Commercial Use Contract

You must agree to the following terms before I can start an artwork for you.

These Terms of Service are relevant to COMMERCIAL projects.

Pricing

Displayed base prices are subject to change according to the complexity, difficulty, size or deadline of each individual piece. Background prices are priced at an hourly rate with a minimum and maximum price, to be discussed with Artist. The Artist reserves the right to reject any commission for any reason.
The Client must give a clear description of what the artwork will be used for, and how many copies they expect to print. The scale at which the Client chooses to use the artwork for may alter the pricing.
The Artist retains copy rights to the commissioned artwork. Image rights can be negotiated for an additional fee.
Clear and concise visual references and/or description of a commission idea must be provided by the Client. A Pinterest board or spreadsheet of clothing inspiration/mood of artwork/poses/etc may be sent, or a rough sketch for composition idea. A price quote will be provided by the Artist after receiving this information. If the Client asks for extra details after this point, additional fees will be added, and it may delay when the artwork will be finished.
At least 50% of the price must be made as a deposit within a month of quote before any work is done. Payment plans are available for those greater than $300. Once full payment has cleared, the Client’s commission will be added to the Artist’s work queue.
Payments are accepted in USD through Paypal, or in South African Rands through EFT. Proof of payment must be sent for all EFT payments.

Time and Changes to Art

The Artist only takes on 1 or 2 commissions at a time, and everything else is put into either a wait list or a queue. To join the queue you must pay a deposit, and that locks in your quote price. There is no deposit necessary for joining the wait list, but you will only be contacted if the full queue has been completed, and your initial quote price may have change if the Artist has raised their prices during that time.
Clients will be given an estimate on how long their piece will take to be finished, usually 2 weeks to 2 months from start. If Client has a strict deadline for this piece to be finished by that must be discussed before payment is made, to ensure Artist can commit to said deadline.
Client will be sent progress images of the commission, and have the opportunity to direct alterations of the work during the sketch stage, and again during line art and flat colour stage. Changes to these steps may increase the length of time a commissions takes, and will be billed separately, depending on how large these alterations are, starting at $5 for extra for each change. Please make sure you are fully happy with each step in the progress, as the cost of changes will increase the further into the progress changes are made.
The Artist reserves the right to reject critique and redline pertaining to artistic skill or style preference (i.e. anatomy, colouring style, etc.) or if said critique reduces the artistic quality of the piece.
Communications about commissions between the Client and Artist will take place solely through kayworxx@gmail.com for the purpose of record-keeping and consolidation, though please also provide the Artist with another means of contact (Instagram or Twitter), should you not respond to the email in a timely manner – please note that it is not the Artist’s job to run after you can try to get into contact with you if you are suddenly absent, so please be sure to check your email and ask for updates when necessary. If client does not respond to emails within 7 days with no prior warning of this absence they will lose their spot in the queue, as the Artist will have to move on the work of other Clients. Any prior estimate on how long the artwork will take or any established deadline will have to be updated to include the amount of time lost waiting for a response.
The Artist may not be available to answer emails on holidays, scheduled days off work, or emergencies, and may not reply immediately. But emails are sometimes lost in the shuffle or accidentally deleted, so if you do not receive an email reply within 7 days, you are encouraged to resend your email.

Refunds:

If the client wishes to cancel their commission before work begins, the artist will retain 5% of the original commission payment as a convenience fee. In the event of Client cancellation during the sketch stage phase, a 50% refund of the deposit will be issued. No refund will be issued if the Client cancels during the colour stage, or after the commission is complete.
If the Artist cancels the commission before any work has been done, 100% of the original commission payment in US dollars will be refunded to the Client.
The Artist reserves the right to cancel a commission and issue a partial or full refund due to poor communication, rude or inappropriate behaviour, or inability to communicate in clear/effective English, or unforeseen inability to complete the commission.
In the event that a client is unreachable by ordinary contact means (email) for 3 month or more, the Artist reserves the right to cancel the commission and retain a fee for work done.
If the Client is unable to get in contact with the Artist for months and the Artist misses deadlines, the Client is entitled to a full refund, or to an agreement of a partial refund.

Terms of Use:

The Artist warrants and represents that, to the best of their knowledge, the artwork is original, was drawn by the Artist, and has not been previously published. No AI-generated content was used in any step of the process of making the artwork. To stand with this grantee, the Artist asks clients not to use generative-AI to create a mock-up for the Artist to use as reference.
The Artist retains the right to display all commissioned work on any personal website, gallery, or social media, but will only do so after the Client has unveiled the final artwork on their own socials/after the agreed publishing date. Client may also provide their social media handles if they would like to be tagged in Artist’s posts.
The Artist will not post work in progress crops online or do live streams working on the commission during the commission process.
The Artist may recycle sketches and preparatory works that were rejected by the Client for other commissions or personal works, or alter the finished artwork for use on their social media or portfolio.
Client should specify exactly how they plan to use their image, as it will be helpful for how the Artist should go about formatting the final artwork. If you want the image in a certain file type, resolution or aspect ratio, please also specify this. For book covers and print work, the Artist is not to be held liable or expected to redraw or reformat anything if the sizing or file type does not work with the Client’s print company.
The Client will not use the artwork in any way other than specifically stated in agreement. For cover design work, if the artwork is commissioned for independent publishing it cannot be used as cover if the book is published by a publishing house and leaves the independent market, without the artist’s authorization, nor can this contract be carried over for use by a publishing house. If the publisher would like the Artwork to be published in a traditional market, the publisher must reach out to the artist for a new contract to be signed.
The Artist must be credited for work done. When uploading the artwork to their social media, personal website or gallery, credit line to the Artist must include either Kayworx or Kay Claire, and can be linked to any of the following: @Kayworx or @Kayworx_on_Paper on Instagram, @Kayworx_on_Paper on Threads, Kayworxx on Twitter, and Kay-Claire on Tumblr. For book covers, the Artist must be appropriately credited for Cover Art on the copyright page and exterior (wherever appropriate).
Client may resize or crop the artwork, but the Client must not alter the artwork itself, or remove artist’s signature.
The client will not use the art for NFTs or knowingly use it to train generative AI models.
Client will not sell the artwork in any form (such as upload the artwork onto stock graphic photo sites such as Canva) or claim artwork was done by them.

The Client must read, understand and agree to all the above terms before entering into an agreement with the Artist. Please do not hesitate to ask for clarity on any of the above points if necessary. By sending payment, the Client agrees to the above terms.