Kabatsu Art
Terms & Conditions
Of Service and Sale
Updated: August 6th, 2024
By commissioning me, you agree to the conditions below
Please read through my TOS carefully before commissioning me. If you have any questions, please feel free to send me a message on Twitter, Instagram, Discord, or through my email at [email protected]
General
I do not accept any sort of hateful or criminal content (racism, transphobia, sexism, etc). I reserve the right to refuse any commission request without explanation.
Do not claim, copy, trace, or redistribute my art without my given permission.
Do not use or order for any crypto or non-fungible tokens.
Do not use or order for any artificial intelligence use or training.
Payment & Refunds
Payment must be made in full upfront
Prices may vary based on complexity and details.
There are no refunds offered for commissions.
Chargebacks are not allowed and will not be tolerated.
If payment is not received within 24 hours of accepting your commission or sending an invoice, the purchase will be cancelled (unless I give an extension).
I accept payments through PayPal, Ko-Fi, and Cash App. All of my prices are listed in USD ($).
I don't accept deadlines, but if you are willing to pay a rush fee of 50% of the total price I will place you at the top of my queue. However, this fee is non-refundable. Sorted on a first come first served basis.
Custom Character Design Commission
In cases where you want a vtuber design or a new oc, you can commission me for a custom character design!
Prices will vary depending on complexity, details, and toggles.
By rejecting an iteration of design, you acknowledge that you do not own the rights to that iteration of design.
Once the commission has been finished, you will own the rights to that design and may use it for further profit.
However, I retain the rights to the original artwork produced. The original artwork may not be used for commercial use and profit.
Process & Timeline
Please provide references and/or character sheets of your character(s) upon commissioning me. You may also give me the freedom to interpret your character design, but it may affect pricing.
Once your commission is completed, it cannot be modified. Extra fees will be applied for further modification.
I'll stay in contact through your preferred communication channel. WIP updates will be sent as necessary, mostly during the sketching and ideation stages.
Your finished commission will be sent through a Google Drive link through your preferred communication channel.
Full drawings will usually be around 2856 x 3565 pixels and 300 dpi. You may request a custom resolution within reason.
Don't hesitate to contact me and inquire about your commission at any time! I will do my best to communicate professionally and quickly! You can always check my queue through my Trello link below.
Expectations
| ✔️ Will draw | ❌ Won't draw |
|---|---|
| SFW & NSFW | Controversial topics |
| Most species & ages | Very elderly |
| Anime, anthro, and furries | Mechs & monsters |
| Limited gore & horror | Extreme gore |
| Limited backgrounds | Detailed backgrounds/props |
| Chibis and stickers | |
| Fanart and OCs | |
| Vtuber designs |
Copyright Usage & Rights
I retain the rights to the artwork I produce.
I remain the original owner for all artwork I produce.
The client is not allowed to take credit for the commissioned artwork.
You do not own the commercial rights to the artwork you commission from me, and you may not use it for profit, unless specified otherwise. For example: prints, shirts, stickers, etc. (partially or in its entirety).
Indefinite commercial licensing, for artwork I produce, where I retain copyright is available upon request and negotiation.
Commercial use must be specified beforehand, and client must only use artwork in specified and agreed upon use cases.
Clients are not permitted to use artworks I produce for Non-Fungible Tokens, Crypto, or Artificial Intelligence (partially or in its entirety).
You must either credit me or include my watermark when the artwork I produced is shown publicly or posted online. Please tag me as @kabatsu_ if applicable, it really helps support me!
If you decide to sell the character(s) used in the artwork you commission from me in the future, please ask me before you include the artwork as part of the sale.
The artist owns the right to refuse any commission request without explanation.
Terms
1) RESERVATION OF RIGHTS: All rights not expressly granted above are retained by the Artist, including any electronic rights or usage, and including, but not limited to, all rights in sketches, comps or other preliminary materials. Any use additional to that expressly granted above requires arrangement for payment of a separate fee.2) REVISIONS: Revisions may be made only by the Artist at the sketch stage. Additional fees may be charged for revisions made after sketches, and for revisions reflecting a new direction to the assignment, or new conceptual input.3) CANCELLATION AND KILL FEES: Cancellation (“kill”) fees are due based on the amount of work completed. Fifty percent (50%) of the final fee is due within 30 days of notification that for any reason the job is canceled before the final stage. One hundred percent (100%) of the total fee is due despite cancellation or postponement of the job if the art has been completed. Upon cancellation or kill, all rights to the art revert to the Artist and all original art must be returned, including sketches, comps, or other preliminary materials if provided.4) PAYMENT: Payment for work must be made in full before any drawing is started. The Client’s right to use the work is conditioned upon receipt of payment within thirty days of acceptance, and upon Client’s compliance with the terms of this agreement.5) ORIGINAL ART: Original art remains the property of the Artist unless expressed in the agreement.6) PERMISSIONS AND RELEASES: The Client agrees to indemnify and hold the Artist harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.