♡Echosillustrations♡

1. Engagement, Rights & Usage, Confidentiality, Indemnification

A. ENGAGEMENT
Client provides clear and complete requirements upfront, including reference materials before Work begins.Client grants to the Artist non-exclusive rights to observe and replicate Client’s own character design, reference material and other intellectual property for the use of the Work.Client warrants that the character design, reference material and other intellectual property provided to the Artist are legally obtained and authorized for use by the Client.Client warrants that they have the authority to enter this agreement, be the point of contact and is solely responsible for decisions and approval during the process.Artist may use commercially licensed, copyright-free and/or educational materials, assets and/or tools.Artist reserves the right to refuse projects or requests based on content, subject, or other reasons.The details set forth by the Artist shall be agreed upon by the Client before work begins.B. RIGHTS & USAGE
Artist RightsThe Artist retains copyright, ownership, redistribution and intellectual property rights, which includes but is not limited to display, advertising, printing, the Work and work in progress on websites, social media, portfolios, public broadcast channels (i.e. Twitch) and more.The Artist may use rejected work in progress and versions for other projects according to their discretion, under the condition that it does not infringe the Client's intellectual property rights and ownership of their likeness, character design, branding, identity design or any such trademarks.Client Rights
Clients receive non-transferable usage rights to the Work for personal use.
Personal use means: display on social media accounts for promotional purposes with no direct monetization, such as profile pictures, banners, and posts; print and framing in personal spaces; display as part of designs on websites and channels, excluding use in content of these websites or channels.Client must not claim Work as their own and must credit Artist using their social tag/username/link at the instance of display of the Work or permanently on their websites, social media profiles, broadcast channels and so on.Usage of Work for AI (artificial intelligence) tools, platforms or programs; ML (machine learning) tools, platforms or programs; AI or ML training; NFT; blockchain; or other for-profit platforms/purposes, is strictly prohibited.
Additional charges will be required for commercial usage if not included, typically 2x of the original cost.C. CONFIDENTIALITY
The Artist and Client acknowledges that information and materials that are provided to either party (including but not limited to personal information, technical information, marketing plans, payment information, or sensitive business information) outside of the development of Work, that will not be visible to the public, shall be considered confidential information and shall not be disclosed to any other party without prior written permission from the owner of this confidential information.D. IDEMNIFICATION
Client indemnifies Artist against claims, losses, damages, and expenses related to Work usage by the Client, breach by the Client of the Agreement, or third-party claims.
If Client's rights and the terms of this agreement are violated or the Work is not delivered as agreed, due to Artist negligence, Artist will work to remedy the situation first according to the terms aforementioned and otherwise to the satisfaction of the Client.

2. Revisions, Communication

A. REVISIONS
One revision is allowed per item shown to the Client during the process.
(i.e. After line art, only minor revisions are allowed.)
Additional charges for excessive revisions may be required.
Revisions may affect progress and timeline.
Clients may not edit the work after final delivery unless specified in the commission information, project outlines or otherwise approved by the Artist.B. COMMUNICATION
Ongoing communication and discussion will occur throughout the project, including work in progress, idea generation and collaboration, situational updates, and more.

3. Payments & Fees, Cancellations & Refunds

A. PAYMENTS & FEES
Client pays in full up, or pays a 75% downpayment for higher value projects.Invoices, proposal or payment link will be sent to the Client when Artist is ready to begin work for the current queue line.Invoices must be paid within 72 hours or the project may be cancelled.Prices are in USD, and paid via Paypal or Ko-FiPrices may vary or change depending on complexity, requirements and/or additional requests.Once Work has begun or payments have been made, the Client acknowledges Work and deliverables are digital and there are no physically shipped goods to receive.Client agrees that they will not issue chargebacks and the refund policy mentioned below will be followed.B. CANCELLATIONS & REFUNDS
If Client requests cancellation,
No refunds are possible if the work provided is sketch option, or other options selected are in their coloring phase.
40% Refunded if work is past sketching phase
If Artist cannot complete work or there are delays.

ACCEPTANCE

Client is 18+ and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf.
Agreement date is upon first inquiry/communication or first transaction. (or by use a digital signature program for a more legally binding and enforceable agreement if the Artist does choose to)Note: Businesses, agencies, groups and other organizations should contact the Artist to discuss arrangements in more detail.

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