COMMISSIONED ARTWORK

TERMS and CONDITIONS

Please read the following terms and conditions before requesting a quote.  By proceeding with a request, you acknowledge that you understand and agree to these terms and conditions as a general contract for commissioned artwork. Requesting and receiving a quote does not obligate you to proceed with a commission.  To commission work, you MUST be of a legal age to enter a contract.

REQUESTING QUOTES:

Price Estimates

My biggest consideration in the price for artwork is the time it takes to complete.  A world map takes much longer than a wilderness encounter map.  A detailed city map may take longer than a world map.  I’m not able to give set rates as everything is variable depending on the scope of the project, the level of detail you need, how quickly you need it finished, the license attached to it, and other factors.

The accuracy of the quote I provide you is limited by how well you describe your needs.  A quote is just a number, but that number is often reached by way of a complicated equation.  I’ll probably need to ask a few questions before I can arrive at a quote unless you’ve accounted for everything I might need to know in your initial description.

Quotes are provided as estimates only, and the actual price may be adjusted up or down as work progresses.  In the event any increase above the quoted amount is necessary, I will communicate to you the reason for this, and you will have the opportunity to agree either to an increase in the price or to a compromise in the work I am providing.

Due Date Estimates

Please inform me of your timeframe in needing finished work, in the form of a requested due date (yesterday and ASAP are not valid options).  I will inform you as to how soon I am available to begin a project and provide my best estimation of when I can complete the work.  Pricing is subject to upward adjustment if I’m required (and able) to push aside other work to meet a sooner deadline than normal scheduling allows.  However, your need in no way obligates me to rearrange my schedule.  If I am booked and you cannot wait, there are other people out there who might help you.  I reserve the right to politely decline any commission (or quote) request.

LICENSE RATES DEPENDING UPON USE:

The intended use has some influence on the price.  I charge more for commercial licenses, but this means I don’t have to ask you to track your sales and pay me royalties.  Again, many factors determine this pricing, so there is no set rate chart.  Price quotes are at my own discretion.  Licenses are defined as follows:

Personal Use License

If your commissioned artwork is strictly for personal use, you may not publish or distribute it commercially.  I retain copyright and all rights to the image(s), and may use the image(s) for promotional use and for my own commercial use if I wish to do so.  My copyright tag and “All Rights Reserved” may appear on the image(s) at my discretion.

Limited Commercial License

A limited commercial license is needed if you plan to use the image(s) in a product that will be sold as a published work.  This rate compensates me more as you will profit from the use of the image(s), but also entitles you to the most polished and professional image(s) I can provide, at whatever resolution is needed for printing or publication.  This is essentially a one-use license that allows you to use the image(s) in the specific commercial publication or product it was commissioned for (i.e. a game manual, a printed poster, etc), but does not grant you copyright or any exclusive rights to use the image(s) over and over in different instances.  I retain copyright and may use the image(s) for promotional use, as well as for my own commercial uses if I wish to do so.  My copyright tag and “Used Under License” may appear on the image(s) at my discretion.

Full Commercial License

This entitles you to the best quality image(s) I can provide, as well as unlimited rights to reproduce the image(s) in the future, in other products or publications.  All copyright and publishing rights to the image(s) are transferred to you.  I can place a copyright tag on the image(s) indicating you are the copyright holder, unless this is not desired.  Under this license, I retain no commercial rights to reproduce the image(s), except for promotional use as a portfolio sample with your permission.

COMMISSIONED WORK PROCEDURES

Invoices, Deposits and Partial Payments

When we agree to terms on work, price, and deadlines I will send you an invoice for the quoted price.  At my discretion, a non-refundable deposit may be due at the start of the project in order to begin work.  If a deposit is required, work does not begin until the deposit is paid, regardless of the stated due date.  You may pay any of the remainder at any time before the due date.  Full payment of the invoice remainder is due upon approval of the final proofs, and before you receive full-resolution files.

Proofs and Communication

When helpful or necessary, I will provide proofs at certain stages of the work to receive your approval that I have the right idea and should proceed in that direction.  It is necessary that you remain in communication to approve proofs or answer questions while your project is in progress.  I am not responsible for any deadline that may be missed due to any lack of timely responses on your part.  If I misunderstand your instructions, please point out the error and I will correct my work.  If you give new instructions that contradict previously-issued instructions, any work required to comply with the new instructions will incur additional charges for time, if necessary, at my discretion.

Instructions vs Artistic Autonomy

Your instructions are important, and they must be communicated.  I will assume you are paying an artist to design your artwork because you want me to make artistic decisions and nuanced choices with freedom to interpret the project in my own unique way.  If I have questions, I will ask you.  However, I may assume in some instances where you omit instructions that you are leaving that decision to me.  If you have stringent requirements for the image and expect it to match exactly the vision in your own mind, please communicate this at the start.  Numerous proofs will be required at every stage to minimize wasted time and do-overs.  Requirements that existed in your mind but were not communicated to me may be treated the same as contradictory new instructions (see above).  “I wanted to see what you came up with before I told you what I actually wanted” is never a good strategy, and will likely result in additional charges for my time.

STIPULATIONS

Intellectual Property

Whatever the license agreement, you retain ownership of the intellectual property represented by the image(s) I create for you wherever this is appropriate.  For example, I do not claim to own any rights to your game world simply because I create a map of it, even when I retain rights to use the map image itself.  However, if the intellectual property is not yours to begin with, you may not commission images from me, as I cannot and will not infringe on others’ copyrights.  This would include derivative works of another artist’s images, or any representation of characters, vehicles, weapons, and environments that are trademarks or intellectual property of any third party.

Cancellations

If you decide to cancel work you have ordered before it is completed, I will cancel your invoice, but any non-refundable deposit you may have already paid remains non-refundable.  Cancellation also forfeits any rights you have to the image(s) and I am able to use the artwork without restriction for any personal, promotional or commercial purpose, if I wish to.

Privacy Notice

Once your project is completed I will not use your contact information for marketing purposes or to contact you again for any reason unrelated to your completed project.  I will never share your contact information with third parties unless I am compelled to do so for some unlikely legal reason.

Other Terms as Negotiated per Instance

If you have a question or concern which is not answered by these terms and conditions, please feel free to ask and I will be happy to discuss with you any issues requiring our agreement.

WarSigil.com

Revision 00; 5-2018