These TOS are for private, non-commercial commissions. If you are considering a commercial commission, please contact the artist to discuss pricing and terms.

Please read the terms below before sending payment. If something is unclear, feel free to send questions or concerns to ccarpenter (at) wintersoulstudios (dot) com

Prices
1). The prices on display are minimum estimates. Before the commission begins, a price must be agreed upon by the artist and the client. Prices may vary depending on the end use, size, medium, complexity, background, and overall difficulty of the commission.

Payment
2). Payments accepted in USD only, through Paypal or Square. Please wait for the invoice, do not send money directly unless the artist specifically requests.
3). Payment is due by the set deadline. If no deadline is set, payment will be due within the first three days of the invoice being sent. Late payment may result in a refund and the loss of the slot.
4). Payments $250 and under are to be made fully in advance. For anything over $250, payment plans may be available. Payment plans must be agreed upon before the first payment is sent.
5). Files, rights, and artwork will only be fully transferred upon completion of payment.
6). Refund Policy: If the client chooses to cancel a commission before work has begun, the artist will retain 5% of the original fee. If the client cancels after sketches are completed, half of the original fee may be refunded. If the client cancels after the color stage or after the art is completed, no refund may be given. The same refund policy applies if the artist is unable to complete the project due to unforeseen circumstances (for example, but not limited to, emergencies such as illness or disasters), or due to inappropriate behavior or poor communication from the client. Abandoned projects are covered in article #11 under "Process".
7). If the client has any issues with billing, it is their responsibility to contact the artist with concerns before filing any kind of chargeback or dispute. If the artist receives a chargeback or payment dispute, the project may be suspended without notice. A $50 chargeback fee will be applied (to cover any potential fees passed on by the bank/Paypal/etc.), along with any outstanding fees which must be paid before any files are delivered. Depending on the severity of the case, the artist may choose to reject any future commissions from the client.

Process
8). Clear, concise visual references and/or descriptions must be provided by the client.
9). The artist may ask the client to approve process sketches, and the client may ask for revisions in the sketch stages. For works under $100, it is up to the artist's discretion whether or not process sketches will be sent, as the price for smaller projects do not include multiple revisions.
10). During the process of the commission, the artist will update the client through e-mail as often as necessary (which are referred to as "WIP updates"). The client is welcome to check for updates when they feel it is necessary, and when a reasonable amount of time has passed since the last update (1-2 weeks minimum, or within agreed upon deadlines). When work in progress (WIP) updates are sent, the artist may ask the client to approve the stage before moving on, in which case the client is asked to respond in a timely manner (3-7 days is ideal).
11). It is the client's responsibility to inform the artist of time periods in which the client will not be able to respond to WIP updates. If there is no response to a WIP approval stage within the timeframe of 2 months, the project will be considered abandoned, and the artist may choose to cancel the project. For abandoned projects, the artist will retain a 5% fee in addition to payment made for work up to the stage needing approval.
12). For organizational purposes, communications about the commission will only be make through email (ccarpenter (at) wintersoulstudios (dot) com, or alightir (at) gmail (dot) com), or if the purchase was made through Etsy, the Etsy message system may be used. The artist will not communicate about a commission through personal notes, instant messengers, or public forums.
13). The artist may not be available to answer emails on scheduled days off (for example, the weekends or holidays), or during emergencies. Replies from the artist usually are sent within a week. The client is welcome to either resend the email, and/or try to reach the artist through the backup email (alightir (at) gmail (dot) com).
14). Please keep revisions to the commission reasonable and in the early sketch stages. Additional fees will be charged after 3 revisions, and for revisions requiring a new direction in the assignment. Minor adjustments may be made after the commission is complete.

Rights
15). The artist has the right to decline a commission for any reason.
16). The artist may refund and cancel a commission for any reason, including due to poor communication, rude or inappropriate behavior, or inability to communicate in effective English.
17). The artist may recycle sketches and preparatory work rejected by the client for use in other commissions and/or personal work.
18). The artist retains all rights to the commissioned piece, including but not limited to, printing rights, distribution rights, and the right to display commissioned work on the artist's personal website/galleries for use in things such as their portfolio or self promotion. Rights may be negotiated, additional fees may be applied.
19). The client may not profit from the artwork beyond the resale of a physical original painting or original drawing. The client may not resell the rights to an image or the digital files of an image. No images made by the artist may be used in any blockchain related technology, including Non-Fungible Tokens (NFT), cryptocurrency, or future inventions in this space.
20). The client cannot use, sell, or license the artist's work to train any AI or algorithm. This includes all stages of the artist's work, from sketches to final. The client must disclose to the artist if any provided reference was created via AI at any point, as the artist may decide to reject projects involving the use of AI tools.
21). The client retains all rights to their respective characters.
22). Alterations of the final artwork are to be made only by the artist. After acceptance of the final piece, if further alterations to the artwork are required, additional payment will be charged over the original amount.
23). The client may re-post their commission under the conditions that they only post the low resolution, watermarked version of the piece, and credit is given linking back to the artist's gallery.
24). The client may create a print for their personal use (non-commercial, such as display in their home). The client is also permitted to crop the artwork to create icons or wallpapers for personal use. The client may still not alter the final artwork, however. The artist will provide a lower resolution digital file which the client is welcome to post on personal gallery websites with the proper credit attached (see article 22).
25). If the work is time-sensitive, such as a gift, the client may ask to delay any public showcasing of the work by giving the artist a specific date at which the work may be displayed.

Shipping/Originals
26). If the client has ordered a traditional commission, shipping fees may apply. By default, shipping is done through USPS, fees will vary if the client wishes to use another carrier. The final fee will be discussed in the agreement, usually shipping is around $3-$5. International fees may vary.
27). For digital commissions, the client will receive a high resolution file along with a smaller, resized file, (if a specific size is needed, this will be discussed before agreeing upon a final price). If the client wishes, a quality print up to 13in x 19in of a digital commission can be shipped. Additional shipping and printing fees may apply.
28). It is the responsibility of the client to update the artist about changes of address. The artist generally double checks addresses before shipping, however, the client needs to stay proactive in keeping the artist informed.

Content
29). The artist will not depict illegal activities, racism or hateful images, material adult in nature (such as pornography), or trademarked characters (without the written permission from the trademark holder). Artistic nudity, non-explicit fetishes, or violence will be considered on a case by case basis, and the degree/nature of the subject will be agreed upon before work begins.

Sculpture and Casting
30). All sculptures are sculpted, painted, and cast in the USA, by the hand of the artist. Editions of the molds are in control of the artist.
31). The artist's casting schedule is currently affected by the weather. By agreeing to the TOS, the client understands that casting dates will be determined based on this factor, and may be changed due to circumstances beyond the artist's control.
32). Size, materials, timeline, and editions of commissioned sculptures must be determined before settling on a final price.
33). Molds for one-of-a-kind casts will be retired immediately upon obtaining a satisfactory cast. If it is determined that the sculpture will not be one-of-a-kind, the artist will reserve the right to sell additional casts from the mold. Prices of the additional casts will be determined by the artist, and based on whatever the artist feels would be fair compensation for their work. The client will still retain the ability to direct the sculpture and receive WIP updates, similar to the process for other commissioned artwork.
34). The client may not produce additional sculptures from the artist's work (for example, by means of 3D Printing, casting, etc.). The client may take photos for display on social media, art sites, showing friends, etc., given that proper credit is given.
35). The artist will provide care information for the sculpture, including repair advice, and strives to make all sculptures and pendants as sturdy as possible within the limits of the materials used. Keep in mind, these are still pieces of art, and therefore pieces such as pendants will show wear over time. Following care instructions will extend the life of the artwork. Any information given about damage will be put towards making sculptural work sturdier in the future, so reports on damage are much appreciated and encouraged. Should there be damage due to unforeseen defects in casting or materials, the client should contact the artist to work out a solution.
36). Chargebacks made due to damage, without speaking to the artist, will be seen as a violation of the TOS. Each case must be carefully examined to determine the cause of damage, and possible repair solutions. Please speak to the artist directly to work out possible repairs, or in extreme cases refunds.
37). The sculpture will be packaged for shipping as securely as possible, but once the item is shipped, the artist has no control over the care of the artwork, and once it is in the hands of the client, the care is the responsibility of the client. The client is welcome (and encouraged) to email the artist directly, should any damage occur.
38). All sculptures are meant for the end purpose of being collectibles, not children's toys. Small parts and paint may be a hazard to young children.

By sending payment, you, (the client), understand and agree to the above terms of service.

*Most recent update to the TOS was made on March 1st, 2024.

Click here to go back to basic info and the process.