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Com Artists! Make sure you have a ToS!
8 years ago
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DeviantArt I'm currently reading things that deal with ToS stuff, and the better way to write them, and how all artists who do commissions should have one.
So from what I learned I'll share what you should have in your ToS:
-refund policy ("no refunds" is actually not allowed (illegal) but you should mention when you'd give a refund and if you'll need to keep some of the money if you already started but the patron canceled, and so on
-your process (if you show wips and when you do. It's also highly encouraged to show wips, at least for pieces that are $20+, unless it's a special commission type (like my trust-me commissions))
-what the client can and can't do with the piece (posting it, use for personal reasons, selling, editing, ect.)
-payment details (if you require up front money, or after sketch or after it's finished, and what kind of payment you accept)
-a form to fill out (makes it easier for a patron to know what you need!)
-make the ToS professional and don't put any emotion into it
-a "will draw" and "won't draw" list, though the "won't draw" is more needed than "will draw"
-fee charges for changes (how many free changes they get compared to fees)
For now this is what I could think of.
One thing I learned is to not simply put "I have the right to cancel a commission at any time." You'll also want to mention that you'll give a full refund for it, since you were the one to cancel. Otherwise patrons could be nervous, as some artists won't give refunds if they cancel (which is stealing if you keep the money but don't deliver the work).
I just updated my own ToS here: http://shortycommissions.weebly.com.....d-contact.html
I completely updated the "wait times" section to make it sound way less scary/intimidating.
I also updated the thing that said I had the right to sell prints of your commission. That specific line I copied from a different ToS, but it honestly sits wrongly with me. I'd feel way too weird selling print work that's of someone's character. I did add, however, that I'd ask if I could use the commission I made for you in a book... like if I started doing art books that I see others do. But I won't add art that someone doesn't want me to use. I feel that's the fairest way to go about it!
You're free to go by how I did my ToS if you like, or if you have a little crit of how I did my ToS feel free to tell me as well!
Further, here's a page of people talking about ToS stuff: http://artists-beware.livejournal.com/545797.html
It's very helpful!
So from what I learned I'll share what you should have in your ToS:
-refund policy ("no refunds" is actually not allowed (illegal) but you should mention when you'd give a refund and if you'll need to keep some of the money if you already started but the patron canceled, and so on
-your process (if you show wips and when you do. It's also highly encouraged to show wips, at least for pieces that are $20+, unless it's a special commission type (like my trust-me commissions))
-what the client can and can't do with the piece (posting it, use for personal reasons, selling, editing, ect.)
-payment details (if you require up front money, or after sketch or after it's finished, and what kind of payment you accept)
-a form to fill out (makes it easier for a patron to know what you need!)
-make the ToS professional and don't put any emotion into it
-a "will draw" and "won't draw" list, though the "won't draw" is more needed than "will draw"
-fee charges for changes (how many free changes they get compared to fees)
For now this is what I could think of.
One thing I learned is to not simply put "I have the right to cancel a commission at any time." You'll also want to mention that you'll give a full refund for it, since you were the one to cancel. Otherwise patrons could be nervous, as some artists won't give refunds if they cancel (which is stealing if you keep the money but don't deliver the work).
I just updated my own ToS here: http://shortycommissions.weebly.com.....d-contact.html
I completely updated the "wait times" section to make it sound way less scary/intimidating.
I also updated the thing that said I had the right to sell prints of your commission. That specific line I copied from a different ToS, but it honestly sits wrongly with me. I'd feel way too weird selling print work that's of someone's character. I did add, however, that I'd ask if I could use the commission I made for you in a book... like if I started doing art books that I see others do. But I won't add art that someone doesn't want me to use. I feel that's the fairest way to go about it!
You're free to go by how I did my ToS if you like, or if you have a little crit of how I did my ToS feel free to tell me as well!
Further, here's a page of people talking about ToS stuff: http://artists-beware.livejournal.com/545797.html
It's very helpful!
Also so many good pointers in this journal!
I try to offer refunds depending on how much work is completed and on the situation, depends what happens / why they've canceled or if I've been forced to cause of life etc. The one issue i've had is people just not reading them and then they question about stuff which is always answered in the TOS ._.
and that is the patron's fault if they didn't read. :v reaaaad the ToS, people! ahhh
Yeah it's maddening not have people read them, especially cause I have a little basic form for people to fill out so all the information I need is in the first email, along with all the links to their reference images. I had one client who pretty much took the cake for not paying any attention and making the whole situation so difficult it was like a client's-from-hell type story. And It was only for a sketch too which made it even more baffling for me? If the fellow had read the TOS things would of gone so, so much smoother and I wouldn't of been tearing my hair out.