If you’re taking NSFW art commissions, or any commissions at all, you should have a Terms of Service agreement for your clients. “Terms of Service (ToS)?” you may ask. “You mean those things I never read when signing up on a website?” Yes, those. A ToS agreement is not only beneficial to you, but also to your clients. It shows them what they can and can’t do with their commission, how they can get a refund, and other details that could bite you in the butt if not documented before a transaction happens.
This article will go over some examples of what policies to include in your ToS, and why. But first, the obligatory disclaimer:
The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any subject matter. This information is only meant to help answer clients’ questions with consistent answers, while being transparent in your business practices. Follow any examples in this article at your own discretion.
Describe Your NSFW Art Commissions Process
I consider it to be a good idea to describe your commission process, because it gives a potential client a good idea of what to expect. I utilize check-ins at different stages of the art, for example. Clients also pay via invoice, not by Paypal, which I don’t accept as a payment option. In theory, having this information on my website tells folks that if they want a commission, they’ll receive regular updates from me, and they’ll need a bank or credit card to pay for it.
You can also include your timeframe for art completion in the process description. Clients will know upfront that you may take a week or even a month to finish their commission. If you’re just starting out and don’t have consistent completion times, give yourself extra leeway. It’s always better to finish early than late, but you should always keep your client informed of any delays.
Use your commission process description to tell clients what you’ll need from them and what they can expect from you throughout the process.
Detail the Usage Rights for BOTH Parties
Most NSFW art commissions are for private buyers, and the art is for their personal use, meaning for their enjoyment. However, you still need to make it clear that the commissioned art is ONLY for personal use and it is NOT allowed for commercial use. Art commissioned for commercial use needs a separate set of usage rights—and it also needs to be priced differently! Examples of commercial use includes, but are not limited to:
- Using the art for autograph prints
- Book covers
- Youtube video thumbnails
- And anything else used to earn money or advertise products/services
Is your client allowed to print their art to put on display at home? Can they use it as profile icons on personal social accounts? Describe what the customer is allowed to do with the art. You’ll also want to include a statement saying the art is not allowed for AI art generation or NFTs. Whenever a customer asks for permission to use the art a certain way, add it to your usage rights. If one client asked the question, another may also ask the same question. It’ll save you both time if the answer is easy to find.
Commercial usage rights for NSFW art commissions are a different can of worms, which we won’t cover in this article.
Refund Policies & Commission Cancellations
You’re hard at work on a drawing, when the client suddenly DMs you. They have to cancel the commission due to a medical emergency, and want a refund. What do you do? The answer is up to you, but like the rest of these policies, it can save you and the client a lot of headache if the answers are already available and easy to refer to.
Life happens and it can suck, so I choose to offer refunds if a client needs it. Since I utilize check-ins at the rough sketch, clean sketch, and lines/flat color stages, my refund policies are based on those check-ins. If I’ve finished the flat colors and the client needs to cancel, they’ll receive 50% of their money back and the art. I spend half of my time on rendering/shading, so this is logical. The unfinished art can’t be finished by other artists, and I’ll finish it if the client returns with the remaining payment.
It’s important to keep in mind that commissions aren’t just a product, it’s a one-of-a-kind service. You want to be paid for the work you’ve already done, because you’ll never get that time back. That’s also why I have check-ins; if the client approves of the art as it’s being created, they’re more likely to be satisfied with the end result, and less likely to ask for a refund because they don’t like it.
Wrapping it Up — Revisions & Edits
Speaking of clients not liking the art…our last point will be about revisions and edits. Check-ins help mitigate revision requests after the art is finished and delivered. If you forgot a mole or a necklace that holds significant importance to the client, they’ll be able to let you know before you put 50 overlay effect layers on top of everything. Sometimes, though, even the client can forget a detail until the end. What do you do?
If the revision is small, like a mole, it’s an easy fix. I won’t bother charging for that. But if they decide they want an arm to change position, add a prop, or make changes to details they already specifically approved of in the sketch stage, that will take more time and effort. My personal solution is to offer revisions at $15 per revision. Unfortunately for me, I created this policy after I spent a lot of unpaid time on major revisions that I should have said no to, but didn’t have the policy to back me up on it. Don’t be me!
In Conclusion…Your NSFW Art Commissions Need a ToS!
Overall, having a Terms of Service just means having information about your business practices and your policies easily available for your clients. It also helps you remember your own policies. I certainly can’t remember all of mine word-for-word! Display this information on your website, such as a Carrd site, or put them in a Google Doc. You can also put it in graphics and promo posts, but it’s much easier to have a link to them instead. Then your promo posts focus on the actual promotion, and potential clients can click the link to learn more.
It’s also highly recommended to have clients agree to your ToS before they pay. Some invoice tools will have a box for them; just paste it and go. Others may not, but may have a box for “notes” to the customer. You can paste them there, and let the client know they agree to those terms upon payment. I also have a box on my commission form that clients have to check in order to submit the form. The box says they’re over 18 and they’ve read and agree to my ToS.
Clients may forget or miss your ToS details, so they need to know what they’re agreeing to before payment. This will help avoid arguments over policy details if a problem arises. And remember, make it easy to find and access! If you’d like to see an example of an artist’s terms of service, you can view mine here. I’ve done my best to cover all my bases, but I update it as new situations arise or if I make changes.
Want more tips? Here’s some tips for keeping clients happy!