STOP! READ THIS BEFORE COMMISSIONING ME!



Please, read and be aware of the following Terms of Service. These are the Terms under which you will be commissioning me; paying for your commission confirms that you agree to these Terms. Please also be aware that these Terms are subject to change without warning; you may wish to give them a look-over before commissioning me each time, though I will usually notify on Twitter and my gallery sites if making major changes. I reserve the right to waive these terms for individual commissions if I see fit; I am unlikely to do so, however, so do not expect me to for yours. You must be at least 18 years of age to commission me. No exceptions. I may ask for proof of age if I am unsure.



The Process


The commission process begins when the purchaser of a commission, hereafter referred to as 'the Customer' or 'they' 'their' 'them' 'themselves', sends* their order to FaroreNightclaw, hereafter referred to as 'the Artist' or 'it' 'its' 'itself'. Upon review of the order, the Artist will either approve the commission, deny it, or ask for more clarification. Once the commission request has been approved, the Artist will provide a price quote and an address for payment to be sent to, and once payment has been received (and cashed, in the case of checks and money orders), the Customer will be placed on the waiting list. Payment is ALWAYS required up front in full, before work is begun. Exceptions to this rule may be made in the case of very large commissions ($150+); in such cases payments may be made in installments, in which case the Artist may complete a sketch once 50% or more of the full payment has been made - whether or not a sketch will be completed before full payment is received will be determined by the Artist on a case-by-case basis. When the Artist is ready to begin work on the piece, the Artist will complete a sketch and send it to the Customer via e-mail for review**.


At this point, the Customer has the option to request any revisions or additions, not exceeding the level of detail and complexity of the original commission request. Full redraws and/or a change in the original commission request shall result in additional charges to be determined by the Artist on a case-by-case basis. Once the Customer has either requested revisions or given their approval, the commission will be completed. At this time, the Customer has the option to once again request any MINOR revisions or additions, not exceeding the level of detail and complexity of the original commission request. Full redraws and/or a change in the original commission request shall result in additional charges to be determined by the Artist on a case-by-case basis. The Customer is permitted THREE change requests free of charge; further review requests may incur an additional charge to be determined by the Artist on a case-by-case basis. To reduce the chance of incurring extra charges, the Customer is encouraged to request ALL change requests in a SINGLE e-mail, or as few e-mails as possible, as each e-mail sent constitutes its own change request. For example, if the Customer sends an e-mail asking for change A, the Artist completes change A, then the Customer sends another e-mail requesting change B, Artist completes change B, and Customer requests change C, this will constitute three separate change requests; however, if the Customer sends ONE e-mail requesting changes A, B, and C, this will constitute only one change request.


Once the commission is complete, the Artist shall send the Customer, via e-mail, a large, unwatermarked version of their image as well as a smaller, watermarked version (both in .png format unless otherwise requested). If the commission is a traditional media work, i.e. a work which produces an original physical work, the Customer may receive said original via 'snail mail', provided that they pay shipping and handling. The Customer may choose to pay for shipping and handling as part of the original commission payment, or to wait and decide later on whether or not they wish to receive the original. The Artist shall provide a 30-day waiting period after the completion of the commission for the Customer to decide if they want the original or not; after this period, if the Customer opts to NOT receive the original***, the Artist reserves the right to sell, destroy, or otherwise dispose of the original work. The Customer will please keep in mind that the Artist does indeed possess a finite amount of storage space for old commission pieces.


NOTICE: Commissions may or may not be streamed online while being worked on as the Artist sees fit. If the Customer desires a private commission or otherwise does not wish their commission process to be streamed, the Customer MUST notify the Artist at the time of the original commission request. The Customer may request that their commission process be streamed at a time when they can view said stream; such requests, along with times and dates that the Customer will be available for viewing streams, MUST be provided in the original commission request. The Artist is under no obligation to notify the Customer privately when it begins streaming; however, the Artist will post notifications that it is streaming artwork, and which piece it is streaming, to Twitter and art gallery sites where the Artist's work is hosted, at the time it begins work. If the Customer has requested a specific stream time or date, the Artist will do its best to notify the Customer when it begins streaming, but again is under no obligation to do so, or to wait for the Customer to be present before beginning work. The Artist will not proceed past a review stage withou the Customer's approval; if the Customer does not arrive by the time the Artist is ready to move past the sketch stage, the Artist will cease work on the commission during that stream until such time as the Customer is able to complete the review stage. The Customer agrees that the streaming of the commission process does not provide them with additional review stages and, while minor adjustments may be requested at any time, agrees not to 'nitpick' or otherwise harass the Artist while it works. Should the Customer make the Artist uncomfortable at any time, whether through harassment or other means, the Customer will be asked to leave the stream and termination of the commission may result.


STREAM COMMISSIONS: Should the Artist offer commissions during a live art stream to be completed within the stream, hereafter referred to as 'Stream Commissions', the Customer agrees to remain present during the commission process or to otherwise give the Artist creative freedom on their commission. The Artist will do its best to offer a sketch review stage while the Customer is present, but Stream Commissions are to be completed in a single 'sitting' and as such the Artist will prioritize speed of completion above waiting for the Customer's input if said input is not readily forthcoming. At the time of completion and receipt by the Customer via e-mail of the commissioned image, the Customer may request MINOR revisions or additions, not exceeding the level of detail and complexity of the original commission request. Full redraws and/or a change in the original commission request shall result in additional charges to be determined by the Artist on a case-by-case basis.


* Commission orders must be sent through e-mail. Cusomters are encouraged to send image references as e-mail attachments rather than links, due to the chance of links becoming non-functional by the time the Artist is ready to use them.

** If applicable; small pieces such as icons, badges, sketches, etc do not pass through the reviewing process. However, the Customer may still request minor revisions or additions when presented with the final product, not exceeding the level of detail and complexity of the original commission request.

*** Failing to pay the shipping and handling fees before the 30-day period ends or failing to confirm a decision with the Artist before the 30-day period ends constitutes opting to NOT receive the original.




Usage Rights


The Artist reserves the right to use the full, unwatermarked commission image as it sees fit, including but not limited to producing and selling prints of the image, producing and selling merchandise of the image, other commercial purposes, posting the image to online galleries (usually a small, watermarked image in this case), posting the full, unwatermarked image to its Patreon, and using the image in portfolios. Unless otherwise negotiated, the Artist retains full rights on any image or work produced.


The Customer may use the commission image, both the large, unwatermarked version and a smaller, watermarked version for distribution purposes, PROVIDED that they do not use the image for commercial purposes (printing, use as a logo, etc). Using the smaller, watermarked version when posting to publicly viewable locations is suggested but not required by the Artist. The Customer may not make a profit off of their commission image. The Customer may not alter the image without express written permission from the Artist (cropping the image, such as for icons or banners, is permitted; having the image inked, colored, or otherwise altered by another artist is prohibited except with express written permission from the Artist). The Customer may not claim the image or any part of it was created by anyone other than the Artist (with the exception of alterations approved by the Artist but not performed by it), and the Customer must provide a 'link-back' or other form of credit to the Artist if the Customer posts the image online. The Customer shall not claim ownership of any characters not belonging to the Customer.


Further usage rights may be available for purchase from the Artist, such as commercial usage rights, exclusive rights, etc. If interested, please include any inquiries with the original commission request.




Subject Matter


The Artist reserves the right to refuse a commission request on any grounds as it sees fit, but will not usually refuse a commission request based on subject matter. Some subject matter may incur additional costs; these charges are entirely at the Artist's discretion and are non-negotiable. A short list of subject matter the Artist will not draw under any circumstances: feces, vomit, vertical incest (such as parent/child, grandparent/grandchild, or aunt/nephew), bigotry, minors in sexual situations, and 'feral' or otherwise nonhumanoid animals in sexual situations (exceptions to this last may be made for fantasy creatures that are clearly sapient, such as dragons). The Artist reserves the right to waive these restrictions should it see fit; however, these situations are exceedingly rare and the Customer should not expect to have them waived.


Additionally, the Artist will not draw characters that the Customer does not own or have express permission to use. Permission for characters the Customer does not own must be submitted in writing by the character owner to the Artist prior to the commission request being approved. Exceptions may be made in cases where the image is intended to be a surprise, as long as the Customer can show evidence that the character owner would be comfortable with the proposed subject matter. The Artist will not draw commercial characters (such as Sonic the Hedgehog, Yoshi, Judy Hopps, Tony the Tiger, etc) as a commission, unless at least a 30% difference is created between the commissioned image and the original character, as per US copyright law. There are a few exceptions to this rule for franchises who have shown that they allow paid fan art, including but not limited to: My Little Pony (general audience only), Pokemon, and Digimon. The Customer may always inquire to see if their idea falls under the exceptions, but should be prepared to be declined. Please note that under no circumstances will the Artist work in a style other than its own; requests to imitate styles such as My Little Pony: Friendship Is Magic, Sonic the Hedgehog, Tiny Toons, other furry artists, or other established styles other than the Artist's own will be rejected.


All commission styles are available for adult/erotic subject matter, however, adult/erotic subject matter is not recommended for badges or icons, as many conventions and websites will not allow them. By commissioning the Artist for adult/erotic subject matter, the Customer asserts and affirms that they are of legal age in their own country (as well as being at least 18 years of age as per the note at the beginning of these Terms) to view and purchase items of an adult nature.




Refunds


The Artist reserves the right to terminate the commission process at any time as the Artist sees fit. Should this occur, the Artist will provide a partial refund less materials and work completed. Whether or not the commissioner is entitled to receive said completed work and whether or not the commissioner retains any usage rights on the completed work will be determined by the Artist on a case-by-case basis. This decision is at the Artist's discretion and is non-negotiable. Should the Customer fail to maintain contact with the Artist, the Artist will wait for a period of up to six months with no communication. After the six month period has passed, the commission in question shall be cancelled and no refund will be given.


Refunds CANNOT be provided for completed works. The Customer may terminate the commission process at any time as the Customer sees fit. Should this occur, the Customer MAY be entitled to a partial refund less materials and work completed, and MAY be entitled to receive said completed work and retain some usuage rights on said completed work. Whether or not the Customer is entitled to a partial refund or to receive completed work and any associated usage rights will be determined by the Artist on a case-by-case basis, and this decision is non-negotiable.


If the Customer paid for insurance as a part of shipping and handling on an original work, and the original is lost or damaged in the mail, the Customer may be entitled to compensation on a case-by-case basis. Proof of loss or damage will be required.




Mailing


The Artist generally mails original works in bubble mailers or cardboard envelopes, with a thicker card or cardboard material backing if it is deemed necessary, and sends them uninsured first-class. If the Customer desires their work to be mailed in a different fashion, they may request it; extra charges may apply.


Shipping and handling costs are as follows:

Domestic (US & Canada) 10" x 13" or smaller envelopes under a pound: $5

International 10" x 13" or smaller envelopes under a pound: $10

Other: cost determined on a case-by-case basis


The Artist is not responsible for any uninsured items which are damaged or lost in the mail.




Waiting Times, Deadlines & the Waiting List


Unless otherwise negotiated, the Artist will work on each commission on the waiting list in ROUGHLY chronological order from payment. At any given time, the Artist will most likely be working on more than one commission at once based on the types of commissions on the list and the timeliness of responses on sketch reviews.


The Customer may ONLY request a deadline at the time of the original commission request. Deadline requests must be reasonable to be accepted; additional charges may apply. Whether or not a request is reasonable and whether or not additional charges apply (and what said charges amount to, if applicable) shall be determined by the Artist on a case-by-case basis. Said decisions are non-negotiable.


The Customer may request an approximate estimate of current waiting time at any time during the commission process; however, any estimates will be rough guesses at best and ARE NOT to be considered hard deadlines. The Customer is encouraged to view the Waiting List whenever they wish to know where their commission is in the queue.




Acceptable Methods of Payment


The Artist accepts Paypal payments, with the exception of e-checks, as well as money orders and phyiscal checks. If the Customer would like to provide payment in a different manner, they must include any inquiries with the original commission request.




General Conduct Guidelines


Please be straightforward, patient, polite, and as picky as you like about your commission. I want to make your image as perfect for you as I possibly can. Please be prepared to pay before I start work. Please be as thorough as possible with review checks and give all desired revision requests at one time. Please don't commission me for a character that isn't yours unless you have written permission - I may make exceptions in some cases if the image needs to be a surprise and you can provide evidence that the character owner is obviously comfortable with the subject matter. Please keep in mind that all prices given are BASE PRICES; each commission is customized to meet your specific needs and desires, so your individual price quote may vary based on detail and complexity.


If you are not sure about something, PLEASE ASK ME!



If you still want to commission me, click the following line to continue to the Commission Prices page:


By clicking this link I affirm and agree that I have read the Terms of Service and understand, and shall adhere to, everything written here.