Last updated 2/26/2020

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Definitions
 

• Artist: The individual producing the Commission (Ronan Hart, “Morning Bones Art”).

• Client: The individual purchasing the Commission.

• Commission: The form of service provided by the Artist to the Client per the Commission Agreement. “Commission,” “Art[work],” “Image[ry],” and “Project[s]” are used interchangeably herein and in Commission correspondence.

• Commission Agreement: The discussion, documented via email (or where email is not available, via U.S. Postal Service), in which the Artist and Client agree to the subject matter and type of Commission to be produced, the Commission price, the point in time in which the Artist is expected to commence in Start of Work, and – if applicable – the Commission deadline, early termination circumstances, rush fees, Transfer of Copyright, and/or whether or not the Commission can be immediately displayed in the Artist’s portfolio. This Commission Agreement shall remain on record with the Artist, along with any other documents related to the Commission, for at least two years. Ultimately, the Commission Agreement will usually conclude with:
  
  “This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior communications between Artist/Client with respect to such matters. No modification of, or amendment to, this Agreement – or any waiver of any rights under this Agreement – will be effective unless in writing and signed the by Artist.”
   

• Start of Work: The point in time by which the Client has approved the Artist to start work on the Commission (e.g., Artist begins to create the Commission).

• Profile(s): Online locations where the Commission may be displayed (e.g., “galleries,” such as ronanhart.wixsite.com/morningbones, Facebook, Instagram, and Twitter albums, DeviantArt, Tumblr.com, etc.). “Profile(s)” do not include any sites that display hateful or racist imagery, illegal activities, or sites known to display, reproduce, and/or sell works without crediting the Artist. Additionally, no Commission may be displayed without notifying the Artist first, or as agreed upon in the Commission Agreement.

• Personal Space: Non-public, offline locations (e.g., home or office); i.e., no business involving the Commission is being conducted.

• Public Space: Offline locations that do not fall under “Personal Space” above.

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Terms

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1. Sale: The Artist hereby sells or transfers the Commission to the Client at the agreed value written in the Commission Agreement prior to the Start of Work.
    

2. ***Artist Copyright & Reproduction: By commissioning the Artist, the Client is purchasing the Artist’s labor only. The Artist retains all rights to the Commission, which includes but is not limited to: Distribution, reproduction, use of the Commission for Artist promotion (e.g. Profiles, Personal Space, Public Space, as defined in the Definitions section herein, etc.). The Client may not distribute, reproduce, or otherwise profit from the Commission, beyond the resale of the original, [traditional art] Commission.  The client may not edit, alter, or trace the Commission without the Artist’s expressed written permission.  Artist also retains full copyright for any preliminary designs and incidental works made in the creation of the Commission.
    

3. ***Payment: A non-refundable 50% deposit of said price must be made in the signing of the Commission Agreement prior to the Start of Work (unless the agreed-upon price is less than $40, in which case the full amount must be paid upfront). Ownership of the Commission will only pass from the Artist to the Client on receipt of payment in full. The Artist will confirm payment once drafts have been seen and agreed upon by the Client; any further work on the Commission will be with-held until this agreement is made and payment received.
   NOTE: Payment method is through Paypal; an invoice will be sent to the given e-mail. All prices are expressed in U.S. dollars (USD), and payments are expected to be made as such. The Client is responsible for providing the correct amount, equal to the USD amount. Please visit xe.com for accurate currency conversions.
    

4. ***Decline of Offers: The Artist has the right to refuse any Commission request, without needing to explain the reason.
    

5. ***Public Display & Use: The Client may display the Commission in Profiles as long as the Artist’s name (Ronan Hart or “Morning Bones Art”) is prominently displayed along with a link to ronanhart.wixsite.com/morningbones or @morningbones on Twitter or @morningbones_ on Instagram. Additionally, any Profile display of the Artist’s Commission must notify the Artist. The Client cannot display a Commission outside of Personal Space or in a Public Space. The Client must obtain written permission from the Artist prior to displaying the Commission in a Public Space; additional fees may apply.  See Term 3 - Artist Copyright & Reproduction.
    

6. ***Refund Policy: Refunds may only be issued if the Client notifies the Artist prior to Start of Work. No refunds will be issued after Start of Work, nor will a refund be issued before or after Start of Work if any of these Terms of Service are breached. Additionally, the Artist has the right to revoke access to, and stop work of, the Commission at any time after Start of Work if these Terms of Service are breached. For refunds regarding damages or misplacement in transit, please see Term 19.  However, full refunds will be made at any stage if the Commission cannot be completed on the Artist’s behalf.
    

7. Priority of Offers: Due to the Artist's full-time work, and the nature of said work hours, the Artist will prioritize each Commission request accordingly. Commission offers that satisfy the following components are placed as higher priority than other offers. These components include: the Artist's skill level, availability, flexibility of deadlines, subject matter, pricing and shipping. For example, commission offers based on particular subject matters that pertains the Artist's interest (i.e. animals, wildlife, science, environment, etc.) will be placed at higher priority than subject matters that are not in the Artist's relevant interests.
   NOTE: The Artist will not create any depiction of sexually explicit (i.e., “x-rated”, “pornographic,” simulated sex, or sexual arousal) materials, fetishes, or any form of hateful, racist, violent or gory imagery. 
    

8. Artist Cancellation of Commission: The Artist reserves the right to stop work on a Commission, or cancel a Commission request due to poor communication, rude/inappropriate behavior, an inability to effectively communicate in the English language, or a breach of these Terms of Service.  A refund will not be offered in these cases.
    

9. Copyright/Trademarked Characters: The Artist will not reproduce a copyrighted image or character without consent of its copyright owner, and as it pertains to United States Copyright Law (https://www.copyright.gov/title17/).
    

10. Commission Description: The Client must specify the content of their Commission to the best of their ability prior to a Commission Agreement. A complex Commission will incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work. The Client must specify the desired display size of the Commission, regardless of whether the Commission is completed digitally or traditionally. A large display size will incur additional illustration fees, to be defined and agreed upon in the Commission Agreement prior to Start of Work. Commission pricing details can be viewed here; all prices are as a guide only and may not represent the final price of a particular Commission.
     

11. Deadlines & Flexibility: The Artist will not take on Commissions that have a) strict or short deadlines; and b) if the Client is not flexible on deadlines. This is due to the nature of the Artist's full-time work and is non-negotiable. If the Commission is time-sensitive, a rush fee may be applied, to be defined and agreed upon in the Commission Agreement prior to Start of Work. The Artist, to the best of their ability, can give a general indication of how long the Commission will take to complete, and when the Client can expect to receive the finished product prior to the Start of Work. The Artist will inform the Client regularly or progress (including photos) or if changes to completion times have occurred. The Artist is not obliged to explain reasoning behind extensions or delays for the completion of a Commission but will often do so out of courtesy.
     

12. Confidentiality: If the Commission is defined as confidential in the Commission Agreement, the Artist will temporarily delay public display of the image at the request of the Client and as defined in the Commission Agreement until such time the Commission Agreement specifies public display is permitted. A Client may not request the Artist to complete a Commission without defining the time-span in the Commission Agreement to eventually allow the Artist to publicly display the image
     

13. Competitions: Under no circumstances may the Client submit a Commission to any kind of contest.
     

14. Digital Commissions: Digital art Commissions will be provided to the Client via email in .jpeg or .png format (PDF possible); this does not include the Commission native files (e.g., .psd, .tif, etc.), unless agreed upon in the Commission Agreement, or thereafter, the Client obtains written permission from the Artist. Files will be of highest resolution and include both signed/watermarked and un-watermarked copies of the finished product.  The Artist is not responsible for the cost of shipping a Commission (traditional art Commissions or any digital media device [e.g. CD, DVD, flash drive, etc.] or print of a digital art Commission); the Client is responsible for all shipment costs.
     

15. Traditional Commissions: Traditional art Commissions will be provided to the Client via postage and shipping. The Client is responsible for all shipment costs Additionally, a digital format of the final Commission will also be provided to the Client as a .jpeg, .png or .PDF file.
     

16. Prints & Products: The Artist is not responsible for printing [creating a hard copy of] a digital art Commission or reproducing prints of a traditional art Commission for the Client unless agreed upon in the Commission Agreement. The Client may use the digital (.jpeg, .png or .PDF) file for local printing, so long as it does not breach Term 2, Term 5, Term 13, and the Client obtains expressed written permission from the Artist prior to printing.
     

17. Promotion: The Artist may use any images of the Commission for promotional purposes, unless otherwise agreed upon in the Commission Agreement (see Term 12 - Confidentiality). The Artist may also sell Limited Edition Prints or merchandise of the Commission (i.e. art books) only with written agreement from the Client.
     

18. Non-Destruction: The Client will not permit any intentional destruction, damage or modification to the Commission.
     

19. Moral Right: The Client will not permit any use of the Artist’s name or misuse of the Commission which would reflect discredit on his/her reputation as an artist, or which would violate the spirit of the Commission.
     

20. Damages, Theft, & Misplacement: The Artist is not responsible for any damages made to the Commission [traditional or digital print] except for those inflicted at the fault of the Artist or during the Artist’s possession. The Artist will contact the Client should this occur. The Artist is also not responsible for any theft or misplacement of the Commission. The Artist will ensure packaging of the [traditional or digitally printed] Commission is safe and secure, and will provide postage and tracking details to the Client once the Commission has been posted. The Client accepts all possible risks once the Commission Agreement has been signed and payment made. If damages have occurred, the Client must notify the Artist within seven (7) days of receiving the Commission and must provide evidence of said damages. If the Commission has been damaged but the Client wants to retain ownership, the Artist will refund 50% of the full amount back to the Client or as negotiated. If the Commission is stolen, lost, or perished during transit, the Artist will refund 50% of the full amount back to the Client or as negotiated [traditional and digital print]. Any damages or misplacement caused at the fault of the Client or during the Client's possession will not be refunded. The Artist is not responsible for rectifying online plagiarism or Copyright infringement of the Commission by other parties if a "Transfer of Copyright Agreement" was made.
     

21. Commission Conflict: The Client may not incorporate the Commission in another work of art (or another Artist’s Commission). A take-down notice will be issued in such cases and Term 23 will be applied as necessary.
     

22. Preview Requests: The Client may request a preview of the Commission at any time during the creation process but may not request changes to the Commission after Start of Work or approval of the draft, unless agreed upon in the Commission Agreement prior to Start of Work.
     

23. The Artist has the right to pursue damages under United States Copyright Law (https://www.copyright.gov/title17/), should there exist a violation in addition to a breach of these Terms of Service.

 

Required Client Information

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The Client is responsible for ensuring that their contact details are true and correct. Either party shall notify the other party in case of change of address prior to such change.

• Name: The Client must state their name for a Commission (full-names are not required).

• Email Address: The Client is encouraged to contact the Artist via email (morningbones.art@gmail.com) or contact form to query a Commission.

• Phone Number (Optional): The Artist will not call or text the Client unless there is a conflict in schedule, payment, or a breach in the Terms of Service.  The Artist prefers to use email.

• Other Forms of Communication: The Client may request a different form of communication (e.g., phone call, Skype, Facebook Messenger, direct message, etc.) to discuss a project before signing a Commission Agreement, by initially using the contact form on this website. However, the Artist must have the Client’s email address when entering into a Commission Agreement after query and discussions are complete.

• Physical Address: The Artist only needs the Client’s address if the Artist is shipping a [traditional art] Commission or a digital art print.

• Age: If the Client is under 18, the Client must supply contact information for a parent or guardian. The Artist reserves the right to contact the parent/guardian of an under-aged Client, to ensure that there is no breach in the Terms of Service, and the Client is able to pay for the Commission.

• Specifications for Commission: After the Client has read the Terms and Conditions above, checked Commission availability and price details, and made themselves familiar with the Documents required for a Commission Agreement, they can then contact the Artist about their proposal.

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The Client should state the following:

• Commission type (i.e. small-scale, high-detail, long working hours etc.)

• The subject matter of the Commission (i.e. illustrative animals, pet portrait, realism etc.)

• The mediums required (i.e. traditional painting, drawing, digital, felt, etc.)

• Size specifications (i.e. canvas size, resolution)

• Deadlines, if any (must be flexible)

• References or examples (i.e. character reference sheets, style references, photographic references etc.)

• Themes (i.e. if the image should portray anything)

• Additional requests (i.e. digital prints, framing and mounting etc.)

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These Terms and Conditions are subject to revision without notice. The Client must read and understand these terms before entering into a Commission Agreement
with the Artist. Once the Client enters into a Commission Agreement with the Artist, it is assumed the Client has agreed to all Terms and Conditions.