Commission contract

Last Updated - December 2024

1. Description of Commissioned Artwork

The Artist agrees to create the following artwork for the Commissioner, this should include:

  • Media: Digital artwork.

  • Dimensions: unless specified by the customer, the artwork would be around 2000 x 2000px, 300 res.

  • Subject/Theme: A thorough description of the subject, concept or theme. this can be a paragraph of a description for the piece, sketches, mood boards, etc.

  • Deadline for Completion: The deadline is set for a month after the agreement has been made.

  • Delivery Method: Delivery for the final product can be through the chosen communication program (discord, messenger, etc.) or through email.

2. Price and Payment Terms

  • Currency: $AUD

  • Payment Schedule: The payment will be made as follows:

    • A non-refundable deposit of 50% (of the total) is due upon signing this Agreement.

    • The remaining balance is due upon completion of the Artwork, before delivery or transfer of ownership.

  • Payment Method: Payments will be made via PayPal

3. Ownership and Rights

  • Intellectual Property Rights: The Artist retains all copyrights to the Artwork, including but not limited to the right to reproduce, distribute, and display the Artwork.

  • License to Use: Upon full payment, the Commissioner will receive a license to use the Artwork for the following purpose(s) only: personal use. Commercial use is not allowed

  • Reproduction Rights: The Commissioner may not reproduce the Artwork in any form without the express written consent of the Artist unless otherwise agreed upon.

4. Artist’s Obligations

  • The Artist agrees to complete the Artwork to the best of their ability, in a professional and timely manner, and to deliver the Artwork by the agreed-upon deadline.

  • The Artist agrees to provide the Commissioner with progress updates, as appropriate, during the creation of the Artwork.

5. Commissioner’s Obligations

  • The Commissioner agrees to provide the Artist with all necessary information, references, and feedback required to complete the Artwork.

  • The Commissioner agrees to pay the agreed-upon fees in the manner and timeframe outlined in Section 2.

6. Changes to the Commission

  • Any requests for significant changes to the Artwork after the initial concept has been approved by the Commissioner may incur additional charges. The Artist will notify the Commissioner of any such charges before proceeding.

  • The Commissioner may request minor revisions to the Artwork, but these should be communicated clearly and promptly.

7. Cancellation and Termination

  • Either party may cancel the Agreement before the completion of the Artwork. If the Agreement is canceled by the Commissioner, the deposit is non-refundable. If the Artist cancels the Agreement, the deposit will be refunded.

  • If the Artwork is incomplete or delayed due to reasons beyond the Artist's control, such as personal emergencies or events of force majeure, the Artist will notify the Commissioner and an extension to the deadline may be agreed upon.

8. Confidentiality

  • Both parties agree to maintain confidentiality regarding any proprietary information related to the creation of the Artwork, including but not limited to sketches, drafts, and concepts.

9. Indemnity and Liability

  • The Commissioner agrees to indemnify and hold the Artist harmless from any legal action or claims arising out of the Commissioner's use of the Artwork.

  • The Artist will not be liable for any indirect, special, or consequential damages resulting from the use or possession of the Artwork.

10. Dispute Resolution

  • Any disputes arising from this Agreement will first be attempted to be resolved through informal negotiation.

  • If informal negotiation fails, the dispute may be resolved through mediation or binding arbitration, under the jurisdiction of Australia, Queensland, in accordance with its laws.

11. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes any prior understanding or agreements, whether written or oral, regarding the subject matter herein.

12. Governing Law

This Agreement will be governed by and construed in accordance with the laws of the state of Australia, Queensland.