Adopts & Commissions

Terms of Service

Warning

These terms of service may be subject to change at any time and without prior notice. By ordering a commission from me, IchigoWhiskey, you (the client) affirm to have read and agree to be legally bound by the following Terms of Service listed below.

General Information

This page will explain the artist's terms for those wanting to commission them. Questions are always accepted if something is not clear, but otherwise, the terms below are mostly non-negotiable.

The artist and the client both have a right to refuse or cancel the commission for whatever reason, with or without explanation. Please see the Refunds section below for further information.
The Artist has a right to upload the commission on any/all social media unless specified by the client beforehand to keep the commission private.
Payment is to be made after the client has approved the sketch. The sketch will be resized and watermarked. The commission will be on an "on hold" status until payment has been received.
The artist works on a "first come first serve" basis, with the exception being expedited orders.
Pin-up commissions may only be ordered by a client 18 years of age or older. If the artist has any reason to suspect the client is underage while asking for an pin-up commission, the commission will be automatically rejected and/or cancelled.

Adoptables & Custom Designs

By owning a design created by me, user IchigoWhiskey ("the Designer"), you ("the Owner") affirm to have read and agree to be legally bound by the following Terms of Use listed below.
Failure to abide by the Terms of Use may result in a blacklist and/ or a public service announcement.

Please note that Terms of Use may be subject to change without prior notice.
These Terms of Use are in effect and up to date as of MAR 04, 2024.

These Terms of Use only apply upon the Owner's new ownership of a design.
Any changes made to the Terms of Use after an Owner has claimed ownership to a design will not apply to said design.

The Owner may make minor edits to the original design's artwork and major edits to new art / redesigns.
The Owner may regift the design.
The Owner may retrade the design only if the design was obtained via trade and/ or sale.
1. If the Owner obtained the design as a gift/ for free, the design cannot be retraded unless additional value (i.e. trades, commissions, personal art) has been added to the character's gallery. This includes "freebie swaps."
  1. Free/ Gifted art (i.e. art received in which the Owner did not give anything in exchange) does not count as additional value.
The Owner may resell the design for the same price as bought.
1. The Owner may not resell the design for a higher price than bought unless additional value (i.e. trades, commissions, personal art) has been added to the character's gallery.
  1. Free/ Gifted art (i.e. art received in which the Owner did not give anything in exchange) does not count as additional value.
The Owner may use the design for personal/ non-commerical use.
The Owner may use the design for commercial use only if discussed with the Designer beforehand.
The Owner may not claim the original design as their own.
The Owner may not claim the original artwork as their own.
The Owner may make both major and minor edits to the original artwork.
If uploading the original artwork off-site, credit to the Designer (Avistella) must be provided.
The Designer only claims ownership of the original design concept/ execution. The Designer does not claim ownership to any redesigns and/ or the character / associated character of the design.
The Designer acknowledges that once a design is owned by the Owner, the design / character no longer belongs to the Designer.
1. The Designer may not "claim back" a design.
2. The Designer may offer to trade and/ or buy the design back, to which the Owner maintains the right to refuse, with or without explanation.

On AI "Art" and Usage with it in my art

Regarding AI: Breeching any of this section will result in a break of the contract and thus the termination of all business with the client.

Taking my art for usage in an AI generation program.
Using a sketch the artist has provided to generate a "finished" version of the piece
Attempting to mimic my art with an AI program

Things I Am Comfortable Drawing

Human / Very Human-Like
Humanoid
- Kemonomimi
- Anthro (Furries, Scalies, etc.)
- Fantasy Races (Gnomes, Dwarves, Goblins, etc)
Various Characters
- Canon (canon characters in media)
- Original (characters from a property you own, standalone, etc.)
- Fanmade
- Sonas (VTubers, video personalities, etc.)
Various Designs
- Modern
- Fantasy
- Food Themed
- Xianxia / Wuxia
- Alien / Monster
- Kemono / Anthro

Weaponry (Blades, firearms, etc.)
NSFW
- Light Gore (Blood, detatched limbs, etc.)
- Pin-Ups (Characters in suggestive poses / clothing)
- Explicit NSFW
- Fetish Art ( ask )
Character Age Ranges
- Young Adults (20-39 years old)
- Older Adults (40 years old-elderly)
Pairings
- Any sexuality (MxF, MxM/FxF, bi/pan, ace/aro)
- Any type (Canon x Canon, Canon x OC/FC, OC x OC, etc.)
- Any number (Monogamous, polyamourous, etc.)
- Any age gap (But all parties MUST both appear and actually be 18+)

Things I Am NOT Comfortable Drawing

Uncomfortable (But Willing to Try)
- Sci-Fi / Future
- Intricate Armor

Hard No's
- Pedophilic relations (Any sexual/"romantic" adult/minor relationship)
- Sexualized underage characters (This applies for both characters who look significantly younger than stated and actual minors)
- Vore, Extreme Inflation, Pregnancy, Infantilism, Emeto, Scat, Watersports

Payment For The Artist

Payment will be done via a Paypal invoice sent to an email that the client provides when they commission me.

Paypal is preferred, but other methods of payment may be available upon request.

Invoices will be sent once the client's sketch has been approved.

Revisions

Alterations during the sketch phase may be accommodated within reason without incurring additional fees. Please ensure clear communication regarding your expectations for the artwork. Major changes due to indeciveness or lack of clarity will incur additional fees.

Furthermore, failure to inform the artist of a wanted alteration after the sketch has been confirmed will also result in similar additional fees. This is to prevent the issue of a commission being completed only for the client to make a number of requests to change the artwork after it is already complete. However, the fee will depend on how much of a problem this causes.

In regards to closed species customs, revision fees will not be applied for moderator mandated revisions. Please provide a screenshot of moderator comments regarding revisions.

Minor Changes:
- 10% of Total Commission per revision.

Major Changes:
- 20% of Total Commission per revision.

Refunds

All commissions are final - refunds will not be accepted.

Early Termination

Should the artist or the client choose to terminate the commission due to incompatibility in communication or extraneous reasons, the artist may refund up to half of the commission - dependent on the commission's progress. Note that use of abusive or rude language against the artist is grounds for immediate termination of the contract.

Lineart Stage: 50% of cost
Flat Colors Stage: 25% of cost
Shading Stage: 5% of cost

Client side terminations will not receive any files related to the commission if a refund is given. Refunds will be given within 72 hours after correspondence.

The Client will not be refunded if they are unsatisfied with the commission after its completion.

Delivery of Completed Art

Completed artworks will only be available in digital format and sent to the client in a high res .png file format over Discord or other file sharing service upon request (Google Drive, email, etc.) Watermarks or Masterlist arrangements may be available upon request.

Image Rights

Since the client has commissioned art from me, you hold a certain amount of rights after its completion. However, with this there are also a few restrictions and caveats that must be made known as well. These restrictions must be adhered to regardless of the commission's subject and price.

Rights:
- The client may make minor edits to the completed commission, such as using them for icons and promotional banners.
- The client may use/reupload the commission for personal/non-commercial use, but only if proper credit to the Artist and a link back to any of the Artist's social media is provided.
- The client may use the art however they see fit otherwise, so long as it does not interfere with the restrictions below.

Restrictions:
- Credit must be given to the artist at all times, the client cannot claim the art as their own even with minor edits made.
- No major alterations - such as drawing over the commission - are allowed.
- The art cannot be used for commercial use (such as stickers) unless a contract is made beforehand. This is to protect both parties from legality issues.
- Commissions for commercial use will be charged more than personal/ non-commercial commissions, generally at a 200% rate. If the commission includes characters that do not belong the Client, the Client can not use the commission for commercial use unless explicitly written permission from the owner(s)/ creator(s) of said characters is provided.

Commission Process

Sketch Phase (First Check-In): the artist will provide the client with a sketch for approval. Further progress will not be made until the invoice is paid.
- Revisions will generally be accepted during this phase without incurring additional fees.
Flats (Second Check-In): base colors will be applied. Note the colors may be subject to change after shading and post-processing has been applied.
Final Check: rendering and post processing has been applied.

Commissions will be started in the order that they begin, with chibis taking the shortest amount of time (1-2 Weeks) and Customs taking the longest amount of time (1-3 Weeks). Turnaround times are subject to change, dependent on where the commissioner is in the art queue. Note that slow communication will also delay the expected delivery time.

Once the sketch is confirmed, an invoice will be sent to the commissioner. Once paid, the artist will continue to work on the commission and check in regularly with the client for feedback.

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