Terms of Service – Luca James Art

Terms of Service for Commissions

Requesting and accepting any service of Luca James Arts confirms that you have read, understand and agree to all of the terms and conditions. The client and artist for hire are bound by these terms and conditions. Breaking any terms within the agreement will result in a permanent blacklisting, excluding you from commissioning any future artwork from me. In some cases, legal action may be taken.

Statements containing “I”, “me” or “artist” refer directly to Luca James Art. Statements containing “you”, “your” or “client” refer to the party reading this document. Statements containing “we” refer to all parties.

Terms are subject to change.

1. Billing

Prices stated in the pricing guide are a baseline generalization of pricing. Exact quotes for commissioned pieces will be based on the following;

Piece detail and style (general baseline cost)
Projected hours to complete piece (hourly rate.)
(If applicable) deductions or rate adjustments based on your financial resources*

*any adjustments or deductions on the final price of a piece will be made at my discretion. These adjustments are limited.

The cost as determined by piece detail and style, as well as projected hours, will be determined by myself before I begin the project. Details, complexity, and style can be negotiated and adjusted to fit your budget for a piece. Design elements are determined by how much visual information needs to be portrayed in the image. For example, an ocean or a field is a flat plain with nothing obstructing the eye. I would consider this example a very simple artwork. A complex example would be a bustling city that has a lot of elements visually taking place. Anything complicated can be simplified to a reasonable degree so long as the visual information omitted is not required to portray the main idea effectively.

Once the details of the commission have been discussed and an agreement reached, I will have a final total for the piece. Unless more details are requested for the piece, that will be the final price for the commission. You won’t be charged for a commission until I begin working on it. You have the option of paying either the full amount up front or paying half of the final price at the beginning, and the rest once the project is complete. Finalized, full-resolution images of your commission will not be sent until you have paid in full. Once payment for at least 50% of the final price has been received, I will begin working on your commission within 2 business days.

I will complete commissions in the order that I receive them.

2. Refunds

If you would like to cancel your commission *BEFORE* I have started, you will receive a FULL refund if a payment has previously been made.

If you would like to cancel your commission and I have already begun work, you are entitled to a PARTIAL refund appropriate to the amount of work that was completed, along with a digital copy of the commission as-is.

At any time during the process, I can simplify a piece for a reduced price. You can expect a PARTIAL refund only if you paid more than the updated cost of the piece. If you do not pay the total amount for a piece that has been simplified, you will not receive the final product. If I complete the project before you ask for it to be simplified, you will still be expected to pay the full price for the work since I did the work to complete it.

(For example, if you had a $100 piece and wanted it simplified before I completed it, and the new price for the piece was $75, and you had paid only $50 so far, you would still have to pay the remaining $15 before I send you the final product.)

3. Process

To begin, it is important to provide picture references along with a written description if you already have a clear idea. This may include photos, other artwork, or even your own drawing (artistic skill not required). Reference material is not directly incorporated into the finished artwork. Any reference material provided will not be copied or directly recreated in any way.

Once I have begun working on your commission, I will start by sending a few different quick sketches for you to choose what direction you would like the commission to go in. These sketches are for me to try and visualize what you want to see. Then I will create another sketch based on the sketches you like most. I will send the final sketch to you along with a color palette to get your feedback.* The final artwork will be closely based on the sketches you like most. You will not be able to make any more major changes during the final draft without incurring extra time spent on the project. Any extra time added due to client requesting changes will be billed upon completion. A maximum of 3 final draft changes may be requested per project.

*please note – the sketches will accurately tell what the final piece will look like, but it will not be as pretty as the final piece. Art has an ugly stage!

Also note that the estimated hours to complete your commission are defined as literally every second spent “pen-to-paper”. This does not take into consideration the time spent in-between when I am not physically drawing and is not an accurate measurement of the time it will take for you to receive a finished product.

I will periodically update you throughout the process of your commission at reasonable points of interest, and at your request.

4. Printing

My art is drawn digitally and by nature of the medium, the finished artwork is not a physical piece of art. Upon completion, you will receive a web-optimized digital copy of the artwork. If you would like a physical print, I may order a product at your request to be sent to your address for an extra fee. If this is your intention from the beginning of the commission process, please note in our discussion, before I begin, I will need to know the dimensions you would like your final piece to be. There are some limitations as to the quality and size of the print.

Every commission will be drawn in a resolution suitable for art prints. I am also able to provide you with resources as to where you can request prints of your finished art on your own time with no additional fees from me. If you would like me to be responsible for creating and mailing a print from you, I will charge you for the cost of the print and shipping cost, plus an extra $5. An order for your print will be placed within one business day after payment is received and I will provide you with any relevant tracking numbers for shipping. Prints will be processed through a 3rd party manufacturer.

Prints may be requested at any time, including any time after the commission process is completed.

You are allowed to print the digital copy in any format you choose and display it at your discretion as long as you abide by the “personal use license” terms stated below.

5. Personal use License

I am creating artwork under a strict “Personal use license”. This means you may not alter, sell or take ownership of the artwork in any way. The Artist retains full ownership and rights to the commissioned artwork. Any other Intellectual property belongs to the original creators. You may post/display the unaltered image in a physical or online space for personal brand promotion material if you wish. Artwork may be shared in any form only if accompanied with proper credit and citation to my website or any one of my social media accounts. NO PROFITS* are to be made directly from the commissioned artwork.

*An exception to this expectation is that if you wish to commission a work of art for commercial use, you must state beforehand and I will sell the art and licensure for the art to you. Please note, any commissions intended for commercial use are NOT subject to price reductions and may be subject to an additional fee.

6. Emergency Termination

I retain the right to terminate or postpone a commission at my discretion. Situations that may warrant termination of a commission include:
– instances when a client is overly argumentative and disrespectful–resulting in an unnecessarily prolonged completion of a commission.
-an emergency situation described as, family emergency, act of God, or drastic decline of personal physical and/or mental health.
In the event that a situation like this occurs, you will be notified of the change in status of your commission as soon as possible. We will negotiate postponement, or you will be offered a refund appropriate to the amount of work that has been completed, along with a digital copy of the commission, as-is if applicable.