Terms of Service and Agreement for Non-Commercial-Use Illustration Commission

These terms of service for non-commercial-use illustration commission with SixthLeafClover Studios will also be served as terms for a formal agreement between the Commissioner and the Artist, SixthLeafClover Studios.

The Commissioner agrees to the following terms upon entering an agreement with SixthLeafClover Studios in regard to an illustration commission:

• Communications: The Commissioner must conduct all communications with the Artist by emails in regard to the commission. Any other form of communications made in regard to the commission are non-binding and strictly for suggestion only.
• Quotations: The Commissioner must be clear with details in regard to content and concept of the illustration. The Artist will provide quotation for the commission as total amount in United States Dollar (USD) value.
• Payments: The Commissioner must make a non-refundable deposit equals of 15% of total quoted amount of the commission or $500 (whichever is lesser) in order to secure a work slot from the Artist. The Commissioner agrees that this deposit is NOT REFUNDABLE once paid. A refundable deposit equals of 35% of the total quoted amount of the commission is due before the scheduled start of the work in order for the Artist to start working on the commission. If the Commissioner requests cancellation, this refundable deposit will be refunded at a pro-rated amount based on work already completed. Payment plans are available but one must be discussed during the quotation process and must be approved by the Artist. Payment plan request will not be honored after the start of commission production. Final 50% of the quoted amount of the commission is due at the moment the commission is finished. The Artist will not deliver the finished work until FULL PAYMENT of the quoted amount is paid.
• Cancellations: The Commissioner may request cancellation of commission at anytime before the start of work to receive full refundable deposits back. If the Commissioner requests cancellation of commission once the commission work has started, the Commissioner agrees that only partial deposit will be refunded at a pro-rated amount based on the work already completed.
• Schedules: The Commissioner will receive a schedule for the commission from the Artist upon entering agreement. The Commissioner must be available to answer inquiries and review progress promptly from the Artist during the period of time for the production of the commission. Failure to be prompt with communications with the Artist might result in extended delay of production of commission or cancellation of commission at the sole discretion of the Artist.
• Process: The Commissioner will receive progress of production in the following steps:
  • Pose Sketches - Quick sketches to determine the pose and layout of elements for the finished work
  • Line Work - Sketch that will be used as the foundation for the finished work
  • Coloring - Base color theme of the finished work
  • Shading - Applying shading and highlights and is the last step of the commission
• Edits: The Commissioner may request up to 3 reasonable edits or revisions at each step of production. Upon approving the progress of each step as satisfactory, the Commissioner cannot request any changes to that step. Revision request beyond the allowance is subject to additional fee at the discretion of the Artist.
• Completion: The Commissioner must pay the commission in full immediately upon completion of the work.
• Copyrights: The Commissioner acknowledges and agrees that the Artist shall retain full copyright of all the works produced by the commission. The Commissioner may post watermarked artwork on publicly accessible domains and media channels but only the watermarked artwork file may be used. The Commissioner may not distribute unwatermarked version of the artwork publicly. The Commissioner may not license, sell, or otherwise use any works produced by the commission for commercial, financial, or marketing purpose.
• Publication: The Commissioner acknowledges the Artist's right to publish works in regard to the commission. If the Commissioner wishes to keep commission unpublished, the request must be made at the quotation phase of the commission inquiry. The Commissioner cannot make this request after paying the down payment and enters the agreement. The Commissioner will also pay a no-publication fee that is 50% of the total quoted amount of the commission work to the Artist.
• NFTs: The Commissioner CANNOT USE any works produced by the commission for the purpose of creating, promoting, or associating with non-fungible tokens (NFTs) or any cryptographic assets or cryptocurrencies.
• Generative AI Engines: The Commissioner CANNOT USE any works produced by the commission for the purpose of training generative AI (artificial intelligence) engines, as a template for generative AI engines. The Commissioner also cannot intentionally distribute any work of commission to any party to be used for training or as templates for generative AI engines.
• Violations: The Commissioner may be subject to loss of permission to post or share works produced by the commission should the Commissioner violate any terms of agreement listed here. Upon declaration of loss of publication permission by the Artist, the Commissioner must remove all works produced by the commission from public domains or publicly accessible media channels. The Commissioner will also cease distribution of any work of the commission to any party, public or private.

The Artist, SixthLeafClover Studios, agrees to the following terms upon approving and entering an agreement for commission:

• Quotations: The Artist will provide most accurate quotations based on the details supplied by the Commissioner and will honor the final amount agreed upon.
• Works: The Artist will provide the best quality of works based on the type of commission and quotation agreed upon. The Artist may, at times, accommodate special arrangements after the quotation and acceptance of commission. But such arrangement is strictly by the Artist's sole discretion. The Commissioner should exercise due dillegence in providing all of the ideas and detailed descriptions at the time of quotation inquiry.
• Artistic Freedom: If the Commissioner grants the Artist "artistic freedom" at the time of quotation, the Artist will still provide progress updates but the Commissioner has agreed to waive any right or privilege to request changes or revisions to the works. The Commissioner may only provide advices but the Artist will have the final say.
• Communications: The Artist will answer any Commissioner's inquiries within 24 hours during the scheduled period of production for the commission.
• Finished Works: The Artist will provide finished works to the Commissioner upon completion of the commission and Commissioner has paid the commission in full.
• Copyrights: The Artist will retain all copyrights of the works in regard to the commission. The Artist may use the works for commercial, marketing, and subscription services. The Artist will still respect the Commissioner's claim to the characters and obtain permission before licensing the works to another party.
• Publication: The Artist will, by default, publish the works in regard to the commission publicly. If the Commissioner wishes to keep the commission private from the public, the Commissioner must make this request at the time of commission inquiry and pay a no-publication fee that is 50% of the total quoted amount of the work of the commission to the Artist. The Artist reserves right to refuse such request after the down payment is made.
• NFTs: The Artist WILL NOT USE the works in regard to the commisison to create or promote non-fungible tokens (NFTs) or any cryptographic assets or cryptocurrencies.
• Generative AI Engines: The Artist WILL NOT USE the works of the commission for the purpose of training generative AI engines or as templates for generative AI engines. The Artist also will not intentionally distribute any work of commission to any party to be used for training or as templates for generative AI engines.

Both Commissioner and Artist agree that any dispute in regarding to this agreement or the works of the commission must be settled within the jurisdiction of United States of America, State of California, and County of San Diego.

This Agreement is valid as of October 1, 2024. Any commission work agreed upon between Commissioner and Artist on or after are bound by this Agreement.