terms of service

1. The Artist has the right to refuse any Commission request, without needing to explain the reason.

2. The Artist reserves the right to Stop Work on a Commission, or cancel a Commission request due to poor communication, inappropriate behavior, an inability to effectively communicate in the English language, or a breach of the Terms of Service.

3. The Artist will not create any depiction of sexually explicit (i.e., “x-rated”, pornographic, simulated sex, or sexual arousal) materials, fetishes, or any form of hateful or racist imagery.

4. The Artist will not reproduce a copyrighted image or character without consent of its copyright owner, and as it pertains to United States Copyright Law.

5. By commissioning the Artist, the Client is purchasing the Artist’s labor only. The Artist retains all rights to the Commission, which includes but is not limited to: Distribution, reproduction, use of the Commission for Artist promotion and displays (e.g. Social Media, Personal Space, Public Space, as defined in the Definitions section herein, etc.); or as it applies to any new Terms of Service agreed upon in a Commission Agreement prior to Start of Work.

6. The Client must specify the content of their Commission to the best of their ability prior to a Commission Agreement. A complex Commission may incur additional cost or extend the schedule, to be defined and agreed upon in the Commission Agreement prior to Start of Work.

7. The Client must specify the desired image size of the Commission, regardless of media. A large image size may incur additional cost or extend the schedule, to be defined and agreed upon in the Commission Agreement prior to Start of Work.

8. If the Commission is time-sensitive, a rush fee may be applied and schedule adjusted, to be defined and agreed upon in the Commission Agreement prior to Start of Work.

9. If the Commission is defined as confidential in the Commission Agreement, the Artist will temporarily delay display of the image at the request of the Client and as defined in the Commission Agreement until such time the Commission Agreement specifies Artist use per Term 5 is permitted. A Client may not request the Artist to indefinitely defer display or deny Artist rights under Term 5.

10. The Client may not distribute, reproduce, or otherwise profit from the Commission beyond the resale of the original [traditional art] Commission, or as it applies to new Terms of Service agreed upon for a Commercial Purpose Commission in the Commission Agreement (see Term 14).

10a. The Client may not edit, alter, or trace the Commission, or license or sell the Commission in any way as an non-fungible token (NFT), without the Artist’s written permission, or as agreed upon in the Commission Agreement prior to Start of Work.

11. The Client may display the Commission in Social Media as long as the Artist’s name (“Cooley”) is prominently displayed along with a link to www.iamcooley.com. Additionally, any Social Media display of the Artist’s Commission must notify or "tag" the Artist, unless already defined in the Commission Agreement prior to Start of Work. Commissions in Social Media displays cannot breach Term 10, Term 10a, or Term 14.

11a. The Client cannot display a Commission outside of Personal Space or in a Public Space unless the Commission is executed under new Terms

of Service agreed upon in a Commission Agreement prior to Start of Work. The Client must obtain written permission from the Artist prior to displaying the Commission in a Public Space if not already defined in the Commission Agreement; additional fees may apply.

11b. Under no circumstances may the Client submit a Commission to any kind of contest.

12. Digital art Commissions will be provided to the Client via email or an online download location agreed to by all parties in jpg/.jpeg or .png format; this does not include the Commission native files (e.g., .psd, .tif, etc.), unless agreed upon in the Commission Agreement, or after Commission Agreement Termination, the Client obtains written permission from the Artist. 

12a. The Artist is not responsible for the cost of shipping a Commission (traditional art Commissions or any digital media device [e.g. CD, DVD, flash drive, etc.] or print of an art Commission); the Client is responsible for all shipment costs.

13. The Artist is not responsible for printing [creating a hard copy of] a digital art Commission, or reproducing prints of a traditional art Commission for the Client unless agreed upon in the Commission Agreement. If permitted in the Commission Agreement, the Client may use the digital (.jpg/.jpeg) file for local printing, so long as it does not breach Term 11, Term 11a, Term 11b, or Term 16; or

13a. The Client may obtain written permission from the Artist prior to printing the Commission any time after the Termination of the Commission Agreement.

14. If the Commission will be used for a Commercial Purpose, the Artist must be notified prior to the Start of Work. Commercial use of the Commission requires new Terms of Service developed on a case-by-case basis and agreed to by all parties in the Commission Agreement before the Start of Work.

15. The Client may request work-in-progress images of the Commission at any time during the creation process, but may not request changes to the Commission after Start of Work, unless a change process is defined in the Commission Agreement prior to Start of Work.

15a. Alternatively, if change(s) are absolutely required after Start of Work, a Substituted Contract that includes, but is not limited to, definition of the required change(s), associated fees, adjusted schedule, and new contract total - agreed to by all parties - will be developed.

16. The Client may not incorporate the Commission in another work of art (or another Artist’s Commission). A take-down notice will be issued in such cases and Term 18 will be applied as necessary.

17. Refunds may only be issued if the Client notifies the Artist prior to Client execution (signature) of the Commission Agreement. No refunds will be issued after Start of Work, nor will a refund be issued before or after Start of Work if any Terms of Service are breached.

17a. The Artist has the right to revoke access to, and Stop Work of, the Commission at any time after Start of Work per Term 2.

17b. The Client reserves the right to issue a Stop Work order at any time during Commission Agreement negotiation, or after Start of Work if not in violation of Term 17 or Term 17a, but is not subject to receive a refund from the Artist after the executed Commission Agreement. Additionally, any work on the Commission by the Artist prior to receipt of the Stop Work order, if issued by the Client after Start of Work, will be invoiced to the Client before Commission Agreement termination.

18. The Artist has the right to pursue damages under United States Copyright Law, should there exist a copyright violation in addition to a breach of these Terms of Service.

definitions

Artist: The individual producing the Commission ("Cooley,” "cooley," “iamcooley," "iamcooleyART," "iamcooley.art," i am cooley ART,” "IACA").

Client: The individual purchasing the Commission.

Commercial Purpose: Any image or project to be commissioned that does not fall under the type of use specified in these Terms of Service. New Terms of Service will be developed on a case-by-case basis and agreed to by both parties in the Commission Agreement prior to Start of Work.

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

Commission Agreement: An agreement between the Artist and Client that documents pertinent Commission information gathered in prior correspondence (via email or phone) and provides a quote for the work including expected hours and fees, recording method for project hours as applicable, contact information, correspondence frequency and methods, payment method, schedule for the Start of Work and Termination of the Commission Agreement, as well as any Terms of Service developed in addition to those herein or as they apply to a Commercial Purpose Commission. The Commission Agreement is subject to revision by the Artist or Client until executed by both parties. Upon execution the Commission Agreement is a binding contract. This contract can be adjusted by the Artist or Client after execution if both parties agree to replace the Commission Agreement with a Substituted Contract to include all adjustments to the original Commission Agreement. The Commission Agreement and any applicable Substituted Contracts shall remain on record with the Artist, along with any other documents related to the Commission, for at least two years.

The Commission Agreement will usually conclude with:

“This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior communications between Artist/Client with respect to such matters. No modification of, or amendment to, this Agreement – or any waiver of any rights under this Agreement – will be effective unless in writing and signed the by both parties.”

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.

Social Media: Online locations where the Commission may be displayed (e.g., “galleries," "albums," "posts," etc.) per the Terms of Service. Social Media as defined herein does not include any website(s) that display hateful or racist imagery, illegal activities, or locations or organizations known to display, reproduce, and/or sell works without crediting the Artist. Additionally, no Commission may be displayed on Social Media without notifying the Artist first, "tagging" the artist as "Cooley" and including a link to www.iamcooley.com, or as agreed upon in the Commission Agreement.

Start of Work: The point in time by which the Client has approved the Artist to start work on the Commission (e.g., Artist begins to create the Commission).

Stop Work: An order to cease progress on a Commission issued by the Client or initiated by the Artist that may occur at any time between Commission Agreement development and Termination. A Stop Work order does NOT absolve the Client from payment(s) owed to the Artist after Start of Work and prior to receipt of a Stop Work order.

Substituted Contract: Replaces the original Commission Agreement, completely taking its place and discharging the terms of the original agreement when/if the original Commission Agreement is no longer sufficient for the scope of the Commission. New Terms of Service or reference to these Terms of Service will be present in any Substituted Contract and the Client must agree to them prior to Artist resumption of Commission work.

Termination: When contracted work in a Commission Agreement or Substituted Contract is complete and the Client has provided the Artist all payments owed, or when a Stop Work order issued by the Client or Artist and any outstanding payments are made by the Client to the Artist. A Stop Work order or Termination does NOT absolve the Client from payment(s) owed to the Artist after Start of Work and prior to receipt of a Stop Work order or at Commission Agreement/Substituted Contract Termination.

client contact information

Email Address (Required): Contact the Artist via the contact form on the Commission Information page or the Home page; your email address is required.

Phone Number (as Needed): The Artist will not call or text the Client except by Client request or as agreed to in the Commission Agreement, or if there is a conflict in schedule, payment, or a breach in the Terms of Service.

Other Forms of Communication (Optional): The Client may request different forms of communication (e.g., phone call, Zoom meeting, Google Meet Facebook Messenger, etc.) to discuss a project. However, the Artist must have the Client’s email address to enter into a Commission Agreement.

Physical Address (as Needed): The Artist requests the Client’s address if the Artist is shipping a [traditional art] Commission or a digital art print.

Age (as Needed): If the Client is under 18, the Artist recommends the Client supply contact information for a parent or guardian.

Specifications for Commission (Required): Please refer to the Commission Information page and Terms of Service above for guidance.

payment

Minimum Payment: The Artist requires a minimum payment up-front before Start of Work, unless otherwise agreed upon in the Commission Agreement. This up-front cost will be disclosed in the Commission Agreement. The Commission Agreement will also define how remaining Commission costs (including record of Artist hours) will be calculated and paid. Failure to make the minimum payment will result in delayed Start of Work or termination of the Commission Agreement.

Calculating Minimum Payment: Per the Commission Information page, each Commission type has minimum hour(s). Multiply the minimum hour(s) for the Commission type by the Artist's hourly rate to calculate the minimum payment due at Commission Agreement execution (Client signature) prior to Start of Work. For example, the minimum hours required for a sketch is 1, thus 1 hour x Artist hourly rate = minimum payment due at Start of Work for a sketch Commission. Likewise, the minimum hours required for a full illustration is 8, thus 8 hours x Artist hourly rate = minimum payment due for at Start of Work for a full illustration.

Currency: All prices are expressed in U.S. dollars (USD); foreign currency must be converted during the payment process. The Client is responsible for providing the correct amount, equal to the USD amount due. Please visit XE.com for accurate currency conversions.

PayPal Method: For Clients with PayPal: You can make a direct PayPal transfer to the Artist.

Alternative Methods: For Clients without PayPal: Cash is accepted locally. For distance clients, the Artist accepts payments via Venmo and Facebook.

Cancellation: Please refer to Term 17, Term 17a and Term 17b for refund policy and payments due.