'Artist' = Nick Zorn
'Client' = the person who commissions the artist
The following information is the 'Terms of Service' for commissioning Nick Zorn for custom artwork.
Content/Subject Matter
- Artist will not draw explicitly sexual acts, illegal activities, hateful activities, or excessively violent and gory images. Non-explicit sexual activity, artistic nudity, light to moderate violence and gore, and humorously offensive work will be considered on a case by case basis.
- The client should already know the basics of what they want when inquiring about a commission. If the client does not know the exact details, they can discuss them with the artist, but the basic idea should already be known. Reference materials should be provided by the client if available. If reference materials provided are considered NSFW (Not Safe For Work), they should be marked as such.
- Artist will not copy or recreate someone else's original character without full permission from the copyright holder or it is a gift to that artist.
- Artist has the right to refuse any commission without explanation.
Display, Usage, and Copyrights
- Artist retains the right to display all commissioned work on any personal website or gallery. If the commissioned work is considered time sensitive, the artist may delay public showing of the artwork at the client's request.
- Artist retains all copyright to the commissioned artwork, including the right to make prints and merchandise. Image copyrights can be negotiated for an additional fee.
- Client may create up to five prints for personal use (display in their home or as gifts).
- Client may resize or crop the artwork to create icons, wallpaper, or other graphics to be used in noncommercial digital format, but the client may not alter the artwork itself.
- Client may upload the artwork to their personal website or gallery, but credit is required, and it must not be as a high resolution or unwatermarked version of the artwork.
- Client retains the copyrights to their own original characters.
- Client may NOT profit from the artwork beyond the resale of an original physical painting or drawing. This includes the sale of the digital files, or rights to the image.
- If the commissioned work is for a purpose where making multiple copies is necessary (book covers, posters, logos, etc.), rights to the image will be determined on a case by case basis.
- The client may not enter the artwork into any contests or otherwise use it to represent themselves in any way.
Quotes, Pricing, and Payment
- Prices are subject to change without notification. Commissions negotiated before updates to pricing will not be affected.
- Given a complete description of a commission idea, a preliminary quote will be provided. A $100 down payment will be required to start sketches and thumbnails for painted illustrations and concept work. Payment invoices will be sent to the email address provided by the client.
- The preliminary quote is subject to change during the sketching period, where unforeseeable difficulties and changes in composition may arise. The Client may ONLY request changes be made during this sketch period.
- Payment is due when the Client approves of a sketch and a final quote is provided. For commissions under $100, full payment is required prior to the Artist completing the work. For commissions over $100, multiple payments can be arranged.
- Commissions under $100 are nonrefundable and the commission will be completed and delivered. For commissions over $100 and done in multiple payments, all payments already received are nonrefundable. If a commission over $100 was paid in full up front, a partial refund can be arranged depending on the amount of work already completed. Regardless of price, if the Artist has already finished all work pertaining to the commission, it is nonrefundable.
- Digital commissions are completed from between 1000×1000 and 5000x5000 pixels and in RGB format by default; this may or may not be suitable for high-quality printing. If the Client would like a 300dpi, print-quality digital image, it needs to be negotiated beforehand for additional fees. CMYK images need also be negotiated beforehand.
- The client may cancel the order at any time BEFORE it is started for a full refund. Paypal fees will not be covered, if there are any.
- If there are any outstanding fees that are not paid, the client will not receive the original artwork or un-watermarked digital image of the commission until final payments are made.
- The Artist is not responsible for shipped goods after they enter the postal system. Insurance and/or tracking must be requested beforehand.
Contact and Communication
- The Artist and Client will communicate via email. The Artist will NOT discuss commission work via an instant messaging, journal, or public forum service. Please do not attempt to discuss commission work with the Artist via Facebook, Twitter, Skype, AIM, deviantART journal, or public forum topics.
- At any point during a commission, if the Artist does not receive a needed reply from the Client within two weeks, the commission may be canceled. If payment has already been received in whole or part, full or partial refunds are left to the Artist’s discretion pending eventual contact from the Client within sixty days. Refunds will not be initiated prior to Client contact. After sixty days, no refunds will be considered.
- Estimated turnaround is provided at the time of the first (or only) payment unless a deadline has already been discussed. If unexpected issues arise, the Artist will contact the Client as soon as possible to provide a new estimated completion date. If this becomes excessive, the Client may request a full or partial refund, depending on the amount of work that has already been completed.
- For more intensive commissions, the Artist may provide periodic updates at various steps like lineart, flat colors, shading, background, etc. If a multiple payment plan is arranged, these updates will generally coincide with each partial payment. For smaller commissions, to provide prompter turnaround, no periodic updates are provided unless specifically requested.
- The Artist does not necessarily work on commissions on a first-come, first-serve basis. Smaller commissions may be bumped in front of larger commissions for convenience, and several larger projects may be worked on concurrently.
- The Artist reserves the right to issue a refund and cancel a commission due to poor communication or inability to communicate in effective English. Artist will give at least 2 warnings before cancelling for one of these reasons. The artist may also cancel the commission at any time if the Client is excessively or continuously rude, demanding, childish, or inappropriate. In this case, the client will not be refunded and will be blacklisted.
Process
- Artist works best from *loose* ideas with this type of commission in order to move quickly and get the Client the best piece possible in the time frame given. Suggestions accepted but artist makes final judgments.
- Please provide visual, up to date reference sheets for characters. Description texts are accepted - HOWEVER, it may cost extra for additional time needed due to having to essentially design the look of the character.
- After filling out the inquiry form, artist will suggest the amount of time believed to be best to accomplish the image described, but ultimately client chooses number of days.
- More time will always give a more detailed piece. As a base, one day is recommended for a decently rendered single character.