ToS

By commissioning me, you are stating that you have read and agreed to these terms.

Basic ToS:

• Payment expected before work is started, unless the commission price exceeds $1000 at which point 50% of the payment must be paid upfront and 50% when work is completed.

• Payment will be made in USD through Paypal Invoice emailed to the client after commission is accepted.

• Client can re-upload the image with credits given to myself in the form of either a link to my handle (@beawitchment) or a link to my Website (www.beawitchment.com).

• Client cannot claim artwork as their own and must disclose if they plan to use the art commercially, commercial use could lead to additional fees.

• Refunds given based on how much work is done. Read below for clarification.

• NSFW work will not be accepted, suggestive work may be. Inquire for details.

• MY WORK CANNOT BE USED FOR AI GENERATORS OR NFTs.

In Depth ToS:

SECTION I. IMAGE COPYRIGHT

1. I, the artist, retain full and exclusive rights to the original artwork. The client may not claim it as their own and I hold the copyright of all work that I make.

2. Client MUST disclose whether commission is meant to be used for commercial purposes. Redistribution of my artwork for use in printed merchandise or as promotion of goods, services or social media pages may be subject to additional fees to gain the commercial rights to the work.  Rights to use my work as NFTs will NEVER be granted.

3. Live2D models drawn by me must be rigged by me. In order to ensure the level of quality I expect of my models, models drawn I draw will not be permitted to be rigged by another artist. I will, however, rig model art made by other artists.

4. Conditions for Reposting

   • The client has my permission to repost the artwork wherever they would like, as long as proper credit is given to myself in the form of either a link to my handle (@beawitchment) or a link to my Website (www.beawitchment.com).

5. Prohibited Actions

   • Altering my artwork in any way without asking for permission beforehand, with the exception of cropping/resizing the image or recoloring Live2D models in programs such as VTubeStudio.

   • Use of my artwork as references for your own, whether tracing or re-purposing parts of the image.

   • Claiming the artwork as your own.

6. If these terms are broken, you will be privately blacklisted from commissioning me.

SECTION II. PAYMENT INFORMATION

1. I accept payment in USD through PayPal. All payments will be taken via Paypal Invoice. Do NOT send payment for commissions through my donation site, instead wait to receive an email with your invoice. This ensures that you pay the correct amount after I have already accepted the commission.

2. Work will only start once payment is received. 100% of the quoted price is expected BEFORE work begins, unless the price exceeds $1,000. If this is the case, 50% will be accepted upfront and 50% when work is finished. Finalized work will only be shown as watermarked images or videos of rigged Live2D models until final payment is made.

3. It is the client's responsibility to tell me when the payment has been sent. Sometimes PayPal may not notify me of a payment or another related error may occur. In order to make sure work is diligently started when payment is made, please contact me.

4. Refund Policy

   • If the commission is canceled (by me or the client) before work has started, the client will receive a full refund.

   • If the client cancels the commission during progress, the amount refunded will be on a case-by-case basis and up to the artist’s discretion. Rough guide to refunds, not always applicable:

     • Illustration refunds

       • Sketch: 90% (not applicable to sketch only commissions)

       • Line: 50%

       • Flat Color and Render: 0%

     • Character Design refunds

       • First Wave of designs: 90%

       • Second Wave of designs: 60%

       • Turnaround: 0%

     • Live2D drawing refunds will work similarly to illustration refunds; however, Live2D rigging does not have guidelines for refunds and will be fully case by case

   • No refunds will be given for completed or nearly completed commissions.

   • The artist reserves the right to cancel a commission at anytime, for any reason, and without explanation.

   • If I cancel the commission due to my inability to complete it at any stage, a full refund will be given.

SECTION III. CONTACT AND COMMUNICATION

1. Discussion of commissions can be conducted via email (beawitchment@gmail.com)

2. Visual Reference Guidelines

   • Client must fill out my commission form and provide at least one clear and concise visual reference; please supplement the visual reference with any important information I may need to know to correctly draw the character. Leave text descriptions roughly 1-2 paragraphs at most.

   • If you link to a gallery of your character’s artwork, I cannot promise your design will be done with 100% accuracy. Design interpretations may be inconsistent between images and lessen my ability to accurately draw your character (for instance changes in lighting and art style.

SECTION IV. WILL/WON'T DRAW

1. Below is a general guideline for what I will or will not draw. Please keep my art style in mind when ordering; I will not try to match another artist's or company's art style (example: Disney style, Pokemon style, etc)

2. Allowed Content

   • Humans

   • Vtuber Designs

   • Most Original Species

   • Suggestive

   • Monsters

   • Complicated Designs

   • Complicated Clothes

   • Anthros

   • Animals

3. Disallowed Content

   • Gore (Ask)

   • Fanart of real people

   • NSFW

   • Characters intended to be or appearing underage in any suggestive context

   • Any sort of hateful content, such as racism, transphobia, homophobia, and characters with Nazi/Soviet/etc. imagery or paraphernalia

SECTION V. WORKFLOW PROCESS

1. I work best when given some artistic freedom to create an image based on the characters you provide. I am happy to match a scene or pose that you have in mind, but please allow and expect some variation.

2. Commission work may be used during broadcasts. My workflow process is frequently streamed, including working on commissions. Commissions can to be requested to not be posted or shown on stream; however long term projects, such as Live2D models, may require additional fees to do be kept confidential. Requests to keep a project secret must be made when you order.

3. Estimated date to completion. Different commission types require very different timetables. Please inquire about the length of time a commission will take. If a commission is taking longer than expected, I will contact the client.

4. Works in Progress (WIPs). Certain commission types may or may not include a sketch approval stage. For projects that include this stage, I will send any WIPs to the client in an email. Progress will be paused until the sketch is confirmed.

5. Revisions and edits for illustrations. If the commission type includes a sketch approval stage, any major changes or revisions must be made at this stage; this includes any significant changes to a character’s pose or body shape, or redrawing parts of the image.

   • After the sketch has been approved, no major edits or changes will be made. If the client requests additional edits after the approved sketch, a price for the edits may be discussed.

6. Revisions and edits for Live2D. Live2D model commissions begin with the making of the model itself, not with character design. Any character design work you need from me will need to go through the character design pricing and process.

   • Clients are able to request 5 revisions during the art process and 5 revisions during the rigging process before taking on a fee for extra revisions.

   • Models are made to be able to be edited with new outfits at any time after the original model is finished; however, additional outfits are not included in the price of the original model.

7. Revisions and edits for character design. Character design commissions go through steps that specifically allow for revisions to be very easy as they are a necessary to the process.

   • 1. The process begins with four rough quickly drawn versions of the character that will show loose color palettes and character silhouettes.

     2. After client communicates their favorite design, aspects of each design, or major things needed to be changed, a second series of four slightly more detailed sketches will be made.

     3. Finally, the client will choose a final design and I will create a turnaround of the design.

   • Additional development steps before the final turnaround will require a fee of $30 each that will need to be paid before work continues.

   • After the final turnaround has begun, no major edits or changes will be made. If the client requests additional edits after the final design is chosen, a price for the edits will be discussed and invoiced separately.

8. Revisions due to artist error. If I, the artist, make any errors in the character design, accessories, or any other visual elements specified in the provided visual references, I will make these edits at no additional cost.