Gilded Canary Designs

These terms and conditions are relevant to NON-COMMERCIAL projects and are subject to revision without notice. Commissioned images are copyright © Evita de la Vega. For information on freelance/commercial work please feel free to email me at gildedcanarydesigns@gmail.com

 

Agreeing to a commission is a commitment between the Artist and the Client and the terms of agreement must be clear between both parties. You (the Client) must read, understand and agree to terms before entering into an agreement with me (the Artist aka Evita de la Vega or Gilded Canary). Please read these policies carefully as they may have changed.

 

By commissioning and purchasing artwork from me, you automatically agree to the terms below.

 

If you have a problem with any of these terms, they may be changed if discussed with me prior to paying for your commissioned piece.

 

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1. GENERAL TERMS

• All drawings may or will include a subtle sign that you may not remove.

• I might record the drawing process and post it on my YouTube.

• Prices are subject to change based on demand.

• I have the right to reject any order that I do not feel comfortable drawing for any reason.

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2. PAYMENT

• Currency accepted is USD and can be paid through Stripe via Ko-fi. 

• Commissions must be paid 100% upfront or, if the commission is $150 or more can be split 50% upfront and 50% after sketch approval.

• Don't send me any payment before I have agreed to give you a slot and requested you to send me the payment.

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3. PROCESS AND DELIVERY

• You fill out the order form notifying me of the commission you're wanting and the rough details.

• I reach out to verify that you have secured a spot on my commission list.

• I will notify you 1 - 2 weeks before I start on your commission at which time we will discuss your commission in full, you will get your invoice and payment can be processed. I will then notify you when I have started on your commission and you, therefore, lose the rights to a refund (see point 8 further below for more info on refunds)

• While I'm working on your commission I will make reviews with you to make sure I make it just right for you!

• The amount of reviews depends on the complexity of the work.

• During the reviews, you will see work-in-progress and these images will usually include a watermark and be smaller than the finished piece.

• The time it takes to finish your commission varies 2 weeks - 3 months depending on factors such as health, the complexity of the commissioned piece, other work and home life.

• If anything comes up that will slow the progress of the initially estimated delivery time I will let you know asap.

• Once the piece is finished you will receive the full-resolution image along with a web-friendly size. Note that there is no physical product. Depending on where you live, we can arrange to print your artwork. Just ask :)

• You can find updates on your commission at any time by going HERE. If you have further questions please feel free to email me at gildedcanarydesigns@gmail.com

 

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4. REVISIONS

• You get 3 rounds of changes on the commissioned piece included in the price.  Major revisions can occur during sketch phones, minor alterations can occur up to flat color applications, and minor color changes can occur up to final stages.

• A fee will be added if you want something changed on the final drawing - unless a misunderstanding from my side has been made.

• If you wish for me to change something in the drawing you have previously approved, I will charge you a fee to change it. The amount of the extra charge depends on the change you want me to make and is usually based on an hourly wage.

• If your reference is unclear to start with changes will come at an extra charge.

 

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5. CHARACTER DESIGN POLICY

• You retain all rights to the character of any design purchased from me, be it custom-made, design exploration, or an adoptable.

• I will retain the rights to the original artwork that I've created, so that comes with some additional rules you must be aware of:

 

WHAT YOU CAN'T DO:

• Purchase character designs, design exploration, or adoptables from me for the main purpose of reselling it (Design Scalping). If I discover this is your intention, you agree to automatically revoke any rights to the design back to me, of which I may do with it as I deem fit, and you will be blacklisted. You also agree that, should you be caught reselling against my stated terms, you are responsible for reimbursing anyone you sell the design to once I have reclaimed ownership of the design in question.

• Claim the artwork as your own

• Use the artwork for commercial purposes (such as merchandise, prints, etc) unless otherwise agreed upon.

 

WHAT YOU CAN DO:

• Upload the design/ref sheet to your social medias, galleries, and personal websites

• Use the character/design for anything you want, be it role-playing, comics, a story, or persona.

• Re-home the character after at least 1 month of ownership minimum. Cannot be resold for more than it was purchased for.

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6. COPYRIGHT / USAGE POLICY

I, Gilded Canary (the artist), claim the rights to the produced drawing, not the buyer. Therefore I am allowed to use the copyrighted artwork to:

• Promote myself with it everywhere

• Publish books with it (art books, etc.)

• Display it everywhere to my liking (website, social media, etc.)

• Post it wherever I want

 

The buyer is allowed to:

• Use the commissioned piece for personal use unless agreed otherwise (you can upload it on all your social media profiles, forums, etc.)

• Print the artwork and claim the character(s) as their own, but not the artwork itself.

• Use the artwork to promote themselves. You are not forced to give me credit when you post it but it is very appreciated.

• Use the artwork on their YouTube channel and in monetized videos as long as the artwork itself is not the main subject for the earnings.

 

The following is considered copyright infringement:

• Reproducing/using the copyrighted artwork commercially - means making money off it in any way, including but not limited to merchandising, book sales, tokenization, or NFTs.

• Claiming the artwork as your own

• Removing my signature from the artwork

• Altering the artwork without my consent

• I reserve the full rights to the image and it's use/distribution unless otherwise agreed upon (commercial licensing for the image for your own non-personal use may be purchased at any time).

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7. CUSTOMER SATISFACTION

• I will do everything I can to make my customers happy! (within reason)

• If you have a problem with anything in regards to the commissioned piece please tell me right away so we can find a solution together.

• I am willing to change some of my terms for you if you ask before I start on your commission. If you, e.g., do not want me to post your art anywhere, we can discuss this.

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8. REFUND / CANCELLATION POLICY

• The buyer is not allowed a refund once I started working on the commission.

• If for any reason I am unable to start or complete your commission you will receive a full refund.

• If you cancel your order before I've started it, you can get a full refund.

• If you are getting a refund, do not request a PayPal charge-back. I will transfer the money back to you myself.

• If you request a PayPal charge-back at any point when you were not allowed to ask for a refund you will lose all before-mentioned rights to the commissioned piece and I will have the full right to profit further from it in any way. I will decline the charge-back and supply PayPal with our conversations in which we talk about the commission as evidence that I have completed work for you. Furthermore, you will be blacklisted for commissioning me again.

 

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9. ABANDONED ARTWORK POLICY

• You are responsible to make sure that I have your correct and current contact information.

• You are expected to reply within 7 days to approve updates regarding their commission including but not limited to the original sketch, revisions or changes, and the final piece. I reserve the right to interpret non-payment / non-communication for 14 days following acceptance of commission or update requests (whichever is later) as your resignation of any and all claims, rights, refunds, and/or interest in the work, at which point I retain full and exclusive ownership of the work. The work may then be auctioned, resold, modified, destroyed or otherwise disposed of at my sole discretion.

 

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If the buyer breaks any of the points stated above they will lose all the before-mentioned rights to the artwork commissioned by me, Gilded Canary (the artist), and I will have the right to profit further from the commissioned artwork in any way I see fit. If you have a problem with any of these statements, they may be changed if discussed with me prior to paying your commissioned piece.

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What do you get?

 

• Drafts/mock-ups that you must decide which one I should continue with (depending on the complexity of the commission there might be fewer or more drafts)

• Sketch and/or final sketches that you must accept before I continue the work

• Insight and involvement in color plan (depending on the complexity of the commissioned piece)

• Full-resolution file (approx. 8 x 10 " at 600 DPI) of final drawing and a smaller version for internet upload. Final file formats are usually PNG.