Terms & Conditions

The following Terms & Conditions are for the Commission of original artwork or designs from Fell (etaereal). The following information must be read fully and accepted before signing and dating the final Commission Agreement, which is legally binding.

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Commission Agreement

The discussion, documented via email (or where email is not available, via direct message), 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, 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 and any other documents related to the Commission for at least two years.

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.

Payment

Full payments must be made in the signing of the Commission Agreement prior to the Start of Work, or alternatively, a 50% up-front fee can be paid after the approval of the Commission Draft. 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 Purchaser until the agreed payment amount has been received. Payment method is determined as written in the Commission Agreement prior to the Start of Work (i.e. Stripe, Ko-fi). 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.

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).

Priority of Offers

Due to the Artist's full-time education, and the nature of said study hours, the Artist will prioritize each Commission request accordingly. Commission offers that satisfy the following components are placed as a higher priority than other offers. These components include the Artist's skill level, availability, the flexibility of deadlines, subject matter, pricing, and deadline if applicable. For example, commission offers based on particular subject matters that pertain the Artist's interest (i.e. environment, anatomy, anime, games, etc.) will be placed at higher priority than subject matters that are not in the Artist's relevant interests (i.e. social or political messages).

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 imagery.

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 or Spanish language, or a breach of these Terms of Service.

Artist Copyright and 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: Distribution, reproduction, use of the Commission for Artist promotion (e.g. Profiles, Personal Space, and Public Space, etc); or as it applies to new Terms of Service agreed upon in a "Transfer of Copyright Agreement." 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. Artist also retains full copyright for any preliminary designs and incidental works made in the creation of the Commission, unless otherwise agreed upon.

Commission Description

The Client must specify the content of their Commission to the best of their ability prior to a Commission Agreement. Alternatively, they may provide characters sheets which pertain to their person. A complex Commission will incur additional illustration fees, 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, regardless of whether the Commission is completed digitally or traditionally. A large display size will incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work. Commission pricing details can be viewed here; all prices are as a guide only and may not represent the final price of a particular Commission.

Deadlines and Flexibility

The Artist will NOT take on Commissions that have a) strict or short deadlines; and b) if the Client is not flexible on deadlines. This is due to the nature of the Artist's full-time education and is non-negotiable. If the Commission is time-sensitive, 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 or 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.

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.

Public Display and Use

The Client may display the Commission in Profiles as long as the Artist’s name (“etaereal”) is prominently displayed along with a link to"@etaereal7" for social media accounts. Additionally, any Profile display of the Artist’s Commission must notify the Artist, unless already defined 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.

Competitions

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

Digital Commissions

Digital art Commissions will be provided to the Client via email or an online download location in .jpeg or .png format (PDF possible); this does not include the Commission native files (e.g., .psd, .tif, etc.), unless agreed upon in the Commission Agreement, or thereafter, the Client obtains written permission from the Artist. Files will be of highest resolution and include both signed/watermarked and un-watermarked copies of the finished product.

Prints and Products

The Artist is not responsible for printing [creating a hard copy of] a digital art Commission, or reproducing prints of a traditional art Commission for the Client unless agreed upon in the Commission Agreement. The Client may use the digital (.jpeg, .png or .PDF) file for local printing, so long as it does not breach Term 6, Term 10, Term 11, and the Client obtains expressed written permission from the Artist prior to printing.

Promotion

The Artist may use any images of the Commission for promotional purposes unless otherwise agreed upon in the Commission Agreement (see Term 9 - Confidentiality). The Artist may also sell Limited Edition Prints or merchandise of the Commission (i.e. art books) only with written agreement from the Client.

Non-Destruction

The Client will not permit any intentional destruction, damage, or modification to the Commission.

Restoration

If the Commission is damaged or mistakes are evident, the Client will agree to consult the Artist before any restoration and must give the Artist the first opportunity to restore it, if practical.

Artist's Access

The Artist may have access to photograph or share the Commission at no expense to the Client and upon reasonable notice to Client.

Expiration

This contract binds the parties, their heirs, and all their successors in interest, and all Client's obligations are attached to the Commission and go with ownership of the Commission, all for the life of the Artist and Artist’s surviving family plus twenty-one (21) years unless otherwise stated.

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.

Damages, theft, and misplacement

The Artist is not responsible for any damages made to the Commission [traditional or digital print] 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 [traditional or digitally printed] Commission is safe and secure and will provide postage and tracking details to the Client once the Commission has been posted. The Client accepts all possible risks once the Commission Agreement has been signed and payment made. If damages have occurred, the Client must notify the Artist within seven (7) days of receiving the Commission and must provide evidence of said damages. If the Commission has been damaged but the Client wants to retain ownership, the Artist will refund 50% of the full amount back to the Client or as negotiated. If the Commission is stolen, lost, or perished during transit, the Artist will refund 50% of the full amount back to the Client or as negotiated [traditional and digital print]. Any damages or misplacement caused at the fault of the Client 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.

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 must state if they want a full refund or an alternative replacement. The Client will have thirty (30) days to send the [traditional] Commission and seven [7] days to send the [digital] 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 in full to the Client at the discretion of the Artist once the Commission has been received and in the described condition. For refunds regarding damages or misplacement in transit, please see Term 20 above.

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 25 will be applied as necessary.

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 the Start of Work or approval of the draft unless agreed upon in the Commission Agreement prior to the Start of Work.

Miscellany

This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties. 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 the State of California.

Damages

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

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Client Details

✧ Name:

The Client must state their name for a Commission (full-names are not required).

✧ Email Address:

The Client is encouraged to contact the Artist via email (renecampbellart@gmail.com) or contact form 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 email for smaller Commissions and projects.

✧ Other Forms of Communication:

The Client may request a different form of communication (e.g., phone message, Twitter, Instagram, etc.) to discuss a project before signing a Commission Agreement, by initially using the contact form on this website. However, the Artist must have the Client’s email 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 or a digital art print.

✧ Age:

If the Client is under 18, the Client must supply contact information for 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:

Commission type (i.e. full color, flat/base color.)
The subject matter of the Commission (i.e. portrait, half-body, full body, realism, etc.)
The mediums required (i.e. traditional painting, drawing, digital, etc.)
Size specifications (i.e. canvas size, resolution)
Deadlines, if any (must be flexible)
References or examples (i.e. character reference sheets, style references, photographic references etc.)
Themes (i.e. if the image should portray anything)
Copyright expectations (i.e. Transfer of Copyright)
Additional requests (i.e. digital prints, framing, etc.)

Terms & Conditions

Requiered Client Details

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Client Details