Definitions
Artist: The individual producing the Commission (“Christie Nicklay”).
Client: The individual purchasing the Commission.
Commission: The form of service provided by the Artist to the Client per the Commission Agreement. “Commission,” “Art[work]” and “Project[s]” are used interchangeably herein and in Commission correspondence.
Commission Agreement: The discussion, documented via email (or U.S. Postal Service), in which the Artist and Client agree to the subject matter and type of Commission to be produced, the Commission price, the point in time in which the Artist 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 Artist’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. Ultimately, the Commission Agreement will usually conclude with:
“This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior communications between Artist/Client with respect to such matters. No modification of, or amendment to, this Agreement – or any waiver of any rights under this Agreement – will be effective unless in writing and signed the by Artist.”
Start of Work: The point in time by which the Client has approved the Artist to start work on the Commission (e.g., Artist begins to create the Commission).
Profile(s): Online locations where the Commission may be displayed (e.g., “galleries,” such as christienicklay.com, Facebook albums, ArtFinder.com, FineArtAmerica.com, ArtPal.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 Artist. Additionally, no Commission may be displayed without notifying the Artist 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.
Terms
1. The Artist has the right to refuse any Commission request, without needing to explain the reason.
2 The Artist reserves the right to stop work on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behavior, an inability to effectively communicate in the English language, or a breach of these Terms of Service.
3. The Artist 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 Artist will not reproduce a copyrighted image or character without consent of its copyright owner, and as it pertains to United States Copyright Law (http://copyright.gov/title17/).
5. By commissioning the Artist, the Client is purchasing the Artist’s labor only. The Artist retains all rights to the Commission, which includes but is not limited to: Distribution, reproduction, use of the Commission for Artist promotion (e.g. Profiles, Personal Space, Public Space, as defined in the Definitions section herein, etc.).
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. A large display size may incur additional 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 Artist 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 time span in the Commission Agreement to eventually allow the Artist to publicly display the image.
10. The Client may not distribute, reproduce, or otherwise profit from the Commission, beyond the resale of the original (traditional art) Commission.
10a. The client may not edit, alter, or trace the Commission without the Artist’s expressed, written permission, or as agreed upon in the Commission Agreement prior to Start of Work.
11. The Client may display the Commission in Profiles as long as the Artist’s name (“Christie Nicklay”) is prominently displayed along with a link to christienicklay.com. Additionally, any Profile display of the Artist’s Commission must notify the Artist, unless already defined in the Commission Agreement prior to Start of Work. Commissions in Profile displays cannot breach Term 10 or Term 10a.
11a. Under no circumstances may the Client submit a Commission to any kind of contest.
12. 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.
13. The Client may not incorporate the Commission in another work of art (or another Artist’s Commission). A take-down notice will be issued in such cases and Term 15 will be applied as necessary.
14. Refunds may only be issued if the Client notifies the Artist prior to Start of Work. No refunds will be issued after Start of Work, nor will a refund be issued before or after Start of Work if any of these Terms of Service are breached. Additionally, the Artist 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.
15. The Artist has the right to pursue damages under United States Copyright Law (http://copyright.gov/title17/), should their 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 Artist via email (cmnicklay@gmail.com) or contact form to query a Commission.
Phone Number: The Artist will not call the Client unless there is a conflict in schedule, payment, or a breach in the Terms of Service.
Other Forms of Communication: The Client may request a different form of communication (e.g., phone call, Skype, Facebook Messenger, 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 Artist only needs the Client’s address if the Artist is shipping a (traditional art) Commission or a digital art print.
Age: If the Client is under 18, the Client must supply contact information for a parent or guardian. The Artist 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 Artist requires a 50% payment up front before Start of Work, unless otherwise agreed upon in the Commission Agreement.
Currency: All prices are expressed in U.S. dollars (USD), and payments are expected to be made as such. The Client is responsible for providing the correct amount, equal to the USD amount. Please visit XE.com for accurate currency conversions.
Method: The Artist’s preferred method of payment is via PayPal services, and addressed to cmnicklay@gmail.com. Other payment methods can be made available to the Client upon request.
Cancellation: Please refer to Term 14 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 Artist. Once the Client enters into a Commission Agreement with the Artist, it is assumed the Client has agreed to all Terms and Conditions.