Definitions

Illustrator: The individual producing the Commission (“Clodle Illustrations”, “Clodle Illu”, “Chloe Walsingham”).

Client: The individual purchasing the Commission.

Commission: The form of service provided by the Illustrator to the Client per the Commission Agreement. “Commission,” “Art[work],” “Image[ry],” “Illustration[s]” and “Project[s]” are used interchangeably herein and in Commission correspondence.

Commission Agreement: The discussion, documented via email (or where email is not available, via U.K. Postal Service), in which the Illustrator and Client agree to the subject matter and type of Commission to be produced, the Commission price, the point in time in which the Illustrator is expected to commence in Start of Work, and – if applicable – the Commission deadline, early termination circumstances, rush fees, and/or whether or not the Commission can be immediately displayed in the Illustrator’s portfolio. This Commission Agreement shall remain on record with the Artist, along with any other documents related to the Commission, for at least two years.

Start of Work: The point in time by which the Client has approved the Illustrator to start work on the Commission (e.g., Illustrator begins to create the Commission).

Profile(s): Online locations where the Commission may be displayed (e.g., “galleries,” such as clodleillustrations.com, Instagram, Facebook and Twitter albums, DeviantART.com, Tumblr.com, etc.). “Profile(s)” do not include any sites that display hateful or racist imagery, illegal activities, or sites known to display, reproduce, and/or sell works without crediting the Illustrator. Additionally, no Commission may be displayed without notifying the Illustrator first, or as agreed upon in the Commission Agreement.

Personal Space: Non-public, offline locations (e.g., home or office); i.e., no business involving the Commission is being conducted.

Public Space: Offline locations that do not fall under “Personal Space” above.

Commercial Purpose: Any image or project to be commissioned that does not fall under the type of use specified in these Terms of Service. New Terms of Service shall be developed and agreed upon in a Commercial Purpose Commission Agreement prior to Start of Work.

Commercial Purpose Commission Agreement: A Commission Agreement developed specifically for Commercial Purpose Commissions. A Commercial Purpose Commission Agreement requires separate Terms of Service, developed on a case-by-case basis.

​

Terms

1. The Illustrator has the right to refuse any Commission request, without needing to explain the reason, however the Illustrator will likely explain out of courtesy.

2. The Illustrator reserves the right to stop work on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behaviour, an inability to effectively communicate in the English language, or a breach of these Terms of Service. If a Commission request is cancelled due to the fault of the Client, the Client is not entitled to any refund of payment.

3. The Illustrator will not create any depiction of sexually explicit (i.e., “x-rated”, pornographic, simulated sex, or sexual arousal) materials, fetishes, or any form of hateful or racist imagery.

4. The Illustrator will not reproduce a copyrighted image or character without expressed written consent of its copyright owner, and as it pertains to United Kingdom Copyright Law.

5. By commissioning the Illustrator, the Client is purchasing the Illustrator’s labour only. The Illustrator retains all rights to the Commission, which includes but is not limited to: Distribution, reproduction, use of the Commission for Illustrator promotion (e.g. Profiles, Personal Space, Public Space, as defined in the Definitions section herein, etc.); or as it applies to new Terms of Service agreed upon in a Commercial Purpose Commission Agreement as defined in the Definitions section herein.

6. The Client must specify the content of their Commission to the best of their ability prior to a Commission Agreement. A complex Commission may incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work.

7. The Client must specify the desired display size of the Commission, regardless of whether the Commission is completed digitally or traditionally. A large display size may incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work.

8. If the Commission is time-sensitive, a rush fee may be applied, to be defined and agreed upon in the Commission Agreement prior to Start of Work.

9. If the Commission is defined as confidential in the Commission Agreement, the Illustrator will temporarily delay public display of the image at the request of the Client and as defined in the Commission Agreement until such time the Commission Agreement specifies public display is permitted. A Client may not request the Artist to complete a Commission without defining the timespan in the Commission Agreement to eventually allow the Artist to publicly display the image.

9a. Illustrator reserves to right to publicly stream the creation of any Commissions. Illustrator might not directly inform the Client when their commission[s] is being streamed. Requests to prevent the stream of a commission will be honoured in cases of secret gifts, or confidentiality.  

10. The Client may not distribute, reproduce, or otherwise profit from the Commission, beyond the resale of the original, [traditional art] Commission, or as it applies to new Terms of Service agreed upon in a Commercial Purpose Commission Agreement as defined in the Definitions section herein.

10a. The client may not edit, alter, or trace the Commission without the Illustrator’s expressed, written permission, or as agreed upon in the Commission Agreement prior to Start of Work.

10b. Client may colour commissioned line arts themselves but must list credit with every display; Client may not commission other Artists/Illustrator’s to colour sketches.

11. The Client may display the Commission in Profiles as long as the Illustrator’s name (“Chloe Walsingham”, “Clodle Illustrations”) is prominently displayed along with a link to clodleillustrations.com or "@clodleillustrations", “@clodleillu” for social media accounts. Additionally, any Profile display of the Illustrator’s Commission must notify the Illustrator, unless already defined in the Commission Agreement prior to Start of Work. The Client cannot display a Commission outside of Personal Space or in a Public Space unless the Commission is executed under new Terms of Service agreed upon in the Commission Agreement prior to Start of Work. The Client must obtain written permission from the Illustrator prior to displaying the Commission in a Public Space if not already defined in the Commission Agreement; additional fees may apply.

11a. The Client cannot display a Commission outside of Personal Space or in a Public Space unless the Commission is executed under new Terms of Service agreed upon in a Commercial Purpose Commission Agreement prior to Start of Work. The Client must obtain written permission from the Artist prior to displaying the Commission in a Public Space if not already defined in the Commission Agreement; additional fees may apply.

11b. Under no circumstances may the Client submit a Commission to any kind of contest or competition.

12. Digital art Commissions will be provided to the Client via email or an online download location in .jpeg format; this does not include the Commission native files (e.g., .psd, .tif, etc.), unless agreed upon in the Commission Agreement, or thereafter, the Client obtains written permission from the Illustrator. The Illustrator is not responsible for the cost of shipping a Commission (traditional art Commissions or any digital media device [e.g. CD, DVD, flash drive, etc.] or print of a digital art Commission); the Client is responsible for all shipment costs.

13. The Illustrator is not responsible for printing [creating a hard copy of] a digital art Commission, or reproducing prints of a traditional art Commission for the Client unless agreed upon in the Commission Agreement. The Client may use the digital (.jpeg) file for local printing, so long as it does not breach Term 11, Term 11a, Term 11b, or Term 16.

13a. A printed "Certificate of Authenticity" will be provided to the Client with the physical copy of the Commission. Additionally, digital formats of the final Commission and Certificate of Authenticity will also be provided to the Client as .jpeg, .png or .PDF files.

14. If the Commission is for Commercial Purpose, the Illustrator must be notified prior to the Start of Work. Commercial use of the Commission will be decided on a case-by-case basis. New Terms of Service must be written and agreed upon in a Commercial Purpose Commission Agreement before the Start of Work.

15. The Client may request a preview of the Commission at any time during the creation process, but may not request changes to the Commission after Start of Work, unless a change process is agreed upon in the Commission Agreement prior to Start of Work. Any more changes requested by the Client, after Start of Work, regarding the correction of the Illustrator's decisions or additional elements may incur extra charges. 

15a. The Client is entitled to a reasonable number of revisions that are at the fault of the Illustrator, particular mistakes involving a character's design. (For example, Illustrator coloured a character's eyes brown instead of blue).

16. The Client may not incorporate the Commission in another work of art (or another Illustrator’s Commission). A take-down notice will be issued in such cases and Term 18 will be applied as necessary.

17. Should the Client choose to cancel after Start of Work or decide to significantly change Commission Agreement, Client agrees to pay the Illustrator based on the amount of completion and sunk costs. Remaining percentage will be refunded.

• Sketch finished: 25%

• Any work completed past sketch: 50%

• Art is within a half-hour's work of completion: 100%

Cancelled commissions and the rights of usage are forfeited by the client. Illustrator may re-purpose any sketches or concept work (poses, colour palettes, lines) for new commissions.

17a. A refund will not be issued before or after Start of Work if any of these Terms of Service are breached. Additionally, the Illustrator has the right to revoke access to, and stop work of, the Commission at any time after Start of Work if these Terms of Service are breached.

18. Breach of any of the listed terms will lead to immediate blacklisting. The limited rights of usage assigned to the Client by these Terms will be voided and the Client will no longer be able to use the Commission. If the Illustrator feels the breach of contract was particularly heinous, public awareness may be made against the client. Legal methods may be used in worst case scenarios. 

18a. The Illustrator has the right to pursue damages under United Kingdom Copyright Law, should there exist a violation in addition to a breach of these Terms of Service.

​

Required Client Information

Email Address: The Client is encouraged to contact the Illustrator via email clodleillustrations@gmail.com to query a Commission.

Other Forms of Communication: The Client may request a different form of communication (e.g. Facebook Messenger, Instagram, Twitter etc.) to discuss a project before signing a Commission Agreement, by initially using the contact form on this website. However, the Artist must have the Client’s email address when entering into a Commission Agreement after query and discussions are complete.

Physical Address: The Illustrator only needs the Client’s address if the Illustrator is shipping a Traditional Art Commission.

Age: If the Client is under 18, the Client must supply contact information for a parent or guardian. The Illustrator reserves the right to contact the parent/guardian of an under-aged Client, to ensure that there is no breach in the Terms of Service, and the Client is able to pay for the Commission.

Specifications for Commission: Please refer to Term 3, Term 4, Term 6, Term 7, Term 8, and Term 9 for guidance.

​

Payment

Payment: The Illustrator requires 50% of payment up front before Start of Work, the remaining fee is required before the final stage of completion of the Commission, this will be specified in the Commission Agreement.

Currency: All prices are expressed in Pound Stirling (GBP) and payments are expected to be made as such. The Client is responsible for providing the correct amount, equal to the GBP amount.

Method:  All payments must be paid via PayPal; the Illustrator’s details will be provided once the Commission Agreement has been finalised.

Cancellation: Please refer to Term 17 and 17a for refund policy.

 

These Terms and Conditions are subject to revision without notice. The Client must read and understand these terms before entering into a Commission Agreement with the Illustrator. Once the Client enters into a Commission Agreement with the Illustrator, it is assumed the Client has agreed to all Terms and Conditions.

 

Last Updated: 9th November 2020