Artist: The individual producing the Commission (“Tania Rouser”).
Client: The individual purchasing the Commission.
Commission: The form of service provided by the Artist to the Client as stated in the Commission Agreement. “Commission,” “Art,” “Artwork,” “Image,” and “Project” are used interchangeably herein and in Commission correspondence.
Custom Art Commission Contract: The document delivered 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 Start of Work, and – if applicable – the Commission deadline, early termination circumstances, rush fees, 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.
Start of Work: The point in time by which the Client has signed the Contract and remitted the 35% deposit, and the Artist starts work on the Commission (e.g. Artist begins to create sketches, drafts, and outlays, and develops elements of the composition and its color scheme).
Profile(s): Online locations where the Commission may be displayed (e.g., “galleries,” such as taniarouser.com, Facebook and Twitter albums, 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.
Personal Space: Non-public, offline locations (e.g., home or office, etc).
Public Space: Offline locations that do not fall under “Personal Space” above.
Commercial Purpose: Any image or project to be commissioned that does not fall under the type of use specified in these Terms of Service. New Terms of Service shall be developed and agreed upon in a Commercial Purpose Art Commission Agreement prior to Start of Work.
Commercial Purpose Art Commission Contract: A Commission Agreement developed specifically for Commercial Purpose Art Commissions. A Commercial Purpose Aty Commission Agreement requires separate Terms of Service, developed on a case-by-case basis.
Terms and Conditions
- The Artist has the right to refuse any Commission request, without needing to explain the reason.
- The Artist reserves the right to stop work on a Commission, or cancel a Commission request due to rude/inappropriate behavior, an inability to effectively communicate in the English language, or a breach of these Terms of Service on behalf of the Client.
- 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.
- 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.
- 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.); or as it applies to new Terms of Service agreed upon in a Commercial Purpose Commission Agreement as defined in the Definitions section herein.
- The Client must specify the content of their Commission to the best of their ability prior to a Commission Agreement. A complex Commission may incur additional fees, to be defined and agreed upon in the Custom Art Commission Contract prior to Start of Work.
- The Client must specify the desired size of the Commission, regardless of whether the Commission is completed digitally or traditionally. A large display size may incur additional fees, to be defined and agreed upon in the Custom Art Commission Contract prior to Start of Work.
- The Client must specify the desired type of the canvas (stretched cotton, linen, or other types of surfaces). The Client may choose standard depth of the canvas (3/4″ Classic Canvas) or deep edge (1-1/2″ Profile Canvas). Standard price includes traditional cotton canvas with medium texture. At additional cost, Client may also choose linen canvas, premium quality canvas, deep edge canvas, and/or other materials.
- If the Commission is time-sensitive, i.e. the deadline is within 14 days from Start of Work, a rush fee may be applied, to be defined and agreed upon in the Custom Art Commission Contract prior to Start of Work.
- If the Commission is defined as confidential in the Custom Art Commission Contract, the Artist will temporarily delay public display of the image at the request of the Client and as defined in the Custom Art Commission Contract until such time the Commission Contract specifies public display is permitted. The Client may request the Artist to complete a Fully Confidential Commission which is not to be publicly displayed for an additional fee, as specified in the Contract.
- The Client may not distribute, reproduce, or otherwise profit from the Commission, beyond the resale of the original, [traditional art] Commission, or as it applies to new Terms of Service agreed upon in a Commercial Purpose Art Commission Contract as defined in the Definitions section herein.
- The Client may display the Commission in Profiles as long as the Artist’s name (“Tania Rouser”) is prominently displayed along with a link to taniarouser.com.
- Digital Art Commissions will be provided to the Client via email or an online download location in .jpeg format; this does not include the Commission native files (e.g., .psd, .tif, etc.), unless agreed upon in the Custom Art Commission Contract, or thereafter, the Client obtains written permission from the Artist.
- If the Commission is for Commercial Purpose, the Artist must be notified prior to the Start of Work. Commercial use of the Commission will be decided on a case-by-case basis. New Terms of Service must be written and agreed upon in a Commercial Purpose Art Commission Contract before Start of Work.
- The Client may request a preview of the Commission at any time during the creation process, and request up to five changes to the Commission after Start of Work.
- The Client may incorporate the Commission in another work of art (or another Artist’s Commission) as delineated in the Commercial Purpose Art Commission Contract.
- Refunds may only be issued if prior to Start of Work there exists a case of emergency or natural disaster.
- The Artist has the right to pursue damages under United States Copyright Law, should there exist a violation of the Copyright Law.
Required Client Information
- Email Address: The Client is encouraged to contact the Artist via email (email@example.com) or by pressing “Request a Commission”.
- Phone Number (Optional): The Artist will not call the Client unless there is a conflict in schedule, payment, or a breach in the Terms of Service.
- Other Forms of Communication: The Client may request a different form of communication (e.g., phone call, Skype, Zoom, Whatsapp, Facebook Messenger, 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 Contract 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: Please refer to Term 3, Term 4, Terms 6-11, and 15 for guidance.
All personal information provided by the Client, including names, numbers, all communication in any form, is strictly confidential and will not be disclosed by the Artist, unless the client agrees to state otherwise.
Payment: The Artist requires a 35% payment of the Commission price up front before Start of Work, unless otherwise agreed upon in the Custom Art Commission Contract.
Currency: 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.
Method: The Artist’s preferred method of payment is via COD (United States Postal Service ‘cash on delivery’) or PayPal addressed to firstname.lastname@example.org.
For Clients without PayPal: other payment methods can be made available upon request.
Cancellation: Please refer to Term 17 for refund policy.
The Client must read and understand these terms before entering into a Custom Art Commission Contract with the Artist. Once the Client enters into a Commission Contract with the Artist, it is assumed the Client has agreed to all Terms and Conditions.