Commission Terms of Service

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

1. ENGAGEMENT:
A. Client provides clear and complete requirements and expectations upfront, including references before artwork begins.
B. Client grants the Artist to non-exclusive rights to observe and replicate Client's character design and reference for the use of the artwork.
C. Client warrants that the design and reference is legally obtained and authorized for use by the client.
D. 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.
E. Artist aims to perform the best of their ability in good faith and warrants artwork is completely original to their best knowledge.
F. Artist may use commercially licensed, copyright-free, educational materials, assets, and tools to complete the artwork.
G. Artist reserves the right to refuse projects based on content, subject, or other reasons.
H. Artist warrants they will not copy or heavily reference unauthorized materials.
I. The Client and the Artist will define the work and details of the project through email and other messaging options such as but not limited to Twitter, Facebook, Instagram, Discord, or email. The details set forth by the Client and the Artist shall be agreed upon by the client before the work begins.
J. The Client will purchase the correct commission submission found at https://babybeanlettuceartllc.com/pages/commissions as dictated by the Artist. 

2. CONTENT RESTRICTIONS:
A. Artist will not create content that is offensive, sexual, or inappropriate.
B. Specific restrictions include but are not limited to: explicit adult content and copied styles.
C. Artist will only take on Fan Art requests within legal allowance.
D. It is the Client's duty to educate themselves on the said Fan Art's legal allowance and bring this knowledge to the artist. Acceptable forms of knowledge is the Game / Owner / Artist / Book / Etc. Terms of Service of whichever the Fan Art is sourcing.
E. The Artist will not utilize artificial intelligence as an art creation tool. 

3. TIMELINE AND PROCESS
A. Artwork completion may take up to 2 months depending on the project.
B. Timeline depends on commission type, complexity, and workload.
C. Client should plan launches and streams accordingly.
D. Artist will provide progress updates and the Client will provide feedback. 
E. Final Artwork will be provided using email or other transfer tools.
F. The Client can request other transfer tools if email is deemed insufficient.
G. The Artist has the right to reject the suggested transfer tool, but may make a counter-suggestion.
H. If there are any delays and adjustments to the timeline, the Artist will inform the Client.
I. Clients must first agree to delays and amendments to the timeline exceeding 2 months through standard communication channels.
J. Clients have the right to request refunds as detailed in Section 8. Cancellations and refunds.
K. During the process, the Client will be provided a sketch, lineart, and coloring as major steps to the process.

4. REVISIONS
A.The Client is able to request revisions with the Artwork.
B. The Artist defines revisions as each session of the artist asking for feedback and receiving the changes requested by the Client. This revision count resets with each phase of illustration: sketch, line art, color. 
C. If the Client requests more than 2 revisions per each illustration phase, the Client will be subjected to a fee of $20 per each additional revision session. 
D. Revisions may affect progress and timeline. 

5. COMMUNICATION
A. Ongoing communication and discussion will occur throughout the project, including works in progress, idea generation and collaboration, situational updates, and more.

6. RIGHTS AND USAGE
6A. Artist Rights
Ai. The Artist retains copyright, ownership, redistribution, and intellectual property rights, which includes but is not limited to: display, advertising, printing, the Artwork and work in progress on websites, social media, portfolios, public broadcast channels (i.e. Twitch) and more.

6B. Client Rights
Bi. Client receives exclusive, non-transferable usage rights to the Artwork for personal use. 
Bii. Personal use means: display on social media accounts for promotional purposes with no direct monetization, such as 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.
Biii: Client must not claim Artwork as their own and must credit Artist using their social tag/username/link at the instance of display of the Artwork or permanently on their websites, social media profiles, broadcast channels and so on.
Biv. Client must not edit or modify Artwork in anyway without prior permission from the Artist.
Bv. The Client does not receive commercial rights unless requested and approved by the Artist. 
Bvi. The Client will not insert the artwork into any AI (Artificial Intelligence) or ML (Machine Learning) tools, platforms, or programs and is strictly prohibited.


7. PAYMENTS AND FEES
A. Client pays 100% of the project upfront utilizing the Babybeanlettuceartllc.com Commissions page
B. Prices are in USD and paid utilizing Babybeanlettuceartllc.com or the project may be cancelled.
C. Prices may vary or change depending on complexity, requirements, and/or additional requests.
D. Once the Artwork has begun and payments have been made, the Client acknowledges Artwork will be digital and there are no physically shipped goods to receive.
E. Client warrants that they will not issue chargebacks and the refund policy mentioned below will be followed.
F. If the Client requests more than 2 revisions per each illustration phase, the Client will be subjected to a fee of $20 per each additional revision session. 

8. CANCELLATION AND REFUNDS
A. If the Client requests cancellation before the work has been started, the Client will receive a refund.
B. If the Client requests cancellation after the work has been started, the Client will not receive a refund. 
C. 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 the Client decides to use said work, the Artist will provide a partial refund only.

9. CONFIDENTIALITY
A. 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 Artwork, 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
A. 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.

11. ACCEPTANCE
A. Client is 18+ and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf.
B. Agreement date is upon first signature of this contract and first payment.