selling my art on will be issued. If you refuse, a lawyer will be involved. This applies to NFTs (non-fungible tokens) or any type of cryptocurrency related methods.
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Section 4: ART PROCESS
4.1: Artwork that depicts real life people must sign a consent form.
If your commission consists of real human beings, you will need to present a signed consent form that you can download [here]. This is kept to your records and will only require another form if it involves another person(s). This is so I know that everyone is on board with the project. Should you forge the signature, I hold no responsibility over the third parties actions towards the non-consent.
4.2: Lack of references/guides may be denied at once depending on complexity or will automatically be given creative freedom.
As a visual learner, I work best with images so I know exactly what you're looking for. Long text descriptions won't allow me to see what you want. It is best to send as many references as you can so I can also determine the amount of detail the character may have. You are free to draw something out as well. I will be able to see what you want even if you do not posess the creative ability. You are free to send moodboards so I can understand the tone/mood of the character. Be sure to send your references before I send the invoice.
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Section 5: REFUND POLICY
I do not give refunds
My whole process allows you to see how I will draw what you need. Therefore you cannot "change" your mind because you do not like it. I'm more than glad to communicate and clarify anything to meet your needs. As this is my job, it would be unfair to not be paid for the work I've committed to. If you file a chargeback against me, I will refute it through paypal with proof of our discussion. I have the right to claim all evidence of discussion and applicable previous artwork. I will notify the online art community of your intentions.
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Section 6: SPECIFIC ART COMMISSIONS
6.1: Emote Commissions
6.1.1: Price
Emotes and/or sub badges are based on the collective price the art community has set. The price applies to Discord, Youtube, or Picarto emotes. Twitch subscriber badges, cheerbits, etc fall under this category as well.
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6.1.2: Art Process
The full price includes ONE major design revision. Recolours and quick modifcations are free. Should you request for more design revisions or a completely new design, a second invoice will be charged
6.1.3: Rights
As the primary holder of the art, I will allow other people using it so as long as I have given permission and am properly credited. If you are uncomfortable with other servers/non-members/etc. using it, please let me know so I deny their requests.
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6.1.4: Refunds
Designs are not guaranteed to be approved by Twitch. If they are reported or denied, there will be no refund. It is your responsibility to follow Twitch guidelines for emotes.
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Last Updated: 01/06/2022