1. Scope of Work 

The Artist agrees to create either a physical painting or digital artwork (the "Artwork") based on the Client’s specifications as discussed and agreed upon prior to the start of the commission. The final details, including size, medium, style, subject matter, and price, will be confirmed via email or written communication before any payment is made.

2. Copyright Ownership  

The Artist retains full and exclusive copyright ownership of all Artwork created under this Agreement. This includes all reproduction rights, distribution rights, and the right to display, promote, or sell the Artwork or derivatives thereof. The Client receives a personal, non-exclusive, non-transferable license for personal use only, unless otherwise agreed in writing.  

If the Client wishes to obtain full commercial ownership and copyright transfer of the Artwork, the price will increase accordingly. This must be discussed and mutually agreed upon via email before or during the commission process.

3. Physical Paintings 

- Payment Terms: For commissions priced over $300: Payment shall be split as 50% upfront and 50% upon completion.  

- For commissions priced over $500: Payment may be split as 25% upfront, 25% at the midpoint (upon approval of progress), and 50% upon completion.  

- The Artist will not begin the painting process until the initial payment (50% or 25%, as applicable) is received in full.  

- The Artist will not ship the physical painting until all payments are received in full.  

- The Artist will provide photo updates of the work-in-progress via email. The Client must provide approval before the Artist proceeds to the next stage.  

- All payments are non-refundable.

4. Digital Illustrations 

 - If the Client wishes to include character(s), pet(s), or animal(s), the Client must fill out the Artist’s “Character Art Commission Form,” which contains additional questions relating to character customization. Complex backgrounds are included in this commission type as well.  

- The Artist has the right to use any photo references or materials provided by the Client for the purpose of creating the Artwork.  

- Payment Terms: All digital art commissions have a base starting price that the Artist may vary at any time. Complexity and timeframe will determine final pricing and will be discussed and mutually agreed upon via email before the commission begins.  

- Custom size prices will be discussed and quoted via email.

- For commissions priced over $250, payment shall be split as 50% upfront and 50% upon completion.

- For commissions priced over $450, payment shall be split 50% upfront, 25% upon midpoint, and 25% upon completion. 

- The Artist will provide low-resolution photo updates of the work-in-progress via email. Each update will include the Artist’s watermark. The Client must approve each update before the Artist continues.  

- The full, unwatermarked, high-resolution digital file will only be sent via email after all payments are received in full.  

- Any changes or revisions requested after the Artwork is completed will be billed at $50 per hour.  

- All payments are non-refundable.

5. Termination and Refunds 

Both the Artist and the Client have the right to cancel the commission at any point for any reason. However, no refunds will be issued for any payments already made, regardless of the stage of completion. The Artist retains all rights to any work completed up to the point of termination, including the right to use it for portfolio purposes.

6. Communication and Approvals 

All approvals and communications regarding progress, changes, or approvals must be made in writing via email. The Client’s failure to respond to update requests within [e.g., 7 days] may result in the Artist pausing the commission or considering the current version as approved.

7. Shipping (Physical Paintings Only) 

Shipping costs are the responsibility of the Client and will be quoted separately. The Artist is not responsible for damage or loss during shipping once the painting has been handed over to the carrier. Insurance may be purchased at the Client’s request and expense.

8. Governing Law and Dispute Resolution 

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in Williamson County, Texas, and the parties hereby consent to the personal jurisdiction and venue of such courts.

9. General Provisions  

- This Agreement constitutes the entire understanding between the parties.  

- Any modifications must be made in writing and signed by both parties.  

- The Client represents that they have the authority to enter into this Agreement and that all provided information is accurate.