Kepesk’s Art Commission Terms of Service

When you commission work from me, you agree to these terms.  Please read carefully and ask any questions before payment.

General Information

  • By commissioning me, you confirm that you have the rights to any characters drawn, or you have permission by their owner to have art made of them.  I may make special exceptions for gift art on a case-by-case basis.  I will not accept fan art commissions.
  • You agree not to post the unwatermarked version of the artwork publicly unless my explicit permission is given (this does not apply to emoji/sticker commissions).
  • You agree not to monetize the art in any way (including but not limited to merchandise sales or NFTs) unless my explicit permission is given.
  • You agree not to use my art or characters that I design in any hateful (racist, sexist, anti-LGBT, etc.) or non-consensual (including underage) sexual context.
  • I do not guarantee due dates.  I will make every effort to complete a piece in six weeks, or two for simpler emoji/sticker commissions, but my personal life is unpredictable, and circumstances beyond my control may cause work to be delayed.  By commissioning me, you agree that you will not receive a refund for delayed work.

Process

  • First, I will confirm payment amount based on the requested commission type, details, and character complexity.
  • Payment is upfront.  Once payment is confirmed, I will begin the sketch.
  • Progress will be provided as I see fit, although you can request an update at any time, so long as it is not excessive.  Egregiously excessive requests are grounds for forfeiture of your payment with no work provided.  Please be kind to your artist.
  • Major edits can be made before the sketch is approved without additional fees.  
  • Once I deliver and you approve the final sketch, I will begin work on the final piece.
  • Major edits (or excessive minor edits) after the sketch is approved may require an additional fee to be added, at my discretion.
  • Once the final piece is approved, full-resolution copies with and without watermark will be delivered to you.

Client Rights

  • You may request to be kept anonymous, to delay posting until a certain date, or to keep the commission private.
  • You retain all rights to any character I design as part of your commission, subject to the agreements listed in the General Information section above.
  • The artwork can be manufactured into physical items (prints, keychains, etc) for noncommercial use only.
  • If you commission me with the intention to sell the art on merchandise, you must let me know before payment is made and work begins.  Commercial commissions will have different rates and different terms of service.
  • You are allowed to post the watermarked art on any public forum, or unwatermarked emoji/sticker art on public platforms that include those features.

Artist Rights

  • I reserve the right to refuse a client or a commission for any reason.
  • By commissioning me, you are purchasing my artistic labor only.  I retain the copyright on any artwork I create, unless an alternative arrangement has been explicitly agreed upon in advance.
  • In particular, I have the right to use the artwork as examples in portfolios, websites, or social media if you do not request the commission to be private.
  • If certain details are not specified by you (ex. Background pattern) I will assume artistic freedom.

I Will Not Draw

  • Derogatory or hateful themes (such as racism, sexism, anti-LGBT themes etc.)
  • Non-consensual sexual themes
  • Heavy violence or gore, although minor amounts are acceptable
  • Heavily detailed machinery
  • Hyper-realism
  • Character fan art (I will draw original characters in settings from established media, but I will not draw characters from established media as commissions. For example, I will draw your original Spyro universe character flying around Tree Tops, but I will not accept a commission to draw Spyro himself.
  • I will not draw in a style other than my own.

NSFW Commissions

  • NSFW art is defined as any art containing exposed genitals, sexually suggestive poses, and fetish art, including vore, or art with any element that the client considers to be a fetish.
  • I ask for a surcharge for any NSFW art. This is due to the fact that I frequently draw in environments where children may be present, and it is more difficult for me to find time to draw in a more private environment.
  • A client who is found to have commissioned non-obvious fetish art without accepting the surcharge will be blacklisted, and any unfinished art will be refunded and deleted. (Yes, this has been a problem. Just don’t do this.)
  • Clients under the age of 18 are prohibited from commissioning NSFW art.

Payment

  • Ko-Fi payments are preferred, but I also accept Venmo and PayPal.
  • Payment is sent up front.
  • Commissioned work will not commence until payment is confirmed.
  • Refunds
  • A full refund is only offered until the sketch is approved.
  • You may request a partial refund after the sketch is approved but before the final piece is delivered.
  • Once the final piece is delivered, refund requests will not be accepted.
  • By commissioning me, you agree that I do not guarantee due dates and you will not receive a refund for delayed work.
  • If I cannot complete a commission due to circumstances not covered in my terms of service, you will receive a full refund.

Copyright Issues

  • If copyright issues concerning to the character(s) drawn arise after the commission is completed, you agree to accept the responsibility of resolving said issue.