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.

Queue:

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

@stablercake on all of the following services:

Instagram - Twitter - Tumblr - FurAffinity - Furry Network - Weasyl - Flight Rising - 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)

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. 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.

In commissioning me (hereafter known as the artist), you (hereafter known as client) are purchasing my labor only. I retain full rights to all work produced under and prefaced by this contract, unless otherwise agreed upon explicitly and fully paid for.

In commissioning the artist, the client agrees that the artist has permission to draw your character(s) and/or intellectual properties under your direction.

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 of individual pieces containing or depicting original characters without client’s permission.

If a client wishes to remain anonymous, their name can be omitted.  If a client wishes their art not to be posted online or otherwise shown, this can be arranged. Please note that clients wishing this must understand that they are also expressly forbidden to post or share the artwork they receive anywhere online.

Client is not entitled to receive a raw scan, .PSD, or any other file containing the layers of the work.

Client may never claim work done under this contract as their own, redistribute it, or use it for any external project whether it be commercial or non-commercial.

Watermarks and other identifying features 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.

COMMUNICATION

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

Exception: Clients may message me through other avenues for slot reservation and may follow up with an email later.

If you have not requested through the Google Form, email or message me to reserve or inquire about availability. Once I have replied and confirmed your slot, send references & outline what you would like. I will price out your piece for you if applicable and once you confirm that you’re comfortable with the given price, you are required to send payment before any work begins. Any quote for a badge or $30 or under requires full payment before starting, any quote for work $30 and over requires 50% deposit (not including shipping) before I begin working on the sketch.

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. I expect payment once the sketch has been reviewed and corrected.

WIPs can be provided at client’s request. I don’t typically send them unless requested.

When finished, I will send the final artwork. If you have paid 50% deposit, you will receive a watermarked version and be requested to send the rest of payment before an un-watermarked version is sent. If you have 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 (scans can only be made of items under 12x16).

Expect a sketch within 1-2 weeks of order placement. Final piece timelines are dependent on workload and convention schedule, I 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 my mistake (were present in your references and I missed them) 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 work completed.
 

PAYMENT

Payment is conducted through PayPal 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 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 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.

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 50% or beyond, 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.

If a commission is cancelled at any point after the sketch stage has been completed, client will receive watermarked sketch only.

SUBJECT MATTER

Do not ask me to draw in someone else’s style.

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’s 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, mechanical elements, sci-fi or futuristic characters and environments, cityscapes and multiple buildings, 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.
 

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 accept or consider: Discriminatory or hateful content, any form of sexual conduct involving minors/characters who appear to be minors, noncon, certain fetishes (personal discretion), 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: 3/21/2016