If you have a problem with any of these terms, they may be changed if discussed with me prior to paying for your commissioned piece.

Effective Date: [Insert Date]

1. Definitions

For the purposes of this Agreement:

• Artist refers to CJKKJH [Catheryn Kim], the individual providing commissioned artwork services.

• Client refers to the individual or entity commissioning artwork from the Artist.

• Commissioned Work refers to the artwork, illustration, or design requested by the Client and agreed upon in writing.

• WIP or Work-in-Progress refers to intermediate versions of the Commissioned Work shared with the Client for review.

• Final Artwork refers to the completed Commissioned Work delivered to the Client in the agreed format(s).

2. Contract Formation and Acceptance

• The Client and Artist must both sign the Art Commission Contract Agreement before the commission process begins.

• This Agreement, together with the Commission Contract Agreement, constitutes the entire understanding between the parties regarding the commissioned work.

• By signing the contract and/or making payment, the Client agrees to these Terms and Conditions in full.

3. Commission Initiation and Payment

• The Client shall pay a non-refundable initial deposit of 50% of the total agreed commission price within 10 business days of contract signing and receipt of invoice.

• The Artist shall not commence work until the initial deposit is received.

• If payment is not received within the stipulated time, this Agreement may be deemed terminated automatically, and the Client must request a new agreement to proceed.

• The remaining balance is due within 10 business days after the Client’s final approval of the artwork.

• Acceptable payment methods include PayPal, Venmo, US bank transfer, and major credit/debit cards.

• All payments shall be made in United States Dollars (USD).

• For commissions involving physical shipment, the full balance must be paid prior to shipment.

• Late payments shall incur a 10% weekly interest penalty on the outstanding balance, compounded weekly, starting from the payment due date.

• The Client agrees to reimburse the Artist for all reasonable costs incurred to recover unpaid fees, including attorney fees and court costs.

4. Commission Scope and Process

• The Artist shall provide the Client with:

• A project guideline describing the scope and specifications of the commission.

• An invoice and the Art Commission Contract Agreement.

• Upon payment of the initial deposit, the Artist will begin the commission and notify the Client.

• The Client agrees that the Artist has full creative control within the agreed scope, subject to reasonable Client feedback and revision limits.

• The Artist will provide up to 3 rounds of revisions during the development process; additional revisions or scope changes may be subject to additional fees.

• Revisions must be requested in writing within 7 calendar days of delivery of WIP or final artwork. Failure to provide timely revision requests shall be deemed acceptance.

• WIP images are typically watermarked and lower resolution, provided for review purposes only.

• The Artist is not responsible for delays caused by Client’s failure to provide timely feedback or approvals.

• Estimated delivery timelines are as follows:

• Digital Art: 1 week to 4 months.

• Traditional Art: 1 week to 6 months.

• The Artist shall communicate promptly regarding any material changes to the delivery schedule.

5. Delivery and Shipping

• Digital commissions will be delivered via electronic file transfer in the agreed file formats and resolutions. No physical product will be provided unless specified.

• For traditional artwork, the Client may select

• Digital delivery only: high-resolution scan or photograph of the artwork.

• Physical delivery: shipment of the original artwork, with an additional shipping fee invoiced.

• Physical shipments will include tracking, insurance, and require signature upon delivery where applicable.

• The Artist is not liable for loss, damage, customs fees, duties, taxes, or delays incurred during shipping once the artwork has been shipped.

• The Client must provide accurate and complete shipping information.

• The Artist will hold completed physical artwork for a maximum of 30 days after full payment; thereafter, storage fees may apply or the artwork may be considered abandoned.

6. Revisions

• The Client is entitled to three (3) rounds of revisions included in the commission price.

• Revisions refer to reasonable adjustments within the agreed scope. Major alterations, additions, or conceptual changes may incur additional fees.

• Revisions may not be requested during the final finishing stage unless previously agreed in writing.

• Revision requests must be submitted within 7 calendar days of receiving the WIP or final artwork; otherwise, the artwork shall be considered approved.

7. Cancellation and Kill Fee

• The Client may not cancel or terminate the Agreement once the Artist has commenced work.

• If the Client terminates prior to delivery:

• If work has started or is partially completed, the initial deposit is non-refundable. The Client shall not receive any rights to the unfinished work.

• If work has been completed, the Client shall pay the full fee, and may elect to receive the final work.

• If the Artist must cancel the commission for any reason, the Client will receive a full refund of all payments made.

• Refunds will be processed directly by the Artist; Client shall not initiate chargebacks. Unauthorized chargebacks may result in legal action, forfeiture of rights, and banning from future commissions.

8. Copyright and Intellectual Property Rights

• The Artist retains all copyrights and moral rights to the Commissioned Work, including the right to reproduce, display, and distribute for promotional and commercial purposes.

• The Client is granted a non-exclusive, non-transferable license to use the artwork for personal, non-commercial purposes, including social media sharing with credit.

• The Client may print the artwork for personal use but may not sell, reproduce, distribute, alter, or commercially exploit the artwork without explicit written consent from the Artist.

• Removal or alteration of the Artist’s signature or watermark is strictly prohibited.

• Requests for commercial rights or exclusive licenses must be negotiated separately and are subject to royalties and additional fees.

• Moral rights, including attribution and integrity of the artwork, are reserved by the Artist under applicable Utah and U.S. law.

9. Customer Satisfaction and Modifications

• The Artist will make commercially reasonable efforts to meet the Client’s expectations.

• Any requests for modifications to these Terms must be made prior to commencement of the commission.

• Special requests such as exclusivity, non-disclosure, or restrictions on sharing require written agreement.

10. Non-Exclusivity and Independent Contractor Status

• This Agreement does not create an exclusive relationship. Both parties remain free to enter into agreements with third parties.

• The Artist is an independent contractor and is not an employee, agent, or legal representative of the Client.

• Breach of these Terms may result in loss of rights and legal remedies as appropriate.

11. Confidentiality

• Both parties agree to keep all confidential information exchanged in connection with the commission private and shall not disclose such information without prior consent, except as required by law.

12. Dispute Resolution and Governing Law

• Any disputes shall be resolved first through good-faith negotiation between parties.

• If unresolved, disputes will be subject to mediation before any legal proceedings.

• This Agreement shall be governed by the laws of the State of Utah.

• Any legal action must be brought in courts located in Utah County, Utah.

13. Force Majeure

• Neither party shall be liable for delays or failures caused by events beyond reasonable control, including natural disasters, acts of God, illness, government restrictions, or other emergencies.

14. Severability and Entire Agreement

• If any provision is found invalid or unenforceable, the remainder shall continue in full force.

• This Agreement constitutes the entire agreement and supersedes all prior agreements or understandings, written or oral.

• Amendments or modifications must be in writing and signed by both parties.

15. Changes to Terms

• The Artist reserves the right to update these Terms and Conditions at any time.

• Clients will be notified of material changes prior to contract acceptance for future commissions

By signing the Art Commission Contract Agreement and/or submitting payment, the Client acknowledges and agrees to all terms stated herein.

If the client breaks any of the points stated above they will lose all the before mentioned rights to the artwork commissioned by me, CJKKJH [Catheryn Kim] (the artist), and I will have the right to profit further from the commissioned artwork in any way I see fit. If you have a problem with any of these statements, they may be changed if discussed with me prior to paying your commissioned piece.

Please be aware that all Terms and Conditions of Service are subjected to change at any time.