My terms of service can be found on this Google Doc, but just in case the link goes down or something I will also have it below. The Google Doc is going to be the most up-to-date, so please try to read it if you can.

BY COMMISSIONING ME YOU ARE CONFIRMING THAT YOU HAVE READ AND AGREE TO MY TERMS OF SERVICE

YinKitty Studios Terms Of Service

All conditions will be followed as defined below:

Terms to Note:

You, your, the customer all equate to the client*

*Client is defined as the purchaser of the service or piece and the owners of all characters therein.

Marie the Feligon, Marie, Lady Marie all equate to the Artist**

**Artist is defined as the one [1] running the business conducting the sale of service or piece to the client.

YinKitty Studios, YKS all equate to the business***

***Business is defined as the corporation conducted by and under the legal ownership of Marie.

By sending your payment, you (the client) agree to adhere to the YinKitty Studios Terms Of Service as it is written. It is interpreted by me and me alone, and is non negotiable.

Effective: 09/16/19 Revised: 09/17/19

Contact

In order to commission artwork from me, you (the client) must contact me through one [1] of the following messaging systems:

Email: yinkitty1614@gmail.com

Telegram*: @MarieTheFeligon

FurAffinity: https://www.furaffinity.net/user/yinkitty1614 (By note only)

*Contacting via this method means you (the client) agree to screenshots being taken of the conversation between the Client and Artist from the beginning to the end of the contract. Any messages that are found to be deleted or altered from the original may be grounds for termination of the transaction without warning or refund.

Requirements To Order:

In order to apply for a commission from YinKitty Studios, the client must be eighteen [18] years or older. They must additionally be able and willing to confirm this by providing their date of birth. The client must also be able and willing to have consistent contact with Marie of YinKitty Studios by one [1] of the three [3] methods of contact listed above for the entire duration of the contract.

The duration of the contract is defined as the time between the day the commission is paid for in full until the time that the commission is either completed or terminated.

Refunds

No Refunds of any kind will be given upon request. For a refund to take place, it will have to be an extenuating circumstance.

Refunds are NEVER promised until explicitly stated otherwise. Discussion of a refund DOES NOT guarantee that a refund will be given. Situations may be mentioned in this document that may warrant the client for CONSIDERATION of a refund, but they are not promised until Marie explicitly states otherwise!

Character Ownership Policy

The provided character must not be stolen. Marie will not create art with stolen characters!

A stolen character is defined as a character that is someone else’s design that the clientare using without purchase or permission from the creator.
Purchased adoptables are fine, but Marie reserves the right to require proof of purchase.
If at any time during the transaction Marie discovers that the client’s character is stolen, Marie may terminate your commission without refund.

If Marie have begun work on said commission and the cilent’s provided character design is found to be stolen, Marie will notify the proper owner.

Character Reference Sheet and Artistic Liberty

Reference sheets, as well as other reference images and even clear, descriptive descriptions of your character(s) go a long way. Even with paragraphs of description, as an artist Marie must fill in some of the blanks with her own artistic liberty.

Should the client see any issues with the piece and decide not to tell me, Marie cannot fix them before finalizing the piece, and therefore will not act upon complaints stated after the completion of the product.

Please know exactly how the client want it to look BEFORE the client come up in the queue to ensure a speedy and accurate commission.

If the client do not have any reference sheets or images to show me in order to assist in the creation process of your character, Marie may accept images of other characters that are SIMILAR to the look the client is going for WITH APPROPRIATE SOURCING.

This means the client is simply giving Marie these images that belong to other people to base the client’s own character off of. MARIE WILL NOT COPY ANOTHER ARTIST’S STYLE OR CHARACTER(S). A good example is showing Marie a picture of a copyrighted character, and saying having the client state want your wolf/canine character to have a similar color pallette or similar markings. The result will be in Marie’s style and harbor main differences than the copyrighted character.
The above applies to both legally copyrighted characters (such as those belonging to Disney, Pixar, Nickelodeon, etc.) as well as characters that simply are not owned by the client.
If the client uses images of other characters in this manner but do not disclose to Marie that they (the client) do not own the character(s) they (the client) are showing her, Marie will follow the standard stolen character procedure.
Appropriate Sourcing of an image is generally a link that leads directly to the image that was posted by the original artist on the original website.

If the client wants to commission their (the client’s) own character in an image with another person’s character, or simply commission YinKitty Sutdios for another’s character as a gift, Marie will require screenshots between the client and the owner of the character, or written permission from the owner of the character stating that they know that the client is commissioning Maire and using their (the other party that is neither Marie or the Client) character, and that they (the other party that is neither Marie or the Client) are in agreement with the commission as well as this terms of service.

Marie reserves the right to refuse service to anyone for any reason, and to blacklist anyone for any reason without warning.

Alterations to In-Progress Work

Once the client’s commission is up in the queue, YinKitty Studios will e-mail the client to begin the sketch/linework process. Marie prefers to stay in contact with her customers during this phase of the artwork process as it is easiest to make alterations as well as keep the queue in motion.

Before inking the lineart, any minor changes are free. Major changes (such as pose) will be an additional 25% of the original cost of the commission. It is up to Marie The Feligon alone to decide if a change is minor or major.
Limit 4 Major changes before inking.

Once inking and coloring is done, Marie requires the client to look over the piece and inform her of any changes needed within 24 HOURS. These will be the only times the client will be able to ask for changes.

**TRADITIONAL WORK ONLY**
- At the point of beginning the inking process, Marie physically cannot change the linework! Please make sure you (the client) is happy with the lines in the first communication that Marie sends, as she will not be able to fix the lines after inking!

Limit of 2 minor changes to completed linework (digital). No major changes allowed after the line work is completed.

Reference Sheets are the only exception to these rules.

**REFERENCE SHEET RULES**
- Changes can be made up until the commission is completed, to satisfy the customer the best 🙂
- After 5 minor changes, each minor change will cost 15% the original commission cost.
- After the 4 Major changes (at 25%), if more major changes are needed, each additional Major change will cost 50% the original commission cost. If the major change you’re asking for (say, an entirely new front and back pose for the 5th time) is deemed as excessive, Marie reserve the right to limit the client based on the situation.

Deadlines and Due Dates

Upon commissioning YinKitty Studios, the client’s request will be placed in a queue. The typical wait time from the day the client pays for the commission in full to the day the commission is completed and given to or shipped to the client can be anywhere between 3 weeks and 3 months.

This time is an ESTIMATE! Not a legally binding time contract! It is possible for the client’s commission to be done sooner than 3 weeks, as well as after the 3 month marker!
The time it takes to complete different commissions varies. The completion time is dependant on the complexity of the commission ordered as well as the complexity of commissions that are ahead of the order in the queue.

Marie promises to do her best to give her clients an accurate estimate of time that the client’s commission may take to complete.

Marie promises to do her best to complete the client’s commission in the amount of time provided to the client upon their submission for a commission to YinKitty Studios.

Marie’s promises are to DO HER BEST, not to have the client’s commission completed by the promised time. Marie will not provide a precise date that the client’s commission will be done, as she will not know until the commission is actually completed. All artwork takes an enormous amount of time and energy. Please understand that Marie is doing her best to produce the highest quality work in a reasonable amount of time.

Please note that Marie is only human. If her personal life takes a turn, she may not be able to complete commissions in a reasonable amount of time. In the event that she is no longer able to work on art (for whatever reason) she may present the client with the progress she has made on the client’s commission(s) well as a partial refund.
The above statement DOES NOT MEAN the client is allowed to demand a refund because Marie has not completed the client’s commission before the estimated completion time. Doing so can be seen as harassment, and Marie will follow what she deems the appropriate harassment protocol (see the Harassment Policy section of this document).

Acceptable Forms of Payment

All payments are to be in USD, any conversion fees are at the expense of the client. Payment is due upfront within 48 hours of the payment request being sent. Failure to fulfill the payment in full within 48 hours may result in the cancellation of the client’s service.The client may be reminded of the payment 24 hours after the request has been sent if it is not fulfilled by that time. The reminder that may be sent 24 hours after the request IS NOT GUARANTEED. If a reminder is not sent around that 24 hour mark, it DOES NOT negate the transaction, and the client still has another 24 hours to make the payment in full. Marie reserves the right to terminate any commission if it is not paid for within 48 hours of the payment request being sent, with or without a 24 hour reminder.

For Online Transactions:

PayPal
Square

For Payment in Person:

PayPal
Square
Credit Card
Cash

Rush Fees

Marie does not generally allow rush fees. However, she leaves that up to her discretion based upon the situation that the client presents to her as to why the client would like to rush the client’s commission. Should Marie decide to grant a rushed commission to the client, the client’s commission will automatically be pushed to the top of the queue.

Copyright:

Marie the Feligon holds all rights to any work or piece she produces unless otherwise discussed. These rights include (but are not limited to): posting, use in ads, use in galleries, or use in portfolios. If the client does not want Marie the Feligon to use the work or piece they commission in these ways, they may request to purchase the full rights of the work or piece prior to the completion of the work or piece, the rights cannot be bought after completion of the work or piece. Marie the Feligon’s signature is to remain on all works and pieces, regardless of who owns the rights. Altering the final product is not permitted.

The client is not permitted to alter the piece in any way, including (but not limited to) redraw, color, recolor, crop, etc., nor are they permitted to hire any other artist to alter the piece for them. By doing so, the client breaks these terms and will be blacklisted, and the other artist (where applicable) will be contacted and notified of the breach of this contract. The client is permitted to resize the piece, post the piece with credit to Marie the Feligon and a link to her page or her copy of the piece. When posting, please follow all rules for the desired posting site. The client may print copies of the piece(s) done for them by Marie the Feligon, however they are not permitted to distribute the work in any way, for profit or otherwise, without explicit permission from Marie.

Use of Marie the Feligon’s works for profit, advertisements, or for any business related content without permission from Marie the Feligon and appropriate compensation is not allowed. In the case that it is allowed, an agreement will be drafted and signed, with all parties involved in possession of a copy. Legal action will be taken against any who are found to be making profit from Marie the Feligon’s art without a copy of the agreement, which is identical to Marie the Feligon’s copy.

Harassment Policy

Harassment is defined as consistent pestering of the artist by means of excessive messages, asking the artist and/or others why your art is not done, insults, rallying against the artist, block-evading, and blacklist-evading.

Marie has an absolute ZERO TOLERANCE policy for harassment. Should Marie determine the client is harassing her, other customers, or just being generally unprofessional about the transaction, Marie may choose to discontinue the transaction. Depending on the level of severity of the harassment, a refund may or may not be issued.

If work has been started on your commission and the client is are found to be harassing me directly or indirectly, Marie may decide to discontinue the transaction and issue a partial refund for the time Marie has already spent on the client’s piece.
Refunds are not guaranteed! The amount Marie may refund you, should Marie decide to issue a refund, is entirely up to her discretion.

For severe cases, Marie may choose to blacklist a customer

Blacklisting means that the client is are placed on the Blacklist from commissioning OR ordering merchandise from me (depending on the severity).
Marie will not do any art of any character(s) belonging to someone on the blacklist. This means that if the client want to commission me to draw another person’s character and the owner of that character is blacklisted, Marie cannot and will not accept the commission.

The client may be blacklisted without warning! In this case, if the client does try to order something from me, the client will be given an explanation for your blacklist if the client doesn’t already know why the client was blacklisted.

Marie does not owe an explanation to the client if the aforementioned client has been blacklisted. In order for the client to be blacklisted, Marie reserves the right to simply place the client on the blacklist for any reason. Marie may not usually blacklist people out of the blue, however she reserves the right too should she feel it necessary for the situation.

Hours of Operation

Marie works a full-time day job during the week, and my artwork hours based on the availability that she has at home. Just because every hour of my day isn’t necessarily accounted for does not mean she is not “busy”. A general idea of when Marie may be working on art during the week is as follows:

Weekdays: 4pm – 8pm MST

Weekends & Holidays: 8am – 5pm MST

** For an updated Weekly schedule of when I’ll be working on commission and what not, join my Telegram Art Channel at https://t.me/YinKittyStudios ***