Terms Of Service Agreement Template / Example

After extensive conversations with a lot of artists and clients on situations they’ve faced, I’ve put together a rough terms of service template that addresses many of these major points. It is intentionally verbose to cover as many of the bases as possible.

This is an example, the terms should be changed and edited to be more appropriate for your services and needs.

Artists please note:

• Only take this template as a suggestion, not legal advice
• Ensure clients have read and agreed to the TOS before starting in time-stamped and recorded form (i.e. message screenshot, checkbox on form, etc)
• Copy and paste + link your TOS in your invoices for proof of agreement
• Please work with professional legal advice for legally binding signed contracts if you require
• Minors are not able to engage in legally binding contracts and legal guardians must be the mediator and signee
• Business clients may likely have legal contracts for artists to sign which may supercede any or all of these terms
• This agreement’s purpose is to help you and your clients be on the same page and protect both parties
• Current artist and client relationships are mostly good faith agreements and TOS are often brief and vague, and misses a lot of points, so this is an important step towards a stronger legal agreement to protect both parties

Common Problems Artists Face:

• No credit provided
• Constant revisions and change
• Delay or avoiding payments
• Confusion on who owns copyright/the work
• Reselling or commercial or AI/NFT use without permission/charge
• Cancellation of projects
• Clients editing work themselves into something that does not represent your work
• Chargebacks via Paypal/CC
• Shifting of requirements into content that artist is not comfortable of representing
• Adding additional requirements and possibly refusing to pay
• Unrealistic expectation of delivery date and communication speed from artists
• Clients providing or requesting close reference to material they do not own or have rights to (i.e. another vtuber’s design, stealing art)
• Clients flirting or harassing artist during the project

Common Problems Clients Face:

• Extended delays and timelines
• Lack of communication; ghosting
• Taking on too many clients
• Reprioritization of bigger clients
• Quality not up to par according to portfolio
• Artists who traced/heavily reference or used AI
• Lack of WIP updates to accurately provide approval/feedback; not allowing any necessary changes
• No refunds even in the case of artist negligence or failure to fulfil promises

Hopefully this helps anyway!

BE SURE TO ATTACH THE TOS OR LINK TO YOUR TOS TO YOUR INVOICES. For example in the memo say : Client agreed to the following Terms of Service prior to paying this invoice. The Terms of Service describes all terms including cancellation and refund policies. (Link)

Update (9/24/23) – additions to 3.e. , 4.e. , 5.d. , section 6; clarified 10.b.

@keyokku

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Before starting a project, we need to make sure we are on the same page so there aren’t misunderstandings and to protect against fraud, so please take some time to read through these terms! Thank you.

This Terms of Service Agreement (“Agreement”) is entered into between the Artist and the Client for the commission of an artwork (“Work”). By commissioning the Artist, the Client agrees to the following terms:

1. ENGAGEMENT

   1. Client provides clear and complete requirements and expectations upfront, including reference materials or assets before Work begins.
   2. Client grants to the Artist non-exclusive rights to observe and replicate Client’s own character design, reference material and other intellectual property for the use of the Work.
   3. Client warrants that the character design, reference material and other intellectual property provided to the Artist are legally obtained and authorised for use by the Client.
   4. Client warrants that they have the authority to enter this agreement, be the point of contact and is solely responsible for decisions and approval during the process.
   5. Artist strives to perform to the best of their ability in good faith and warrants Work is 100% original according to Artist’s best knowledge.
   6. Artist may use commercially licensed, copyright-free and/or educational materials, assets and/or tools.
   7. Artist warrants that they will not copy or heavily reference unauthorised materials.
   8. Artist reserves the right to refuse projects or requests based on content, subject, or other reasons.
   9. Artist defines scope of work, features, price, deliverables and other details for the project in a proposal in a format according to Artist discretion which may include private message through Discord or Twitter, VGen platform, Google document, or email. The details set forth by the Artist shall be agreed upon by the Client before work begins.

2. CONTENT RESTRICTIONS

   1. Artist will not create content that is explicit, offensive, or inappropriate.
   2. Specific restrictions include but are not limited to ___________ (i.e. furries, mechs, explicit adult content, underage characters, excessive muscles, gore, copied styles, and gender identities or cultures the Artist may not be able to portray authentically.)

3. TIMELINE AND PROCESS

   1. Work completion requires ______ (i.e. 2 weeks minimum), and may take up to _______ (i.e. 7 months) depending on each project.
   2. Timeline depends on commission type, complexity, and workload.
   3. Client should plan launches and streams accordingly.
   4. Artist provides progress updates and seeks Client feedback voluntarily.
   5. Final deliverables are provided by the Artist using the VGen platform, email, Google Drive or similar file transfer tools, in _____ (PSD, PNG, SVG, AI, etc) formats as applicable. Any files hosted by the Artist will be available for the Client to download for _____ (days, weeks, months).
   6. If there are any delays and adjustments to timeline, the Artist will inform the Client.
   7. Clients must first agree to delays and amendments to timeline exceeding ______ (i.e. 3 months) through standard communication channels.
   8. Clients have the right to request refunds ______ (i.e. 3 months) after deadlines according to 8.c. if Work has not been delivered and there was no agreed upon amendment to the timeline.

4. REVISIONS

   1. One revision is allowed per item shown to the Client during the process.
   2. (i.e. After line art, only minor revisions are allowed.)
   3. Additional charges for excessive revisions may be required.
   4. Revisions may affect progress and timeline.
   5. Clients may not edit the work after final delivery unless specified in the commission information, project outlines or otherwise approved by the Artist.

5. COMMUNICATION

   1. Ongoing communication and discussion will occur throughout the project, including work in progress, idea generation and collaboration, situational updates, and more.
   2. Communication channels may include ______ (i.e. a dedicated commission Discord server, Discord or Twitter private messages, Trello, or others) according to Artist discretion.
   3. Artist response time may vary, up to ______ (i.e. one week) in order to provide better or more concrete updates.
   4. The Artist and Client agree to discuss relevant matters concerning the project. Both parties have the right to decline other topics of discussion.

6. RIGHTS & USAGE

   1. Artist General Rights

      1. By default, Artist retains copyright, ownership, redistribution and intellectual property rights, which includes but is not limited to display, advertising, printing, the Work and work in progress on websites, social media, portfolios, public broadcast channels (i.e. Twitch) and more, exempting when some or all of these rights are transferred to the Client under express agreement or project specifications.
      2. The Artist may use rejected work in progress and versions for other projects according to their discretion, under the condition that it does not infringe the Client’s intellectual property rights and ownership of their likeness, character design, branding, identity design or any such trademarks.
      3. (Optional) The Artist retains the non exclusive rights to sell merchandise and prints of their Work, unless exclusive commercial rights are purchased by the Client.

   2. Client Rights for Personal Use Licensed Works

      1. Clients receive non-transferable usage rights to the Work for personal use. Refer to Section 6.c. for commercial rights.
      2. Personal use means: display on social media accounts for promotional purposes with no direct monetization or sales, such as social media profile pictures, banners, and posts; print and framing in personal spaces; display as part of designs on websites and channels, excluding use in content of these websites or channels; or any other instances where no monetization of, or of content featuring, the Work is involved.
      3. Client must not claim Work as their own and must credit Artist using their social tag/username/link at the instance of display of the Work or permanently on their websites, social media profiles, broadcast channels and so on where possible.

   3. Client Rights for Commercial Use Licensed Works

      1. Commercial usage rights are not included in general commissions, unless specified in the commission type or project specifications listed on the Artist’s websites (i.e. vtuber models, stream overlays, emotes, and so forth), or is purchased by the Client and agreed upon.
      2. Commercial rights may differ for each commission type. Commercial broadcast rights means usage of Work on streams, videos, advertisements and other content, or any similar monetized instances; commercial distribution rights means selling or reselling Work to another party, as a part of any product or merchandising, or on another platform.
      3. In the case of original design work and assets for the purpose and definition of the Client’s brand identity such as character design, logo design, and more, intellectual property rights of the designs and their likeness are exclusively transferred to the Client for use, production and modification purposes, commercial or personal. (Please clarify in further detail for each type of work if necessary)
      4. Usage of Work for AI (artificial intelligence) tools, platforms or programs; ML (machine learning) tools, platforms or programs; AI or ML training; NFT; blockchain; or other for-profit platforms/purposes, is strictly prohibited.
      5. Additional charges will be required for commercial usage if not included in the project type, listing, or specifications, typically 2x of the original cost.

7. PAYMENTS & FEES

   1. (optional) Client pays a (non-refundable) _____ deposit deducted from the project fees for waitlist bookings.
   2. Client pays _______ (i.e. in full up to $150 value, or pays a 50% downpayment for higher value projects.)
   3. (i.e. In the case of projects above $150, the final 50% is due at first complete watermarked or low resolution preview of the final deliverables.)
   4. Invoices, proposal or payment link will be sent to the Client when Artist is ready to begin work. Clients must not send money before these requests for payment from the Artist.
   5. Invoices must be paid within ____ (i.e. 72 hours), or the project may be cancelled.
   6. Prices are in USD, and paid via VGen, Stripe, PayPal, or methods as provided by the Artist.
   7. Prices may vary or change depending on complexity, requirements and/or additional requests.
   8. Once Work has begun or payments have been made, the Client acknowledges Work and deliverables are digital and there are no physically shipped goods to receive.
   9. Client agrees that they will not issue chargebacks and the refund policy mentioned below will be followed.

8. CANCELLATION & REFUNDS

   1. If Client requests cancellation, __________ (i.e. 50% of project fees may be forfeit if cancelled within 2 days before work starts. A partial to full refund may be provided if there is more than 2 days’ notice.)
   2. No refunds are possible after work begins unless initiated by the Artist and except for circumstances due to the Artist as detailed in 8.c. and Section 3.
   3. If Artist cannot complete work or there are delays as detailed in Section 3 for unforeseen reasons, the Client may be eligible for a full refund. If work done up to this point is accepted and used by the Client, the Artist will provide a partial refund according to the amount of work complete.

9. CONFIDENTIALITY

   1. The Artist and Client acknowledges that information and materials that are provided to either party (including but not limited to personal information, technical information, marketing plans, payment information, or sensitive business information) outside of the development of Work, that will not be visible to the public, shall be considered confidential information and shall not be disclosed to any other party without prior written permission from the owner of this confidential information.

10. INDEMNIFICATION

    1. Client indemnifies Artist against claims, losses, damages, and expenses related to Work usage by the Client, breach by the Client of the Agreement, or third-party claims.
    2. If Client’s rights and the terms of this agreement are violated or the Work is not delivered as agreed, due to Artist negligence, Artist will work to remedy the situation first according to the terms aforementioned and otherwise to the satisfaction of the Client.

11. ACCEPTANCE

    1. Client is 18+ and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf.
    2. Agreement date is upon first inquiry/communication or first transaction. (or by use a digital signature program for a more legally binding and enforceable agreement if the Artist does choose to)

Note: Businesses, agencies, groups and other organizations should contact the Artist to discuss arrangements in more detail.

Template by
@keyokku
Illustrator, Vtuber, Model Artist
twitter.com/keyokku
twitch.tv/keyokku

How to properly fill out a DMCA for:

Discord

Countless times I have come across stolen emotes on this platform, and at the beginning I struggled a lot to find a way for discord to respond to my emails in a suitable way in order to reach an agreement with these servers. If you are an artist and you have this problem, this is a DMCA takedown that has worked for me. Because it is a legal process, all the information must be true and filled correctly.

You need to send this form :
>> dis.gd/request <<

In order to file a DMCA takedown request with Discord, please download and fill out the form located at https://dis.gd/DMCAForm – Submit your filled out form in the attachments section below

Follow these steps to find the ID of the channel: https://support.discordapp.com/hc/en-us/articles/206346498-Where-can-I-find-my-User-Server-Message-ID-

To put the link of the emotes you want to report:
– Right click on each emote and copy this link
– The link should look like this: https://cdn.discordapp.com/emojis/418536785585373185.png?v=1
You need ALL the links of each emote

DMCA for discord template optional
I recommend you use a PO Box address so as not to reveal too much information

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DIGITAL MILLENNIUM COPYRIGHT ACT

Dear Designated Agent:

Pursuant to 17 U.S.C. § 512©(3)(A), this communication serves as a statement that:
My name is [Your name here] I am the creative and owner for the next emotes on Twitch and my discord Server:
Twitch channel emotes: https://www.twitch.tv/subs/ [your channel]
Your server ID:
Your ID:

These exclusive rights are being violated by material available upon this server at the following URL(s):
Channel ID:
Owner ID:
Emotes links:

I have a good faith belief that the use of this material in such a fashion is not authorized by the copyright holder, the copyright holder’s agent, or the law;
Under penalty of perjury in a United States court of law, I state that the information contained in this notification is accurate, and that I am authorized to act on the behalf of the exclusive rights holder for the material in question;

I may be contacted by the following methods :
[ Real address with zip code and country ]
[ Phone with area code ]
[ Email ]

I hereby request that you remove or disable access to this material as it appears on your service in as expedient a fashion as possible. Thank you.

Regards,
[ Your real name ]

---

How to properly fill out a DMCA for:

Twitch

This process is easier and similar, but it is important that you change the article of the first line. You need to send it this email to dmca-notifications@twitch.tv

It is extremely important that the links are directly from the official twitch page to refer to the emotes, don’t use external pages like twitchemotes.com or similar.
This is an example for link your channel emotes: https://www.twitch.tv/subs/k3llyArt
I recommend you use a PO Box address so as not to reveal too much information

---

DIGITAL MILLENNIUM COPYRIGHT ACT

Dear Designated Agent:

Pursuant to 7 U.S.C. Section 512(g)(3), this communication serves as a statement that:

My name is [ Your real name ] I am the creative and owner for the next emotes on Twitch
[ You can adapt this part to your convenience ]
Twitch channel emotes: https://www.twitch.tv/subs/[your twitch channel]

These exclusive rights are being violated by material available upon this server at the following URL(s):

Channel:
https://www.twitch.tv/

Emote thefts :
https://www.twitch.tv/subs/[Channel Name]
[ you can add url of the screenshots to specify each emote ]

I have a good faith belief that the use of this material in such a fashion is not authorized by the copyright holder, the copyright holder’s agent, or the law;
Under penalty of perjury in a United States court of law, I state that the information contained in this notification is accurate, and that I am authorized to act on the behalf of the exclusive rights holder for the material in question;

I may be contacted by the following methods :
[ Real address with zip code and country ]
[ Phone with area code ]
[ Email ]

I hereby request that you remove or disable access to this material as it appears on your service in as expedient a fashion as possible. Thank you.

Regards,
[ Your real name ]

Many highly skilled artists are charging less for commissions than they could be, and are making less income as a result. I have been helping artists with commissions for a few years, and I hope this thread will expand to others and help them as well.
1/

Let’s start with something interesting, what companies are paying.
FF pays $100 per illustration (v low)
Paizo pays $150 per character (v low)
DnD pays $500 per character
MtG pays $1k-3k per card
Artifact paid $2k per card
Hearthstone pays $1.5k per
Riot $3k-10k
2/

Most companies are unfortunately closer to Paizo and FF, as provided by @SHelmigh ‘s blog https://suzannehelmigh.artstation.com/blog
These rates are very low, paying 3x-10x less than individuals who just want their character drawn.
3/

Practical lessons. First, take at least 50% of the payment up front, no matter what, nonrefundable. Don’t send the final until after it is paid in full. Not all clients will burn you, but some will. Contact the client before you start theirs- make sure they’re still around
4/

You don’t need a long queue of commissions. You only need ~2 commissions lined up at a time. The one you are working on now, and the one you are working on next. The rest are in the future and whether you have them now or in the future, it doesn’t matter.
5/

If you get commissioned for 20 pieces at $200 each, that’s $4k, great, right? If you can only complete 10 of them this month that’s $2k + 50% of the other 10- that’s $3k, and $1k of that is basically a loan, you now have to do the others next month for $1k.
6/

That means you have to get more commissions next month that you won’t be able to complete until future months… It quickly becomes a treadmill that’s hard to get off of.
7/

Having a long queue, or instantly getting several commissions when you announce availability, are signs that your prices are too low. Since you only need ~2 on your list at a time, price higher so that you are getting the most out of your time that you can.
8/

Never give group discounts. They’re asking you for more work, don’t charge less for more work. They are buying your time, which is finite and in demand. Party commission requests are common, but most won’t pay when they do the math of $500×7,+500 for a background
9/

Many companies like Paizo or FF will lowball rates, knowing that someone somewhere will take it. Private clients will pay 3x-10x as much as they do. Better paying companies don’t care about your resume or college education, you can skip those steps, just have the skill level
10/

As for how much you should charge, start by timing how long it takes you to complete the things you want to offer. There will be some variation, keep track of what things make it take longer for you to complete, we’ll get to that later.
11/

Take the baselines, minus the things that made them take longer, multiply that number of hours by $30. That should be the starting point. As your skill increases, so too should the $ number that you multiply the number of hours by, or simply increase the price in general.
12/

The things that make you take longer, how much longer do they take you? What %? Keep note of them, so you can adjust the price when someone asks you how much that, or something similarly complex, will cost.
13/

As your skill improves, so too will the quality, and/or the speed at which you complete pieces. Don’t lower your rate to match increased speed. Speed is a valuable quality that means quick turnaround times, ability to meet tight deadlines, or make revisions (if applicable)
14/

What price number is ‘too high’ to be reasonable? It’s a spectrum, the higher the number, the fewer number of clients will like that price. There are more clients that will pay $100 than $200, than $500, than $1000, etc. But there *are* still a lot of them at each
15/

There are indeed a lot of people making $100k+ per year that play DnD, or are furries, or both, and will pay an artist that they like $1000 to draw/paint their character, even if that artist doesn’t do official DnD/MtG/etc art. They have expendable income.
16/

Just because the artist cannot afford the prices that they are charging, that doesn’t mean the prices are too high. “We are not our clients”. Here is the income distribution pre-pandemic in the US https://www.statista.com/statistics/203183/percentage-distribution-of-household-income-in-the-us/ That’s ~100m households making $100k+.
17/

Also calculate the day rate that you need to make to cover your expenses with this calculator https://docs.google.com/spreadsheets/d/1XrsFYPUCNDa1ykUyHCzW2EkjDQiigKyGAl_JPb5RVEs/edit#gid=0 this is the *minimum* that you should be making in order to survive.
18/

If you live in a low cost of living area, charge as if you don’t- try putting in $2.5k/month for rent and $1.6k/month for savings. Living in a low cost of living area means that you can *work less* or work the same amount and *live better*.
19/

You are able to charge as if you’re living in LA while living anywhere in the world. Some artists will even leave their country to live in Poland, Thailand, etc, so they can charge the same amount, work less and/or live more comfortably. https://nomadlist.com
20/

If you feel that the price you came up with earlier is too high because you spend dozens of hours per character, this is a skill issue that you can work to resolve. Aim for no more than 6 hours for a full body lines + flat colored , 15 hours for a fully painted character.
21/

If you feel that the quality of your work isn’t high enough to warrant hundreds/thousands of dollars, it may be true, or you may be undervaluing your work. Look at the artists on reddit.com/r/fantasyartists all of them are charging at least $100 per character and $30/hr
22/

Your work doesn’t have to be as good as the best there, but is it as good as *something* in that feed? If the answer is yes, you may just need to advertise yourself more places, or otherwise improve your marketing strategies.
23/

If the answer is no, then consider pushing through and practicing/learning more to bump up your skill level. There are more free resources than ever to guide you, and then it comes down to putting in the time/work. I’ll make a future thread about this later.
24/

To get more clients at higher prices, you need to learn business and marketing. I took down notes of the top 10 marketing tips from my friend who is a director of marketing at a major studio https://docs.google.com/document/d/14gCgMkflHmleEv1_QZef_qAauH_zHXiyBmt-H8x4pIs/edit
25/

A few of the points in his top 10 list come from this video, which I highly recommend to watch about once a year. https://www.youtube.com/watch?v=QHHg99hwQGY
26/

Clients will hire you to make things similar to what they see you have already made. Make art for your portfolio that displays the work you want clients to hire you for. Don’t include things in your portfolio, or share on social media, you don’t want to make more of
27/

There are two methods to get clients, 1) having the clients find you, or 2) go to where your clients are. Instagram falls into the first group, and it’s a pain. If you plan to go down this path anyway, here is everything I learned about Instagram
https://docs.google.com/document/d/1Eqm3YPPQ9wVe_9pP6g3tqeEivFIR5cWjB7hDQo_X04s/edit
28/

Alternatively you can try to grow your Twitter, TikTok, YouTube or other social media platform. You’ll be fighting with an algorithm for the attention of your followers in order to reach new eyeballs, whichever path you choose.
29/

Facebook Groups, Subreddits and Discord servers have communities where many of the users are looking to buy work, and all you have to do is find them and post there. Each place will have their own rules of varying restrictions, follow them.
30/

You don’t have to make a price sheet, you can have a conversation with those who wish to hire you. Learn negotiation tactics from other industries. Have a made up “assistant” that handles your emails/negotiations for you if it makes you feel more comfortable.
31/

If you are being bombarded with inquiries and cannot have conversations with those seeking commissions because there isn’t enough time/energy in the day for that- that’s when a price sheet begins to be worthwhile.
32/

Conversations would give the chance to increase how willing the client is to spend more. Letting them know that you’re excited to work on the project, making them even more excited to hire you. But if you don’t have the time/energy, price lists are fine
33/

When you are charging a reasonable rate, most people that inquire about hiring you will ghost after hearing your price quotes. That’s normal, and expected. These are not viable clients, you didn’t lose a sale, you don’t need to lower prices to accommodate them.
34/

It is reasonable to feel like you are losing money when someone reaches out but doesn’t hire you, and this can lead to feeling like your prices should be lower, or that your work isn’t good enough. It’s not you, it’s them.
35/

They either don’t have the available funds, or don’t value art enough. That’s fine, they don’t have to, everyone is different. I can’t justify paying for a Tesla Model 3, that doesn’t mean Tesla should lower the price for me? No, there are plenty of people who would pay.
36/

Some horrible people will try to tell you your work is bad after finding out that they cannot afford you, either out of spite or as an awful negotiation tactic. If they can lower your self esteem, they can get better prices. Nuts to that.
37/

It can be difficult to not tie personal self worth to your work and how others treat you. It’s a very common issue in the industry, and is why many artists see therapists. Therapy can be great for your career, don’t avoid it when it’s called for.
38/

Part of doing commissions is posting actively on social media, which can be a nightmare for mental health. There are jerks and algorithms, outside of your control. You’ll see others being successful- don’t compare your behind the scenes to other people’s highlights
39/

Share the work that you are comfortable sharing, including WIPs. For some reason sketches will often get more reach than finished pieces. Perhaps it is because people like to finish the piece in their head, which subconsciously lets them feel some pride/ownership of it?
40/

Try not to let it get to you when the sketch gets more likes than the finished version. It happens, it doesn’t mean the finished version is bad. Talk to other artists about it, they’ll likely have similar experiences and other input.
41/

You will also likely get unsolicited critique, and they’ll expect you to appreciate it. You can either ignore it, briefly thank them for their input, or etc. Getting into a fight with them about why they’re wrong probably isn’t worth your time or energy.
42/

Weirdly on social media, any interaction helps the algorithms, so if it helps, them inserting their unsolicited opinion may have helped you. But it’s probably not worth giving them too much attention for it.
43/

Worse are people who will rant about your prices when you post them, these people are why many artists don’t post their prices publicly. They’re not going to buy art, they just want to tell other people not to hire you. If it’s a subreddit or FB group, report them.
44/

People that reply to publicly claim that you are too expensive are just trolls, ignore them if you can’t get them deleted or otherwise dealt with. If you give them more attention, they’ll just talk more, which is just more annoying for everyone. Don’t feed the trolls
45/

One interesting tidbit found over and over- the more the artist is charging, the nicer and more understanding the clients are. May sound counterintuitive, but it’s true time and time again. Not all high paying clients will be good clients, but more of them will be.
46/

Some clients will want to manage you or backseat draw- unless they’re a professional AD, don’t let them. You don’t even have to send them the sketch for them to give feedback before continuing on to finish. They may feel they have to make changes because you offered it.
47/

They may specify the design/color of every item on the character, and it will look like garbage. You are allowed to communicate with them that you will be changing the colors and designs to make it fit together- ask them what is most important. The product reflects on you.
48/

Sometimes you can simply have a version that you give to the client and a version that you share with the public that is slightly different and deviates from the client’s prompt.
49/

You should have an explicit contract and a terms of service. Make sure that any revisions you allow for are included in the initial cost. You do not have to provide free/included revisions. If they want substantial revisions, make them pay more. Spell it out in the docs.
50/

Here are some example contracts you can start from. You are allowed to edit them as you see fit. http://artpact.artisfy.com/Contracts/
51/

Situations may arise where the client insists that you do things that you are not comfortable with, or communicates in a disrespectful or otherwise unbearable manner. You are allowed to fire them and keep the 50% deposit for the time and effort that you had invested.
52

As long as it’s in the contract, it is well within your rights to terminate the contract for behavior that ruins the production. Producing art is difficult enough without the client making the situation unbearable. Take care of yourself.
53/

Some clients will not want to wait for their spot in line, or will have a deadline. Charge them more. 50% of the total to skip to the front of the line, and if the deadline is close enough that it would be a burden on you to fulfill in time- an additional 50% is warranted.
54/

If you are unable to hit the deadline, let the client know as soon as you believe you won’t. Often it will be fine, and they will have more of a buffer than they provided. If it’s a gift for the specific date, they may wish to cancel. Keep the deposit or contract kill fee.
55/

In US copyright, the artist who created the work maintains copyright unless the contract states otherwise. If they wish to share copyright so they can redistribute it for their products, charge them more. Some artists go with an additional 50%, similar to rush jobs.
56/

If they want sole ownership of the copyright, meaning that you cannot share it, or use it later for anything, bump up the price considerably, anywhere from 3x-10x. Additionally, strongly consider a time limitation on exclusivity, so they have to come back and pay more later.
57/

We’re almost to the end, here are some example price lists and commission queues. People are getting work at decent rates. Steve has been doing commissions for about 5 years, these are his prices, modifiers and terms https://docs.google.com/document/d/1g4zJRq_pY58Nq3pOd1aEvzpUQNNzcrbSykd2xQoTUE0/edit
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And this is his commission list and list of completed commissions (towards the bottom)
https://docs.google.com/document/d/1N5Ymb_CwlaB8LWIHmaD31n1vJLTx6GijNUbJLqdSaNg/edit
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Blake is a friend who switched to commissions after his graphic design employer screwed him over last year. He was able to pivot quickly by going to where the clients were, and people finding him on Twitch.
https://www.blakedart.com/commissions
queue – https://docs.google.com/document/d/1-rXh7qx6XHULldqL3Q6zBSP2-T15x_JsHPrfOmeF5nY/edit
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You can see how both artists have different processes, which allowed them to have distinct offerings, which hit different price points. This allows them to appeal to a wide range of client budgets with different amounts of work for a single full body character.
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Oh, and there certainly are artists who charge more. There are clients who will pay to get the artist that they want. You’re not competing with every other artist on the internet, you don’t need lower prices than everyone else.
https://twitter.com/Miles_DF/status/1281631606227247111
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Commissions are a good starting point, but they are a treadmill, they pay for today’s bills with today’s work. It’s hard to make ‘passive income’ off of the results of commission work. Consider what products you can make that will continue to sell for the rest of your life
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Products that will continue to make money long after they are first created are how you will go from worrying about money month-month to living more comfortably, and having more time for personal work or leisure.
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There are countless avenues for art heavy products that artists can look into producing. Look around Kickstarter, what other artists are selling? Get ideas from YouTube videos on artists’ avenues for income. What gels with your background/interests/skillset?
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Want a second opinion? Check this document for advice that was given to publishers for commissioning art. It should help educate some artists, too. https://drive.google.com/file/d/0B_yirvbOeJKbeXVJMGkxcjllQWc/view
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Want this all in one document? Here you go.
https://docs.google.com/document/d/1xspSxCRhLyXTm8Ol1awjZN03qVqSI6gO7JCpjDa7ikY/edit
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I cohost a weekly art business podcast with @joby_dorr on his Twitch channel, Sundays 2PM PST. You can find previous episodes on his YouTube page https://youtube.com/channel/UCPeCkGG7C3naz5BN8DNjp8w or on Spotify/Apple under “Art Condition”.
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