Cascade Crisis Terms of Service

  • By commissioning the Artist you agree to these terms and conditions.

  • The Artist reserves the right to decline a commission.

  • Any commission concepts based on copyrighted materials need to be made known upon requesting the commission.

  • The Artist does not participate in “Non-Fungible Tokens” also known as NFTs.

  • The Artist does not consent to any work being used to train generative AI systems.

  • All prices listed under my Commissions page/form are starting prices. The final prices are based on the complexity and difficulty of each individual piece.

  • Commercial work is subject to additional commercial license fees.

I. Scope of Work Commissioned

Artist and Commissioner expressly agree that the artwork to be created by Artist pursuant to Commissioner’s specifications shall be agreed upon through the Cascade Crisis commission form and further discussion in writing. Any revisions after the initial Agreement need to be agreed upon in writing and may constitute additional fees. If revisions are not agreed upon, the original Commission Agreement is still in effect. The Artist reserves the right to refuse any revisions.

II. Deadlines and Completion

Upon receipt of Commissioner’s specifications pursuant to Section I, which Commissioner agrees are true and complete at the time of execution of the Agreement, Artist agrees to complete the Work consequent to the agreed deadline.

III. Rights Transferred

  • Non-Commercial / Personal Use

Artist owns and retains rights to publish the artwork (and all process works related to the project) in print and online unless otherwise specified at the time of agreement in writing.

Commissioner is allowed personal usage rights. This means no mass production, alterations, or use of the artwork commercially, nor removal of Artist’s signature.

Commissioner may share and post artwork online but must properly credit and tag Artist in posts.

  • Commercial

Artist and Commissioner agree that the following rights shall be transferred from Artist to Commissioner upon receipt of full payment.

Commissioner agrees that Artist retains exclusive rights to all Preliminary work unless otherwise specified and compensated.

Artist agrees to the perpetual non-exclusive license of all rights (including, but not limited to, modify, transmit, transfer, sell, and create derivative works) to Work to Commissioner, excluding only the right to display Work in Artist promotional material, such as promotional art books and process footage for Artist’s YouTube channel and social media platforms (following any initial Commissioner set publishing dates of Work), and the right to authorship credit, which is retained by Artist.

  • Non-Fungible Tokens (NFTs)

Commissioner is not permitted, under any circumstances, to use any part of the commissioned artwork for Non-Fungible Tokens. Use of the artwork for any advertising or profits associated with Non-Fungible Tokens or cryptocurrency is strictly prohibited.

  • Generative AI

The Artist does not consent to any work, preliminary or finished, being used to train generative AI systems. Use of any of the Artist’s work to train generative AI systems is strictly prohibited.

  • Copyright Infringement

The commissioner agrees to inform the artist of any concepts derived from copyrighted materials, as these will need to be changed enough to avoid legal actions. The Commissioner accepts all legal risks including, but not limited to, compensation for lost sales and legal fees.

IV. Compensation

The Commissioner shall pay Artist a total flat fee, in USD, as total compensation for the project agreed upon. Payment shall be made as follows:

  • 50% at start of work as down payment.

  • 50% when final work is completed. (Artist will send Commissioner proof of finished work, Commissioner will then make final payment before delivery.)

Additional fees will be charged for revisions that are not due to any fault on the part of the Artist made, and for revisions reflecting a new direction to the assignment, or new conceptual input. The Artist reserves the right to refuse any revisions.

V. Termination/Kill Fee

Verbal abuse and/or physical violence or threat of violence by the Commissioner to the Artist will not be tolerated. Any threatening physical action, verbal threat, or abusive language by the Commissioner will result in immediate termination of this Agreement and its Exhibits. Any reference to or presentation of weapons or firearms will be considered a physical threat.

Commissioner may terminate this Agreement at any time by sending written notice thereof to Artist, by email, to (cascadecrisis@gmail.com). Upon such termination, Commissioner agrees to compensate Artist as follows:

(1) Partial Completion. If Artist has partially completed the Work, Commissioner agrees to compensate Artist at twenty percent (20%) of the total compensation as an addition to the initial (50%) down payment. If this Agreement is terminated by Commissioner after Partial Completion by Artist, Artist shall retain ownership of all rights of copyright and the original artwork, including but not limited to completed artwork, sketches, and comps.

(2) Full Completion. If Artist has completed the finished artwork at the time of cancellation, Commissioner agrees to compensate Artist in full as otherwise provided in this Agreement.

VI. Non-Payment; Remedies

Any delinquent payments due shall bear interest at the highest applicable statutory rate in any jurisdiction in which the Agreement is made. If no such statutory rate applies, payment delinquencies shall bear interest at a rate of two and one-half percent (2.5%) per month. Commissioner agrees that it shall bear responsibility for any fees incurred by Artist in enforcing this Agreement, including but not limited to attorneys’ fees and court costs.

VII. Artist's Right to Authorship Credit

Artist may use Work in Artist's portfolio (including, but not limited to, any website that displays Artist's works), as well as promotional material, such as promotional art books and process footage for Artist’s YouTube channel and social media platforms (following any initial Commissioner set publishing dates of Work). When asked, Commissioner must properly identify Artist as the creator of Work. Commissioner does not have a proactive duty to display Artist's name together with Work, but Commissioner may not seek to mislead others that Work was created by anyone other than Artist.

VIII. Severability; Integration

Commissioner and Artist agree that this Agreement shall not be amended except by a writing executed by both parties, and expressly state that this writing shall constitute a complete expression of the entire agreement between the parties and that no additional terms exist that are not included herein. To the extent any provision contained in this Agreement shall be found to be void, invalid, or otherwise unenforceable in any way, such invalidity shall not affect the remainder of this Agreement, which shall remain in full force and effect.

IX. Unauthorized Use by Commissioner; Indemnity

Commissioner agrees to indemnify Artist against any and all claims and expenses, including but not limited to attorneys’ fees and costs, incurred as a result of Commissioner’s unauthorized use of the Work under this Agreement, including the enforcement of this Agreement by Artist.

X. Warranty of Originality

The Artist represents and warrants to Commissioner that, to the best of Artist’s knowledge and belief, the Work assigned by this Agreement is original and has not been previously published or licensed to any third party. This warranty shall not extend to any unauthorized or undisclosed use of the Work by Commissioner which may infringe upon the rights of any other person. Commissioner agrees that it shall hold Artist harmless for any claim or liability caused by Commissioner’s use of Artist’s product to the extent such use infringes upon the rights of any other person.

No AI image generation is involved in any part of my process. All work is human made.

XI. Release of Liability

Commissioner agrees that it shall not hold Artist or any agent thereof liable for any damages arising from Artist’s failure to complete the Work in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Artist or of any third party.