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SECTION I – Definitions

Artist:

The individual producing the Commission. Any reference to “We” “Us” “I” “Me” or “Our” is in reference to the Artist. The artist is Carmen “Rain” E. Schwierking and they work under the studio name Caramel Comics.

Client:

The individual purchasing the Commission. Any reference to “You” or “Your” is in reference to the Client.

Commission:

The form of service provided by the Artist to the Client per the Commission Agreement. “Commission,” “Art[work],” “Image[ry],” and “Project[s]” are used interchangeably herein and in Commission correspondence.

Commission Agreement:

The discussion, documented via email, other digital communication applications (ex. Telegram or Discord), or in-person agreement form, in which the Artist and Client agree to the subject matter and type of Commission to be produced, the Commission price, the point in time in which the Artist is expected to commence in Start of Work, and – if applicable – the Commission deadline, early termination circumstances, rush fees, and/or whether or not the Commission can be immediately displayed in the Artist’s portfolio. This Commission Agreement shall remain on record with the Artist, along with any other documents related to the Commission, for at least one year.

Start of Work:

The point in time by which the Client has approved the Artist to start work on the Commission. The Start of Work will be determined by the Artist.

Sketch:

A part of the commission creation process where the Client’s idea is outlined by the Artist. Major changes may be requested at this stage only.

Profile(s):

Online locations where the Commission may be displayed (e.g., “galleries,” such as https://caramelcomics.com or social media image galleries such as Twitter.com). “Profile(s)” do not include any sites that display hateful imagery, illegal activities, or sites known to display, reproduce, and/or sell works without crediting the Artist. Also included in banned sites are any using, promoting, selling, or using NFTs, Cryptocurrency projects, or AI art projects/engines. Additionally, no Commission may be displayed without notifying the Artist first, or as agreed upon in the Commission Agreement.

Personal Space:

Non-public, offline locations (e.g., home or office); i.e., no business involving the Commission is being conducted.

Public Space:

Offline locations that do not fall under “Personal Space” above.

Commercial Purpose:

Any image or project to be commissioned by the Client for profit for the Client. These do not fall under the type of use specified in these Terms of Service. New Terms of Service shall be developed and agreed upon in a Commercial Purpose Commission Agreement prior to Start of Work.

Commercial Purpose Commission Agreement:

A Commission Agreement developed specifically for Commercial Purpose Commissions. A Commercial Purpose Commission Agreement requires separate Terms of Service, developed on a case-by-case basis.

SECTION II – Terms of Service Summary

• Commissions online can be paid through PayPal Invoice, Square Invoice, or Ko-fi Commission forms.
• Commissions in-person can be paid-in-full with cash.
• Commissioner can re-upload the image with credits given to us in the form of a direct link to our original post or gallery.
• Artwork cannot be used commercially, or claimed as your own.
• Artwork cannot be used for NFTs/Cryptocurrency/AI art projects.
• Request information from us about work done for charity.
• Artwork will not be done for free as a general rule.
• Refunds given based on how much work is done.
• Commissions are finished by priority for payment.
• Unless notified before Start of Work and rush payment processed, artwork will not be done faster or prioritized in any manner.
• BY ORDERING ANY NSFW/18+ ART YOU ARE AGREEING THAT YOU ARE 18 OR OLDER.

SECTION III – Image Copyright

I, the artist, retain full and exclusive rights to the original artwork. The client may not claim it as their own or use it for anything other than personal use. All commissioned artwork via these terms is for noncommercial purposes only. Redistribution of my artwork for use in printed merchandise or as promotion of goods, services, or social media pages is prohibited. I reserve the right to use your commission for my commercial purposes unless directed by the Client before the Start of Work.

The client has exclusive permission to repost the artwork on the internet where they would like as long as the following remain true:

1. 1. the post will retain a permanent link to our original post or gallery 
2. 2. the artwork remains intact and unaltered.

Altering my artwork in any way is prohibited. Exceptions of cropping/resizing the image for an icon or avatar can be permitted upon request. Use of my artwork as references for your own, tracing or re-purposing parts of the image, claiming the artwork as your own is prohibited.

If any terms in Section III are broken by the Client, you will be privately blacklisted from commissioning me and will not be allowed to commission me again.

All artwork commissioned by any client will be posted online on social media or in media galleries unless otherwise agreed upon before the Start of Work. This agreement does not remove these legal rights from the Artist.

SECTION IV – Payment Information

All payments for commissions are calculated using USD (United States Dollar) for currency. Commissions online can be paid through PayPal Invoice, Square Invoice, or Ko-fi Commission forms. Commissions in-person can be paid with cash, PayPal Invoice, Square Invoice, or Ko-fi Commission forms.  Paying in an unauthorized manner may result in your commission being cancelled.

Payment is required before Start of Work. Payment will be required in-full before the commission will progress beyond the Sketch stage. Payment can be divided into partial payments on a case-by-case basis if requested before the Start of Work. Partial payment structure and timeline will be agreed upon by both parties in the Commission agreement.

Non-payment within three days (72 hours) without proper notice will result in the commission being cancelled. Progress up to this point, if any, will be repurposed as a YCH (Your Character Here) commission for another client.

It is the commissioner’s responsibility to notify me when the payment has been sent. Sometimes a payment will fail due to system issues, but without notification, any missed payments will be assumed abandoned. If a commission has been determined abandoned and therefore cancelled, refunds will not be given on any previous payment for the specific artwork.

Refund Policy:

If the commission is cancelled for reasons other than abandonment (by me or the client) before the Start of Work, then the client will receive a full refund. If the client cancels the commission during progress, the amount refunded will be on a case-by-case basis and up to the artist’s discretion. The exact amount of the refund will be determined at the time a refund request is granted. A rough estimation on the refunded amount is as follows:

• Sketch: 80%
• Linework: 45%
• Lines and Flats (shaded commissions only): 15%
• Complete: 0%

No refunds will be given for completed or nearly completed commissions. The artist reserves the right to cancel a commission at any time, for any reason, and without explanation. If the Artist cancels the commission due to inability to complete it at any state, a full refund will be given.

SECTION V – Communication and Contact

The Commission Agreement will be completed online through email, Telegram, or Discord. Social media direct messages will not be considered a binding agreement unless otherwise noted. The commission process online can also be started via Ko-fi Commission forms or a specific Google Form. Commissions in-person will be discussed verbally, but will have an accompanying physical form with the terms and specifics laid out upon the form.

I am not a mind reader. If you do not clearly explain what you want in your commission, I will not know it. Please be clear, concise, and communicative to receive the artwork you are hoping for. If you have any problems or concerns with your commission, you must tell me. If a Client does not report any issues before the work is marked complete, the artwork will be assumed delivered as requested and paid for.

Visual Reference Guidelines:

Clients must provide at least one clear and concise visual reference of the specific character for the artwork. Supplemental information to the visual reference is highly encouraged. If we don’t know a detail, we will not add it!

References that are not specific reference images may result in a commission with missing or incorrect details. The Client acknowledges this risk if they choose to use this method. Text-only references will be accepted on a case-by-case basis. If a selection of images is provided instead of one specific image, I will do my best to combine the image reference given. 

SECTION VI – Content Guidelines

Caramel Comics has experience creating content from many different genres and styles. Most types of imagery are available for commission. Commissions can be requested in a certain style and we will do our best to follow the style guidelines. Caramel Comics requests all clients consider our body of work and general content before requesting something specific. If a request is outside of our usual content, the result may be less than desired. We reserve the right to refuse any commission on the theme or content requested. Please contact us for any specifics.

Favorite Content:

• – Humans and Humanoids
• – Original Characters
• – Fantasy and Sci-fi settings
• – Nature and Environments

Allowed Content:

• – Humans
• – Humanoids
• – Furries (anthropomorphic animals)
• – Robots, Androids, and Mechs
• – Aliens
• – Monsters
• – Elementals and Representational Creatures
• – Cars and Vehicles
• – Abstract and Non-representational Art
• – Landscapes
• – Fanart
• – Concept and Design artwork
• – Reference Images (character or object)
• – Comics and Sequential Imagery
• – Diversity, Inclusion, and Intersectionality themes
• – Mature themes (violence, injury, sexual nudity, etc.)
• – Explicit adult imagery (illustrated pornography) [NSFW]

Disallowed Content:

• – Underage characters in any adult/sexual situations
• – Any sort of hateful or bigoted content including but not limited to racism, colorism, sexism, transphobia, homophobia, ableism, and characters with Nazi/etc. imagery or paraphernalia
• – Adult/sexual content with dubious or non-consensual situations
• – Kink content I am uncomfortable with (ageplay, CG/L, vore, inflation, etc.)
• – Commissions of other people’s personal characters without their consent

You must be over the age of eighteen to commission adult content. I am a United States citizen and abide by United States laws. Breaking this rule is breaking the law and will result in blacklisting/blocking on all social media, email, and any other means of contact.

By ordering anything NSFW you state that you are at or above the age of 18.

SECTION VII – Workflow and Process

I work best with a general theme and some specific details like pose or expression. Creative freedom and exact execution commissions are allowed as well. I want to try to make what you’re imagining! c:

Upon receipt of your initial payment, your artwork order will enter our work queue based on payment status. Commissions fully paid have priority. Depending on the popularity of a commission item, you may enter a waitlist section as I go through commissions in batches. Commissions will be completed in a first paid and first approved order. To jump higher up the queue, a rush fee may be possible to pay.

Completion of most commissions are generally estimated to take no more than 1 to 2 weeks. If for any reason I cannot complete a commission within 90 days of ordering, I will issue a full refund. I will contact any client with notice of delays and the reason for it. Unless on a waitlist, the sketch stage should begin within 48 hours of payment received by the Artist.

When a Commission reaches Start of Work, the Artist will sketch out the general idea, theme, and composition. This sketch will be then sent to the Client for approval. Upon approval of the sketch, the artwork will need to be paid in full before the production will continue. If the commission is a sketch or doodle type, there will be no approval sketch and will be delivered as is.

If the commission type includes a sketch approval stage, any major changes or revisions must be made at this stage; this includes any significant changes to a character’s pose or body shape, or redrawing parts of the image. Each commission includes one major revision. After the sketch has been approved, no major edits or changes will be made for free. Minor changes will be acceptable with a limit of three before additional charges will be required.

If I, the artist, make any errors in the character design, accessories, or any other visual elements specified in the provided visual references, I will make these edits at no additional cost.

SECTION VIII – Final Notes

Thank you for your interest in artwork by Caramel Comics! We look forward to working with you!

Version 1.4
Created: June 2018
Last Updated: April 2023

This Terms of Service may be subject to change at any time without notice. Changes will not be applied retroactively unless otherwise stated.

These Terms of Service are by and for Caramel Comics, and may not be duplicated or used by other organizations.