ENGAGEMENT

  1. Client must provide clear and complete requirements and expectations upfront, including reference materials or assets in the form given in the Carrd before Artist begins work.
  2. Client grants to the Artist non-exclusive rights to observe and replicate Client’s own character design, reference material and other intellectual property for the use of the Work.
  3. Client warrants that the character design, reference material and other intellectual property provided to the Artist are legally obtained and authorised for use by the Client.
  4. Client warrants that they have the authority to enter this agreement, be the point of contact and is solely responsible for decisions and approval during the process.
  5. Artist strives to perform to the best of their ability in good faith and warrants Work is 100% original according to Artist’s best knowledge.
  6. Artist may use commercially licensed, copyright-free and/or educational materials, assets and/or tools.
  7. Artist reserves the right to refuse projects or requests based on content, subject, or other reasons.
  8. Artist defines scope of work, features, price, deliverables and other details for the project in a proposal in a format according to Artist discretion which may include private message through Discord or Twitter, VGen platform, Google document, or email. The details set forth by the Artist shall be agreed upon by the Client before work begins.

CONTENT RESTRICTIONS

  1. Artist will not create content that is explicit, offensive, or inappropriate.
  2. Client is aware of the Artist's messy art style.
  3. Specific restrictions include but are not limited to real people, controversial topics, heavy nsfw content, detailed/dynamic poses and backgrounds, detailed character designs and props, elderly, infants, facial hair, anthros, furries, mecha, and animals.

TIMELINE AND PROCESS

  1. Work completion requires 4 weeks minimum, and may take up to 4 months depending on each project and the condition of the Artist's carpal tunnel syndrome.
  2. Timeline depends on commission type, complexity, and workload.
  3. Client should plan launches and streams accordingly.
  4. Artist provides progress updates and seeks Client feedback voluntarily.
  5. Final deliverables are provided by the Artist using the VGen platform and email in PNG formats as applicable (unless stated by the client accordingly). Any files hosted by the Artist will be available for the Client to download for as long as the file is sent.
  6. If there are any delays and adjustments to timeline, the Artist will inform the Client.
  7. Clients must first agree to delays and amendments to timeline exceeding 3 months through standard communication channels.

REVISIONS

  1. Three revisions are free for the Client to use during the entire commission process.
  2. Mistakes on the Artist's part does not count to this, examples are:
    • Missing design elements (ex. the Client's character wears a brooch on their coat, but throughout the rendering process the Artist hasn't add it yet).
    • Missing rendering (if the Artist claim the piece is finished but the Client notices an area that hasn't been rendered yet).
    • Going against the Client's wishes without approval (ex. the Artist makes the background color purple instead of the color the Client wanted without their permission.)
  3. After rendering, only minor revisions are allowed such as color tweaks.
  4. Additional charges for excessive revisions may be required.
  5. Revisions may affect progress and timeline.
  6. Clients may do minor edits but is not allowed to heavily edit the work after final delivery.

COMMUNICATION

  1. Ongoing communication and discussion will occur throughout the project, including work in progress, idea generation and collaboration, situational updates, and more.
  2. Communication channels may include Discord, Twitter, Instagram, Trello, and Email.
  3. The Artist and Client agree to discuss relevant matters concerning the project. Both parties have the right to decline other topics of discussion.

RIGHTS & USAGE

Artist Rights

  1. The Artist retains copyright, ownership, redistribution and intellectual property rights, which includes but is not limited to display, advertising, printing, the Work and work in progress on websites, social media, portfolios, public broadcast channels (i.e. Twitch) and more.
  2. The Artist may use rejected work in progress and versions for other projects according to their discretion, under the condition that it does not infringe the Client's intellectual property rights and ownership of their likeness, character design, branding, identity design or any alike.

Client Rights

  1. Clients receive non-transferable usage rights to the Work for personal use. Refer to no. 2 for commercial rights.
    Personal use means: display on social media accounts for promotional purposes with no direct monetization, such as profile pictures, banners, and posts; print and framing in personal spaces; display as part of designs on websites and channels, excluding use in content of these websites or channels.
    Client must not claim Work as their own and must credit Artist using their social tag/username/link at the instance of display of the Work or permanently on their websites, social media profiles, broadcast channels and so on.
  2. Client Rights for Commercial Use Licensed Works
  • Commercial usage rights are not included in general commissions, unless specified in the commission type or project specifications listed on the Artist’s websites (i.e. vtuber models, stream overlays, emotes, and so forth), or is purchased by the Client and agreed upon.
  • Commercial rights may differ for each commission type. Commercial broadcast rights means usage of Work on streams, videos, advertisements and other content, or any similar monetized instances; commercial distribution rights means selling or reselling Work to another party, as a part of any product or merchandising, or on another platform.
  • In the case of original design work and assets for the purpose and definition of the Client's brand identity such as character design, logo design, and more, intellectual property rights of the designs and their likeness are exclusively transferred to the Client for use, production and modification purposes, commercial or personal. (Please clarify in further detail for each type of work if necessary).
  • Usage of Work for AI (artificial intelligence) tools, platforms or programs; ML (machine learning) tools, platforms or programs; AI or ML training; NFT; blockchain; or other for-profit platforms/purposes, is strictly prohibited.
  • Additional charges will be required for commercial usage if not included in the project type, listing, or specifications, typically 3x of the original cost.
  1. Usage of Work for AI (artificial intelligence) tools, platforms or programs; ML (machine learning) tools, platforms or programs; AI or ML training; NFT; blockchain; or other for-profit platforms/purposes, is strictly prohibited.

PAYMENTS & FEES

  1. Invoices, proposal or payment link will be sent to the Client when Artist is ready to begin work. Clients must not send money before these requests for payment from the Artist.
  2. Invoices must be paid within 72 hours, or the project may be cancelled.
  3. Client may use the code "yammy 🤤" next to the 'Thank you!' of the form for $10/Rp50K off your order. (can only be used once until further notice, and does not apply to any "experimental commissions" since they are already marked down.)
  4. Prices in USD, are paid via VGen, PayPal, and prices in IDR are paid via BCA digital. Methods are as provided by the Artist.
  5. Prices may vary or change depending on complexity, requirements and/or additional requests.
  6. Once Work has begun or payments have been made, the Client acknowledges Work and deliverables are digital and there are no physically shipped goods to receive.
  7. Client agrees that they will not issue chargebacks and the refund policy mentioned below will be followed.

CANCELLATION & REFUNDS

  1. No refunds are possible after work begins unless initiated by the Artist and except for circumstances due to the Artist as detailed in REVISIONS.
  2. If Artist cannot complete work for unforeseen reasons, the Client may be eligible for a full refund. If work done up to this point is accepted and used by the Client, the Artist will provide a partial refund according to the amount of work complete.

CONFIDENTIALITY

The Artist and Client acknowledges that information and materials that are provided to either party (including but not limited to personal information, technical information, marketing plans, payment information, or sensitive business information) outside of the development of Work, that will not be visible to the public, shall be considered confidential information and shall not be disclosed to any other party without prior written permission from the owner of this confidential information.

INDEMNIFICATION

  1. Client indemnifies Artist against claims, losses, damages, and expenses related to Work usage by the Client, breach by the Client of the Agreement, or third-party claims.
  2. If Client's rights and the terms of this agreement are violated or the Work is not delivered as agreed, due to Artist negligence, Artist will work to remedy the situation first according to the terms aforementioned and otherwise to the satisfaction of the Client.

ACCEPTANCE

  1. Client is 18+ and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf.
  2. Agreement date is upon first inquiry/communication or first transaction.

Template by
keyokku
Illustrator, Vtuber, Model Artist

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Pub: 14 Oct 2023 13:15 UTC

Edit: 18 Dec 2024 04:26 UTC

Views: 115