Terms of Service:
These Terms of Service are relevant to NONCOMMERCIAL projects only and are subject to revisions, editing, and additions without notice. Prices and policies are based in part off of the "Graphic Artists Guild Handbook: Pricing & Ethical guidelines, 13th Edition" book.
COMMERCIAL projects can be discussed at WildElementStudios@live.ca and will have it’s own form/agreement based on the project.
1) General
1) By filling out this form the Client agrees that they are a legal adult in their place of residence AND are at least 18 years or older.
2) The Artist uses Invoices and payments must be made through them. Do NOT attempt to send payment by other means unless otherwise instructed (ex: in case of an E-transfer)
3) The Artist primarily draws anthropomorphic animals. Human faces, machinery, weapons, ferals/quadrupeds, etc., are not actively offered. You may still request these subjects in your commission form and they will be looked over case by case. The Artist has the right to decline a commission for any reason and will not accept a commission if they suspect the finished product will be subpar.
4) The Artist will draw any animal species (real or mythical) and will use references to ensure that the creature is portrayed well to its likeness. If your request contains a character of a generic or unspecified species, the Artist will draw something generic unless otherwise stated.
5) Please be advised that it is the commissioners' responsibility to provide the Artist with all of the information needed for the commission. This means having a clear and concise visual reference as well as a description of what is wanted. If the Client has no pose in mind or requests a “Wing-it”, please provide a short personality description. If you do not provide a pose idea and dislike the pose drawn in the sketch phase, please be advised that re-doing the sketch will cost you the price of another sketch.
6) Please expect 2-6 week turnaround time, depending on the commission type. If communication is slow or the Artist must wait on content from the Client to complete the image, it will take longer. Due dates will be accepted on a case by case basis but are not accepted often.
7) The price guide shows PER CHARACTER BASE PRICES only and are subject to change depending on the concept, complexity, size, medium, etc.
8) In the event that the Client is unreachable by ordinary means (email) for 2 or more months, the Artist reserves the right to cancel the commission and retain a 5% fee on top of being paid for what they already have worked on, this is to cover time spend sending communications. If the Client is unreachable for 3 months or more, a refund will not be issued. The client is welcome to request credit valid towards another commission at the Artists current rates (having rescinded their spot in line due to lack of communication). Said future commission will be facilitated as soon as the Artist is able to fit it in outside of current paid obligations.
9) If the Client is buying artwork of/for a 3rd party (friend, family, etc) they must have permission to use the 3rd party’s character and the Artist has the right to ask for contacts to said 3rd party to confirm and/or the Artist may contact the 3rd party seperately from the Client's given information. If evidence is not clear that both parties are acquainted or cannot confirm with the 3rd party, the Artist may refuse the commission.
10) Any and all artwork that the Artist creates, may not be used for commercial purposes without written and signed permission and may never be used for the purposes of minting as an NFT (Non-Fungible Token) or use in an AI project.
a) I will not use AI generated "artwork" as references for any portion of my projects at this time as they are images stolen from other creators and I cannot easily source the artists, nor ensure that I am being respectful of their wishes (becasuse by using the AI to begin with, their wishes and copyrights are already being violated.)
2) Quotes & Form Responses
1) The Artist aims to respond within 48 hours of form submission, not including holidays or days off. Work hours are roughly 9-5PM Pacific, Monday to Friday and does not include holidays. Vacations or Conventions will be posted on Social Media/the Client will receive a notice of absence whenever possible.
2) If the Artist does not respond within 7 business days, please send an email to WildElementStudios@live.ca as this may be an issue with form notifications.
3) Quotes are valid for only 6 months from the quote date. A new quote will be issued for any commissions that go forward after that 6 month cut off.
3) Telegram Sticker Specific Amendments
1) Each sticker will have an unobtrusive signature/watermark on it. This is non-negotiable.
2) The stickers will only be provided in a pack that the Artist creates themself, to ensure that relevant information/links/ID stays with the artwork and for easy access to update the pack, check stats, etc. The Client may not add them to a different pack or upload the Artists’ artwork to packs without permission. The Client will not recieve the digital sticker files themselves with this commission type. (If you would like to create real stickers from your digital stickers, this is an option! Please contact the Artist for this.)
3) There will be an ID sticker in each pack, regardless of how big the pack is.
4) Telegram stickers are PUBLIC by nature, which means that anyone who sees a sticker being used, has access to those stickers. The Artist does not include links to the packs when pack images are posted to galleries/social media unless requested by the Client to do so. If the Client wishes to have their info on the ID sticker for character ownership, please request this in the commission form.
4) The Artist WILL Draw
1) Anthropomorphic creatures. (Furries, MLP, etc.)
2) Mythical/Alien characters.
4) Nudity+ as long as content is consensual and legal. (Please ask if you are unsure about what you want drawn)
5) Minor Vore or Gore/Blood.
6) The Artists characters and scenerios with others (accepted on a case by case basis and only some characters are open for this.)
5) The Artist WILL NOT Draw (Unsure? ASK!)
1) Anything illegal (Beast, incest, illegal substances, etc)
2) Minors in 18+/inappropriate situations, soiled diapers, etc
2) Excretion/Defacation/etc.
3) Extreme Hyper/Vore/Gore.
4) The Artist will not draw anything that they feel is hateful to others or might promote it. Please don't ask the artist to draw characters in law enforcement uniforms or to draw guns, especially if they are based on real-world weapons.
5) Each commission is reviewed case by case and the Artist has the right to decline for any reason and does not need to disclose why.
6) Payments & Plans
1) Prices are in Canadian and can accept online payments via Credit Card, and some invoice platforms may allow payments through certain digital wallets. The Artist may allow E-Transfers for Candians but is accepted case by case.
2) At conventions, cash is also accepted. The Artist MAY have a Square Contactless Reader (credit, interact, etc) available for card processing as well.
a) Refunds for at-convention cash payments AFTER the event, will be done through online payment services. Cash or Money Orders through the postal service are not available.
4) Payment is required upfront before work will begin, and due within 7 days of invoicing (unless commission offer otherwise states or a later date is agreed upon.) If contact from the Client is not received after 7 days then the commission spot may be cancelled or greatly delayed, at the Artists’ discretion. Payment plans are available for orders above $150. The Client may email the Artist to discuss other plans and it will be looked at case by case.
a) Sketch Upfront Plan: The Client pays for the sketch upfront and then upon sketch completion and approval, the rest of the funds will be required before work continues to completion.
b) Half & Half Plan: The Client pays for the Sketch and Ink stages upfront. Once complete and approved, the rest of the payment is required before artwork completion.
5) E-Cheques are not accepted
7) Commission Process
1) The Artist will accept the following changes during the commission process:
Sketch: Re-pose limbs, small changes like expression/hairstyle/clothing alterations/etc. (Wing-its or "No pose idea given" commissions do NOT get any pose re-do's.)
Line-art: Small changes like expression, clothing/accessory detail alterations, anything missed from the reference/details given, etc.
Flat Colours: Any colour/marking mess-up will be changed.
Final Artwork: Case by case, but generally no alterations are allowed once the work is complete.
a) Revisions that do not follow these guidelines or become excessive may lengthen the commission process and may incur extra charges that will be billed separately. PLEASE take a good look at the work in progress’ given, sleep on it, etc.! The process will go smoother this way!
b) The Artist reserves the right to reject critique pertaining to artistic skill or style preference (i.e. anatomy, coloring style, etc.) or if said critique reduces the artistic quality of the piece.
2) All commission communications will take place solely through email at WildElementStudios@live.ca for the purpose of record keeping and consolidation for easier access during the work process. The Artist will not discuss commissions with a client using personal note systems, instant messenger, or public forum EXCEPT in certain cases at in-person conventions situations and answering basic questions. The Artist has the right to refuse outside services even then, however.
3) The Artist will email the Client work in progress images at every stage (thumbnail/sketch, inks, flats, final) and keep in contact with them regularly however, please do not contact requesting updates before 2 weeks has passed unless a due date has been previously agreed upon.
a) The Artists public queue is visible on TRELLO
b) If the Client contacts the Artist more than once every 2 weeks asking for updates, contacts the Artist outside of email about commissions, chats with the Artist regularly about non commission things, etc., the Client is actually preventing the completion of work within the planned time frames and are circumventing the process. The Client will be warned, and then after that, the commission may incur fees and may be stopped until those are paid.
c) Please understand that being a client does not mean both parties are automatically friends. While the Artist is open to conversations/questions about art, shops, tutorials, etc., please keep them concise and short and please respect the Artists boundaries, off hours, etc.
4) The Client will recieve two digital copies of the artwork (regardless of if it's a traditional or digital piece); a small watermarked version and a large unwatermarked version. The small watermarked version is for public posting/sharing (more information in the Clients Rights section below) and the large version is for personal noncommercial use ONLY.
a) If the commission is a badge, the large unwatermarked version will be lightened/altered in preparation for printing. This is for digital badge commissions where the Client is responsible for printing and laminating, or if the Client ever needs to re-print the badge for personal noncommercial use in the future. (ex: If the first printed copy gets lost, ripped, bent, etc.)
8) Shipping
1) Shipping fees will be discussed if the Artist is to send the Client an original traditional piece, badge, print, etc. The Client must provide a valid Mailing Address to get an accurate shipping quote and this cost is NOT included in the commission price itself. All shipments will have tracking unless it is for something small that the post office does not provide tracking on.
a) VAT NOTES: I cannot ship to the UK unless you purchase the commission through Etsy, due to VAT requirements. EU I can ship to, but I encourage requesting an Etsy listing for it, so you don't get charged any penalty fees upon import.
2) Shipping costs may change depending on what services the Artist is able to use at the time. Be reminded that the Artist has no control over these costs and once the piece is mailed, the tracking, quality of shipment service, etc., comes down to the postal service used. Any questions or concerns about the shipment should be sent to the postal service itself, unless they require the Artists input for a claim.
3) Any duties, fees, etc to recieve the package at your location are the responsibility of the Client.
4) If the package gets returned to me, and you want it re-shipped, the Client is responsible for paying for the shipping again on top of any fees/shipping charges I incurred to have it returned. (~$10CAD but depends on location.)
9) Refunds & Cancellations
1) At ANY time during the commission, either party may ask to cancel the project. Neither parties are obligated to give a reason for cancelation. The Artist is open to discussing options if you are having troubles. (If your character is changing, you cannot pay the next payment installment, etc.) Commissions may be put on hold for up to 3 months at the request of the client, if they need extra time for the next payment.
2) If the Client wishes to cancel their commission before work begins, the artist will retain 5% of the original commission payment in Canadian dollars to cover the time spend communicating and setting up. If the cancelation is during the thumbnail or sketch phase, a 70% refund of the original payment will be issued. Inking stage will be case by case, depending on how much has been completed. No refund will be issued if the client cancels during the colouring stage or after the commission is complete.
3) If the Artist cancels the commission, they may choose to refund entirely, or may retain enough to cover the communication time/work completed if a work in progress image has been sent. The Artist has the right to cancel a commission for any reason, including but not limited to, poor communication, rude or inappropriate behavior, inability to communicate in clear/effective English, or unforeseen inability to complete the commission. The Artist retains the right to not provide the work in progress files if refuded 100%.
10) Artist Rights
1) The Artist retains ALL the rights to the commissioned piece and the rights to post it on any personal website, gallery, journal, etc., print it, make merch of, and sell it, which may also include altering the commissioned piece to be more generic for the printed version at the Artists’ discretion (the Client may also request this change be made, for up to 50% of the original commission payment.) Image rights may be negotiated for an additional fee of between 300-500% of the original commission payment, depending on what rights are being transferred. Depending on use, royalties may also be discussed.
2) If the commissioned work is a time sensitive gift, the Artist may delay public showcase at the request of the Client.
3) The Artist retains the rights to any assets created or unused/rejected sketches/concepts from the commission and may use them for future works.
11) Client rights:
1) The client has the right to post the small/watermarked versions of the commission to their gallery/social media/public/etc, as long as it links back to the Artist in the post/description. If the website the Client wishes to post it to, has no means to link back to the Artist, they may not post it there.
2) The Client has the right to print up to 3 PERSONAL copies of the piece (for display in their home or as gifts) and may NOT profit from the artwork beyond the resale of a physical original painting or drawing (traditional media, not digital). This includes the sale of the digital files, or rights to the image. If the commission is a reference sheet, more copies are allowed for in-person/convention handouts when getting commissions from other artists but must still be watermarked.
3) The Client may resize or crop the artwork to create icons, wallpapers or other graphics to be use in a non-commercial digital format, but may not alter the artwork itself. The Artist is also happy to make these upon request.
4) The Client may not, nor may they have another artist colour any commissioned sketches/lineart/unfinished works from the Artist, add on or alter the artwork or add it to a collage/other artwork without prior permission.