Mallory Hodgkin

TERMS OF SERVICE

For commissioning private use custom artwork from artist Mallory Hodgkin (a.k.a. "stablercake")

CONTACT INFO:

Email: stablercake@gmail.com

Please reference “commission” in the subject line. Expect response within 3 business days, but be aware that some of my events may delay such a process.

Other: DM me @stablercake on Twitter or message me @stablercake on Telegram

Queue:

https://trello.com/b/kUx89YsI/commission-queue-2016

**Please understand trello may not be 100% updated at all times, I apologize for this. If you're concerned about where your commission stands in terms of leadtime or place in queue and it is NOT on the trello, please contact me directly

@stablercake on all of the following services:

Instagram - Twitter - Tumblr - FurAffinity - Furry Network - Weasyl - Flight Rising - Telegram - Facebook

GENERAL

Communication between artist and client is expected. Client is expected to have a clear idea of what they wish to order before initiating communication (except in certain cases, for example: design commissions, artistic freedom commissions, etc).

Artist will always be as prompt as possible responding to communication and give clear expectations up front to client. Client is expected to reciprocate prompt and clear communication (as much as possible, emergencies/delays happen).

Visual references are preferred but not required, other aspects (pose, mood, colors, etc) can be specified or left up to the artist’s discretion.

Artist reserves the right to terminate client interaction at any time and for any reason should client break professional conduct or in the case of lack of communication. Some cancellations by the artist may result in refund/partial refund to client, please see “refunds/kill policies.”

Artist reserves the right to decline any commission, without need for explanation.

RIGHTS AND PERMISSIONS

ALL COMMISSIONED WORK discussed in this agreement are NON-COMMERCIAL and shall be treated as such. Individual contracts will be written when art is commissioned for COMMERCIAL (FOR-PROFIT) use.

In commissioning Mallory Hodgkin (hereafter known as the artist), you (hereafter known as client) are purchasing my labor only. The artist will retain full rights to all work produced under and prefaced by this contract, unless otherwise agreed upon explicitly and fully paid for in a drafted and signed contract.

In commissioning the artist, client agrees that the artist has permission to draw your character(s) and/or intellectual properties under your direction, but not in any commercial capacity unless requested by the artist and confirmed by the client. 

The artist does not claim ownership of any intellectual property (characters, etc) depicted in work done unless otherwise stated (for example: Intellectual property created by the artist and requested by the client). The artist does retain full rights to all images produced and may showcase art produced online and elsewhere. The artist may use images in portfolios, sketchbook collections, as commission examples, and all other forms of self-promotion. However, the artist will not sell prints or any other merchandise of individual pieces containing or depicting original characters without client’s permission.

If a client wishes to remain anonymous, their name can be omitted from postings online.  If a client wishes their art not to be posted online or otherwise shown, this can be arranged (for example: gifts, etc). Please note that clients wishing their works not be posted must understand that they are also expressly forbidden to post or share the artwork they receive anywhere online. By doing so, they are clearly allowing the artist to post it themselves.

Client is not entitled to receive a raw scan, .PSD, or any other file containing the layers of the work without extra payment. If payment is given to receive raw or PSD files, client is not authorized to make changes to those files and post them (i.e. recoloring to other characters).

Client may never claim work done under this contract as their own, redistribute it, or use it for any external commercial project. Non-commercial projects (for example, making prints of commissioned art but not-for-profit) must be discussed with artist beforehand to confirm no profit will come from the artist's work to the client.

Watermarks or signatures, when present, are not to be removed, erased, cropped out, or shrunk too small to be easily readable. If an image must be cropped or shrunk (for use in a profile, avatar, background, etc) credit must be listed in a visible area in a readable font with appropriate link(s) included (i.e. on twitter credit may be given in the user's bio).

COMMUNICATION AND PAYMENT

Email, Telegram, Twitter Messenger or Facebook Messenger Only. Tumblr Messenger is not acceptable. Flight Rising messaging/forum system is acceptable only for Flight Rising commissions.

If the client has not requested through a Google Form, email or message artist to inquire about availability. Please understand the artist does not keep a waitlist, artist does not have the time to do so. If the client is interested in being notified when artist opens for commissions or merch, please subscribe to their telegram channel: https://t.me/stablercakespeaks

I open commissions when I am able to handle the work within 2 weeks-3 months (expected deadlines are always communicated to client, they vary by commission type) and the slots are first-come first-serve, but sometimes I can fit folks in so feel free to get in touch for a quote. 

Payment is required before ANY work begins. Any quote for $100 or under requires full payment before starting, any quote for work $100 and over requires 50% deposit (not including shipping) before artist begins working on the sketch. If the client would like to pay only the deposit, please let the artist know beforehand as they do not mark invoices for partial payment automatically.

Corrections can be made at the sketch stage. Small changes are free, the first large edit is free. After the first, editing fees will be applied. Small changes to the completed stage are also free, large edits to the completed stage (i.e. total redraw) may incur large fees up to paying for the entire commission again.

WIPs can be provided at client’s request. Artist does not typically send more than the sketch WIP before completion unless requested.

When finished, artist will send the final artwork. If client has paid 50% deposit, client will receive a watermarked version and be requested to send the rest of payment before an un-watermarked version is sent. If client has already paid in full, the full-size version will be sent when the work is completed. Please note: even acrylic and real media works will receive a high resolution scan or photo of the work.

Expect a sketch within 1-3 weeks of order placement (if the wait time is longer, artist will have informed you upon initial communication). Final piece timelines are dependent on workload and convention schedule, artist will provide an estimate when the sketch has been approved. Clients will be informed of delays and problems as soon as possible.

Errors that are the artist's mistake (were present in your references and I missed them etc.) can be fixed free of charge even after commission has been completed. Ex: wrong eye color, forgot to add an item of apparel, etc. These errors will be fixed ASAP.

Continuous messages, harassment, rudeness, or abuse will result in a cancellation of the commission with a refund minus payment for work completed (percentage will be based on artist's discretion) and client will also be blacklisted from any further commissions. 
 

PAYMENT DETAILS AND SHIPPING

Payment is conducted through PayPal, Square Cash, or Square Card Reader Invoice and in USD only. PayPal Link is paypal.me/stablercake

Please note I will send you an invoice or PayPal Link when discussing the commission with you over email or messenger so only use this link if you cannot find the link in our conversations. If you cannot or wish to not pay with PayPal, please let me know and I will send you a Square Card Invoice that you can pay with any credit card, but an additional fee will be required for this method.

Please be mindful of conversion rates when sending payment.

I will ship large pieces within the continental United States only. If you wish to have a piece shipped to you outside the contiguous US, I will have to get a quote for shipping and you will have to pay the shipping cost before I send it, all parcels shipping overseas will cost AT LEAST $16 USD to ship.

For commissions totalling more than $300.00, payment plans can be negotiated.

REFUNDS & KILL POLICIES

Clients may cancel at any time during the commission process. If client wishes to cancel a commission after it has been started and before it is completed, for any reason, there will be a moderate kill fee for services already rendered.

If only the sketch has been completed, the kill fee will be 25% of the full cost of the commission. If full or partial payment has been received, this fee will be deducted and the remainder will be refunded to the commissioner.

If work has been completed to a point of 25-50%, kill fee will amount to 50% of the full cost of the image. This fee will be deducted from the payment tendered, and the remainder will be refunded to the commissioner.

SUBJECT MATTER

Do not ask me to draw in someone else’s style or continuously request me to make changes that do not fall in line with the way I work (i.e. don't make me draw anime).

Do not provide me plagiarized reference images.

Anyone under the age of 13 is strictly forbidden to contact me for any commission work.

Anyone under the age of 18 is strictly forbidden to contact me for any commission involving ANY nudity, sexual content, or even suggestive content. By contacting me for any NSFW commission, you are expressly agreeing that you are over 18 years of age. Anyone under the age of 18 is, additionally, EXPRESSLY FORBIDDEN to visit, interact with, or transmit my NSFW work and accounts in any way.

Artist reserves the right to terminate client interaction if at any point there is reason to suspect that a client under the age of 18 has attempted to purchase NSFW art, including but not limited to: nudity, artistic or otherwise, sexually explicit imagery, fetish content, etc.

WHAT IS ACCEPTABLE?

I will draw any character with good reference images (preferred) or a solid, brief, written description. (Humans and human-like characters, gijinkas, furries/anthros, feral characters, animals, etc)

I will draw scenery, nature, backdrops, etc--However, these may be subject to individual scrutiny and pricing at my discretion.

I prefer to avoid: Robots or heavily mechanical elements, but I will attempt them if the client is willing to pay an elevated rate for such things.

I will take character/creature design commissions, please feel free to ask. 

I will draw gore and violence, both mild and extreme, whether candy-style or "realistic".

I will draw transformation work and/or sequences, SFW or NSFW

I will draw (or at least consider) most NSFW content. Please contact me directly if you have any specific questions or would like examples. 

I will NOT EVER accept or consider: Discriminatory or hateful content (including ANY violent content relating to existing people, although depictions of violence to fictional groups may be acceptable), any form of sexual conduct involving minors/characters who appear to be minors, any form of sexual conduct involving non-anthropomorphic animals (bestiality), non-consensual sexual content, certain fetishes (personal discretion, usually just because I don't draw them well i.e. inflation), or anything which violates U.S. laws (intellectual property, copyright, or otherwise).

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ToS are subject to change without notice. Revisions apply to commissions ordered after most recent revision.

Last updated: 10/27/2017