Terms of Service

Commissioning me constitutes acceptance of all terms listed here as of the date your first payment is received.

Issues resulting from a lack of knowledge of the TOS can lead to additional charges. If you see anything you are concerned about, ask! I can be very accommodating and prefer to arrange other agreements before issues arise! Questions can be addressed in the comments section of this post!

TL;DR Version:
Click any item in this list for full details.
1 You must be at least 18 years of age.
2 For commission related correspondence, please use the contact information listed on the website, email to zhi@cat-bird.com or via Telegram @Zhivagooo
3 Quotes are provided on a case by case basis and are an estimate only.
4 No work can begin until the first payment is received.
5 Payment plans can be arranged.
6 I reserve the right to reject subjects, themes or characters for any reason.
7 Prices include standard consultation times. Additional consultation time may be billed per my hourly rate. Refer to full document for times.
8 If I am unable to contact you after multiple attempts and an extended period, I reserve the right to close out the commission as complete. Remaining balances may be forfeit.
9 Any piece can be converted into a badge. A service fee may apply.
10 Everything is shipped via USPS with tracking within the US unless otherwise requested. (No tracking for international.)
11 Discrepancies requiring correction after approval has been given may be subject to additional fees.
12 Extended written references may be subject to an administrative fee.
13 Extended corrections requested may be subject to the hourly rate.
14 Consultations exceeding standard consultation times are available at the hourly rate
15 Artistic freedom commissions may not include WIPs, changes or edits to finished work.
16 You may use the artwork for your own personal use only as long as you do not modify it in any way and list a proper credit to me. (Cropping for icon use is ok.)
17 You may not resell the art for a profit or use it for promotional materials unless specifically outlined and agreed to beforehand in writing.
18 I retain all rights to all artwork.
19 You retain the rights to your character, however I retain the rights to the art piece.
20 Small items may be completed in a single sitting without a WIP sent. Minor edits ok.
21 Excessive edit requests may require additional fees. No backseat driving.
22 STREAMING:. If you specifically request that I DO NOT stream your commission, then I won’t.
23 IF I CANCEL: I can cancel at any time for any reason and will provide a refund based on the amount of work done as of the date of the cancellation, up to a maximum of 100% of the amount paid to date.
24 IF YOU CANCEL: I will provide a refund based on the amount of work done as of the date of the cancellation, up to a maximum 50% of the amount paid to date.
25 Commissioning me signifies acceptance of these terms. If you’re at a con, you have one week to voice concerns/questions before the TOS is locked in!

Complete Terms and conditions

Basic Terms:

1 You must be 18 years of age or older to submit an order. Sorry youngins!
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2 All correspondence regarding commissions will be taken via the website, email at zhi@cat-bird.com or via Telegram at username @Zhivagooo. The artist strongly prefers not to accept commission information via FA notes, DA notes or any other medium as organization is essential to avoid errors or other mishandling. Alternate forms of communication may be used at the clients own risk.
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Payment Terms:

3 Work is quoted on a case by case basis based on the descriptions of the work to be done. Quoted price may be subject to adjustments during the commission process if additional work is requested which is above and beyond what has previously been quoted for. Certain exceptions apply.

Base prices are defined based on a simple, default canine type character. Complex projects are provided final billing based on actual time taken. Details that define complex projects include, but are not limited to:

  • More than 20 specifically placed/designed spots
  • More than 10 specifically placed/designed stripes
  • Detailed markings in very specific shapes
  • Feathered wings or multiple sets of wings
  • Additional appendages
  • Additional props
  • Vehicles
  • Full fur rendering
  • Detailed backgrounds.
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4 No work can begin until an initial payment has been made. Any commission under $200 must be paid in full before the artist can begin work. Commissions quoted over $200.01 have the option of 50% up front and 50% on completion, however only web-size, heavily watermarked images will be provided until the amount is paid in full. Alternative payment plans may also be arranged on a case by case basis.
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5 Payment Plans may be arranged for large ($400+) or long term projects. Payments can be made monthly in increments of a minimum of $100 each with a $5 service fee applicable per payment.
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What I will and will not draw:

6 The artist is happy to accept the challenge of humans, fantasy creatures, anthropomorphic characters, vehicles, scenes, various moods, alternative themes, etc.

The artist will not accept commissions of an illegal nature. The artist will not accept commissions focusing on sexual themes or acts.
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Services being rendered:

7 In addition to the service being performed, pricing includes the cost of time for research and consultation.

RESEARCH consists of time spent reviewing both the provided and artist-acquired reference materials to ensure a correct outcome.

CONSULTATION consists of time spent discussing the commission and any correspondence which involves said commission.

Research and consultation time included based on standard billing is as follows:

  • Initial Consultation – Up to 30 minutes
  • Research Time – Up to 30 minutes
  • Sketch Phase Consultation (if applicable) – Up to 15 minutes
  • Lineart Phase Consultation (if applicable) – Up to 15 minutes
  • Final Consultation – Up to 30 minutes

Excessive amounts of correspondence or reference material requiring time exceeding that which is listed above, which may result in additional charges. (See sections 10, 11 and 12 for more info.)
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Hard Copies:

8 Certain commissions, such as traditional pieces, may include a hard copy. Artist will request a mailing address to provided contact information a maximum of two times. If mailing address information is still not received within 7 days of the second request, then the hard copy may be considered forfeit. Forfeit pieces may be resold through other venues at the artist’s discretion. If an item is sold elsewhere and the original client requests a copy after it has been sold, a print can be provided. Printing, shipping and handling fees may apply.
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9 Hard copy badges can be replaced if desired in the event of loss, theft or excessive damage. The cost to replace any previously purchased badge of any size is $5 per replacement plus the cost of shipping.
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10 Convention and local pick up may be arranged where possible. All other items are shipped via USPS at standard rates. Special shipping requests, such as alternative carriers or additional services, may be granted. Shipping fees will apply. Refusal to pay shipping fees may result in forfeiture of hard copies.

All items shipped within the US will include a tracking number which can be provided upon request. Items shipped outside the US cannot be tracked and therefore will not have tracking numbers. Alternative shipping options may be requested if desired.
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Reference Requirements:

11 A visual reference strongly preferred. It is the client’s responsibility to ensure that the reference is 100% accurate and clear prior to the project. Any changes required as a result of an inaccurate or unclear reference may incur additional charges.

If you do not have a reference, you may request a free lineart from me for you to color. If your character is a hybrid, mythical or other type of creature, I reserve the right to choose from what is available and closest to your desired bodily shape and may not send an exact species match. It will be up to you make note of any physical changes that will need to be considered.

References who’s colors are questionable, such as in the case of a spotty color pencil coloring or a photo of a reference taken in a dark room, may incur additional charges if you request the colors to be changed during production of the piece. Digital color selection is welcome and encouraged. All white shown on a reference sheet will be accepted as a white marking unless specified otherwise by the client. Please be certain that your reference is colored to completion.

Colors may not match exact hex codes requested based on environmental lighting.

NSFW References are not accepted unless the commission will be of an adult nature and they have been specifically requested. NSFW references provided when they are not requested will incur an editing fee of $60.

References must be provided directly to the artist via direct link or email attachment. An additional fee of $5 will be charged if the artist has to track down your reference via other means (i.e. Google search, FA search, etc.) This does not apply to reference images obtained for species reference or general themes such as scenery references for backgrounds.
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12 Written references may be accepted but they must be written in a clear, concise and straight to the point way. (i.e. Eyes: Green/#00b40d). “Novels” or written descriptions in great detail (i.e. Roleplay transcripts or story excerpts) must be limited to 500 characters or less. Additional research time will apply to references longer than 500 characters and will incur charges of $10 per increment of 500 characters. Character counts will be rounded up to the next increment of 500. URLs to additional visual reference materials do not count towards the character limit. Linking to additional written descriptions will still apply towards the character limit in addition to the previous descriptions given.

Please send only information that is directly pertaining to the commission, as any extra additional information can lead to confusion and errors, which will incur charges to fix if it is not what you desired. Backstories, personality profiles, role-playing entrances typically include a lot of extraneous information, please do not include these unless they are directly pertaining to the exact moment(s) in time being portrayed by your project(s).
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Please ensure to provide the following information, either included in references or as part of correspondance:

  • Desired mood, theme or setting.
  • Species
  • Gender to be portrayed
  • Character colors
  • Both eye colors
  • Flesh (toungue, pawpads) colors.
  • ARTISTIC FREEDOM COMMISSIONS: I love these, but please provide a few key words to give me a direction to go in.

“Collaborative Idea” Commissions

14 Collaborative idea commissions,AKA “What do you think?” are a cross between a standard commission and artistic freedom with extensive artistic consultation involved. These typically involve the artist as an active force in the decision of the commission scene working under direction of the client. As this process requires a great deal more in both research and consultation times, pricing is adjusted accordingly to accommodate for the additional time.
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“Artistic Freedom” Commissions

15 If you declare your commission to be artistic freedom, please provide a few keywords for the artist to have a point of reference of a general theme or basis of where to draw ideas from. Buyers who have issues choosing a keyword or theme will have keywords chosen at random via dice roll done by the artist until the artist is inspired.

Unlike a standard commission, artistic freedom commissions will not receive WIPs and only the final product will be delivered. The only exception is if a detail or request has already clearly been outlined in the provided reference information yet was not implemented due to error. If you have a certain idea in mind, please keep in mind that the artist is not psychic and declaring artistic freedom may not be the best choice in this instance.
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Rights to Completed Work:

16 You may post my completed art to your own FA or other sites, as long as it remains unchanged and intact and you include a credit with a link to my own links on the same media (i.e. If you post to Tumblr, please include a link to my Tumblr) – OR – a link to http://www.cat-bird.com

Finished artwork may not be edited in anyway without written permission from both the artist and original client. The ONLY exception is that artwork may be cropped for use as a personal avatar or icon by the original client only.
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17 You do not receive any other reprinting, republishing or resale rights to the artwork unless an agreement in writing has been made for the intended use of the artwork.
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18 Artist retains reprinting, republishing and resale rights to all pieces, finished or unfinished, in any way the artist deems fit. This includes the right to post the the piece online, use in promotional materials, etc. I also reserve the right to alter the finished work to my own preferences for my own use as I see fit. Please note that this means that if I like your finished work and feel there is a market for it, I can sell it as a print or reprinted on other mediums if I want to, modified or unmodified, if I so choose.

Artist always retains republishing rights. Requests not to display artwork at all (i.e. “Can you not post this anywhere at all?”) will not be granted except in cases of delayed publishing (i.e. If the finished piece is intended for a birthday gift, is part of a project to be made public at a later date, etc). If you desire a commission to remain completely private, exclusive rights may be purchased.

Exclusive rights may be purchased for an additional fee via prior written agreement only.
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19 The commissioner retains the rights to the character to be portrayed in the artwork, and the artist retains the rights to the actual completed work.
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WIPs, Changes and Adjustments:

20 WIPs may not be provided for badges, icons, sketches or other pieces that are less than half-body as these are typically completed in one sitting. Minor adjustments can be made at no cost in these instances. Examples of minor adjustments include small color changes, slight facial expression modification… Major changes, such as incorrect reference art, unclear specifications, failure to mention major details… may incur additional charges at a rate of $60/hr with a 1 hour minimum in effect.

For larger pieces, a basic pose-only sketch will be provided for approval. Once approved, the lining phase will begin and there can be no changes to the pose. Certain details, such as in the case of props, jewelry, markings and such are typically added during the lining phase and sketches may not accurately reflect the specific amount of detail that will be added to them (i.e. a beaded necklace may be drawn as a single solid piece in the sketch phase) however I assure that the detail will be added in.
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21 Pieces can be altered a requested maximum of two times without a price adjustment. Changes made by the artist due to artistic preference or desire do not count towards these changes and may also be reversed upon request and will not count towards the change limit. Additional changes after the second change will require renegotiation of the original contract.

I reserve the right to deny edit requests that I feel will result in a poorer quality piece.

I reserve the right to reject alteration, edit requests and redlines submitted by a separate and uninvolved third party. I consider my commissioner, the client, to be responsible for making any final calls regarding stylistic choices.

I reserve the right to reject edit requests based in replication of specific art styles, such as, for example, anime or chibi styles. My style includes my interpretation of anatomy how I see fit, which may include a transformation of the character to my own vision and interpretation, which may or may not be based on anatomical accuracy, based on my intention for the work to be performed.

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Streams and Videos:

22 The artist does not guarantee streaming or video recordings of any commission. The artist does not guarantee posting of all streams or videos. The artist may choose to select any work to be streamed or uploaded as a video unless specifically requested.
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23 Artist reserves the right to cancel any commission at any time for any reason. Cancellations made by the artist may be refunded in whole or in part to a maximum of 100% of the payment made to date, minus the cost of time, research and any work already spent on a commission. Any WIP images or files created will be delivered to you as-is via e-mail only at the time of cancellation.
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24 The commissioner may also cancel at any time for any reason. Refund amount will vary based on the amount of work completed to date by the artist. Only a maximum of 50% of the payment made to date can be refunded. Exceptions may be considered at the artist’s discretion on a case-by-case basis.
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25 The terms stated in this document are subject to change at any time without notice or notification and by commissioning me, you agree to all terms described as of the date that your payment is received.

DELAYED ACCEPTANCE: A small exception is made for commissions taken at con. You have seven days from the last day of the dealer’s room/artist alley OR until the work date provided to you (whichever is first) to voice any questions, concerns or negotiations regarding the TOS agreement. Failure to report issues within this time will be taken as an understanding and acceptance to the agreement and issues arising after this time will be held to this agreement as written.
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These terms were last updated December 19th, 2016.

Comments are open for questions regarding this document.

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