Commission Process - Terms & Agreements
This section details the Commission Process & details the legal terms and conditions of all commission (unless otherwise negotiated).
Availability
I am availabile for personal commissions from March 2008. Sometimes there is a waiting list, at other times I'm available to start straight away.
Exceptions
I have the right to refuse any commission for any reason. Although I will paint most things, I will not paint pornographic or explicit subject matter including extreme horror, explicit violence or imagery with a 'hate' or prejudicial theme. For copyright reasons I will not paint fan art - i.e. artwork based on famous people, trademarked or copyrighted images/ comic book characters/ movie characters and so forth. This is mainly for my protection as an artist - I have no wish to be sued in court!
However, I love painting characters created based upon RPG works. For example I will paint a portrait of an original character that you created or are allowed to use that exists within an RPG worlds such as Star Wars RPG/ Dungeons & Dragon/ Vampire/ Werewolf/ D20/ Everquest/ Neverwinter Nights/ et all.
i.e 
This is my own character based on Star Wars computer games. "Star Wars"
and related elements are © Lucasfilm Ltd
I also prefer not to do design work. I'm an artist/ illustrator ... my talents sadly do not lie in design work.
The Paperwork:
As a standard process I use email as the basis for communication. I
will send you an 'invoice/ contract' upon accepting a commission which details
the costs involved, what I will be producing for you (media, size, usage rights)
and an approximate timeline. You do not need to sign anything, but it is understood
that you have read & understood the terms & conditions detailed on this
page and payment is accepted on this basis.
Payment:
I require 50% of the payment up front which is non-refundable for items over $60 on accepting a commission. Items under $60 require full up front payment which is non-refundable. Full refunds are only available if I am unable to keep the commitment. This covers initial outlays such as materials, research & referencing.
The final payment is required on approval of the initial sketch/ colour concepts. The final payment must be received and fully cleared before I start work on the actual piece.
Additional costs may be incurred if the client changes their mind after approval of the initial sketch or requires a major repaint.
Timeline:
Commissions may take anywhere between a week and 8 weeks depending on complexity of the image, and commission availability (this is from the time I start your commission. Waiting periods can be serveral weeks). The client will be advised during the initial contact stage of approximate date of completion. If artwork is required within a certain time limit this must be stated up front.
Copyright:
I retain all copyright of the image, even if it is a physical piece of art, and unless negotiated retain the rights to display it on my web site & associated web sites for self-promotional purposes. I do NOT retain the character/ character description copyright and am happy to display this kind of notification with the image. I retain all printing & publishing rights (unless otherwise negotiated) and the piece commissioned may only be used for personal display by the client unless negotiated.
Prices:
Prices vary according to purpose of commissioned piece, media, and size. Please visit the following two links for current price lists:
Commission Process
Step 1: Concept Sketch:
On accepting a commission and receiving payment, discussions occur between myself and the client on the details of the piece. I research & gather references, creating various concept sketches. Depending on the complexity of the image, thumbnail sketches may be used to work out composition of the image. A finalised concept sketch/ line work is sent to the client watermarked and in a low resolution file for approval. The finalised concept sketch varies between detailed linework and a 'rough' greyscale tonal image as Nicole deems necessary. It is not meant to be a 'polished' piece of work at this stage.
Between 1 and 4 minor changes are permitted and these must be within the agreed upon character description.
For watercolours and traditional pieces a colour concept will be provided as watercolours are exceedingly difficult to change after they've been painted.
The client has the opportunity at this stage to make suggestions about costume, weaponry, facial features, hairstyle, and background - within the agreed upon character description. However, if the client changes their mind deciding that they want an elf princess instead of a male human archer after the initial sketch is done I'm afraid that's the same as asking for a new painting and I'll ask for another payment.
Step 2: The Painting Process:
After approval of the concept sketch/ colour proof and receipt of the rest of the payment, I will begin to 'paint'. Colour scheme and textures are worked out roughly as a part of the concept sketch stage, however these may be modified to suit the tone of the piece if it is a digital piece.
Traditional pieces such as watercolour are exceedingly difficult to repaint and therefore it is unlikely that changes will be made after the concept sketch & colour proof are approved.
Once the piece is completed a low-res, heavily watermarked .jpg file is sent to the client for approval or minor touch-ups. I attempt to provide updates on the image during the process. These are generally to keep the client informed, or ask for additional input. On approval the image is made available to the client via email, one-off download or sent via mail.
Repaints vs. Minor Touch-Ups:
As I require a very detailed description to begin with which includes pose, background, features, costume design and so forth all design issues and details are worked out before the client receives the finished piece. Minor changes mean small colour alterations, refinement of the piece, and so forth- changes that are not exceedingly difficult for the media. You can't repaint a watercolour successfully, so if the client decides that they want an orange sky after approving the sketch which asked for a blue sky then the answer will be a polite 'no'.
As well, facial features will not be repainted unless the issue is minor - for example lips need to be redder or the eyebrows need to be thicker. When you start changing the bone structure you have to repaint the whole face and this is one of the most time-consuming aspects of a character portrait. I will try to provide work-in-progress files so that changes are minimal.
If a major repaint is required, an additional fee of US$50 is required. This is negotiated between the client and myself. If an agreement cannot be met the client forfeits any rights to the painting. The client is not entitled to a refund.
Step 3: Receiving the Artwork:
After the client approves the final image, the hi-res file/ disk/ print/ original is sent to the client. All items (except digital files) are insured for shipping purposes. I do not give refunds unless there are exceptional circumstances.
Kill Fee:
The initial payment is non-refundable unless there are exceptional circumstances. This covers research, initial sketches and other initial expenses. If I have started to paint the image and you no longer require the artwork (after the approval of the sketch) refunds are not available.
Forfeited works:
If the clients withdraws from the process at any stage, I retain the rights to the painting/ sketch. This includes non payment within a reasonable time period (up to 6 months) I may choose to complete the piece and display it, sell prints off it, sell it to another client or use it in anyway I see fit.