andy
Junior Member
anxious dancing
Posts: 76
Pronouns: he/they
Occupation: student
Species: mutt thing
|
Post by andy on Nov 18, 2024 16:11:17 GMT -5
I’ve been wanting to open commissions for a while, I just need to get a method of payment, but for future reference, how should I go about making a TOS page? I know the usual ‘Will Draw’ and ‘Won’t Draw’, as I’ve done those for art trades, but I’m more so referring to use policies, payment policies, and other stuff like that. Should I have the commissioner sign it in some way? Thank you for any advice given, regarding TOS or just general commission advice!
|
|
Margarita
Junior Member
Raising the Sunwind | pfp by @fox
Posts: 59
Pronouns: Any Pronouns
Occupation: Werewolf Enthusiast
Species: Snow Leopard | Shapeshifter
Mini-Profile Background: {"image":"https://64.media.tumblr.com/8ed287a653f3ad2e628037b9fd94d06d/614f75516d361946-9d/s1280x1920/4d1e4c8c2ef148342afdbdfe12d32ff80d7565bb.pnj","color":""}
Mini-Profile Name Color: FFCAB5
Mini-Profile Text Color: FFCAB5
Member is Online
|
Post by Margarita on Nov 18, 2024 17:58:03 GMT -5
I’ve been wanting to open commissions for a while, I just need to get a method of payment, but for future reference, how should I go about making a TOS page? I know the usual ‘Will Draw’ and ‘Won’t Draw’, as I’ve done those for art trades, but I’m more so referring to use policies, payment policies, and other stuff like that. Should I have the commissioner sign it in some way? Thank you for any advice given, regarding TOS or just general commission advice! I can't give you a solid, legally sound answer because I never went into commissions in an all too serious way (ie. I did it for pocket change, not really as a form of freelance) but what I did do was ironed out my TOS on my commissions website, and made clients verbally / via message confirm theyd read them. I can ask my more professional freelance friends their advice if you don't get anything else from the folk here ^^ but I'll link my TOS if you wanted to have some examples to look at. You definitely at least want to cover legalities of what you're expecting/unwilling to let clients use your art for. Your art is your brand so you've got to be concise and clear. My TOS change everytime the internet finds some new loophole to screw over artists; you'll see how I have a note about my art not being used for crypto. I still have yet to add a note about AI (that my art cannot be used to train AI) but that is a current artist issue to be aware of. lycansprites.carrd.co/#tos
|
|
Kit Collie
New Member
I sleep, therefore I am
Posts: 35
Pronouns: he/him
Occupation: software developer & artist
Species: jaguar
|
Post by Kit Collie on Nov 18, 2024 18:22:28 GMT -5
I've been working on my TOS by looking at other artists whose terms I've liked and using the bits that work for me! Feel free to rip anything from my terms that you want: www.drawing.dog/commissions.htmlAlso, the following is not professional legal advice, but is important to say: - Make sure you've directed them to read your TOS, and have that in a form of writing that they can't edit or delete later (for instance, email)
- Make sure that they acknowledge having read & understood the terms in that same form of writing
- Make sure that the terms indicate what cements the contract (i.e. a payment being made)
- Always remember that contracts are only enforceable if an exchange has been made, such as your services for their money
Some of that might seem pedantic now, but it will protect you later if a commissioner makes a chargeback request to their bank or makes other complaints. The more documentation / paper trail you have, the less shitty commissioners will be able to screw you over
|
|