Terms and Conditions for Commission Requests

(Commission Policy)

 

Effective Date: March 22, 2025

Thank you for your interest in commissioning artwork from Rachel Bender/Bolohei, LLC (d/b/a Bolohei Studio). By submitting a commission request on this website, you agree to the following terms and conditions. Please read them carefully before proceeding with your request. Our Terms of Service (Terms and Conditions), Privacy Policy, Shipping Policy, and Return and Refund Policy, are each incorporated hereto. The Commission Policy shall be read in accordance with those policies. 

Throughout the site and the below policy, the terms “we”, “us”, “our”, and the "Artist", refer to Bolohei, LLC, Bolohei Studio, Rachel Bender Art, and/or Rachel Bender. References to Bolohei, LLC, Bolohei Studio, Rachel Bender Art, and Rachel Bender, individually or collectively, is reference to each or all individually or collectively.

Any references to "you" and the "Client" refer to the person(s) requesting the commission, signing the Contract, and/or delivering payment for services.

1. Commission Request Process

All commission requests must be submitted via the designated form on this website or through other specified methods. Requests made outside these channels may not be accepted.

Upon submitting a commission request, you will receive an acknowledgment of your submission. This does not guarantee acceptance of the commission.

The Artist will review the request and provide you with a quote, estimated timeline, and further details about the process. Once the quote is approved and payment terms are agreed upon, a Commission Contract (the "Contract") will be provided to you with those terms. The commission will be scheduled and confirmed only after you and the Artist agree to and sign the Contract, and only after any deposits/payments/fees are received by the Artist per the terms of the Contract.

2. Payment Terms

All commissions require a non-refundable deposit of 55% of the total quoted price before work begins. The remaining balance must be paid upon completion of the artwork. Payments must be made in USD via credit card, Shopify Payments, Quickbooks Payments, Venmo, or cashier's check. No work will commence until the deposit is received. Prices are based on the complexity of the commission and may vary. Any additional requests or revisions that affect the scope of the project will incur extra charges.

 3. Ownership and Rights

The Client agrees that the commissioned artwork is the intellectual property of the Artist. The Artist retains full copyright of the commissioned artwork. However, the Client is granted a limited license for personal use of the artwork. Personal use includes displaying, sharing, and printing the artwork for non-commercial purposes. Commercial use (e.g., using the artwork for merchandise, advertising, etc.) requires explicit permission from the Artist and may incur additional fees. The Client may not alter or claim the artwork as their own creation. The Artist reserves the right to use the commissioned artwork on the Artist's website and in portfolios, social media, promotional materials, Call for Artist submissions, art competitions, art fairs, and the like, unless otherwise agreed upon.

 4. Revisions and Changes

Clients are entitled to two rounds of revisions during the creation process. Further revisions or substantial changes to the initial concept will incur additional fees. If significant changes to the original request are made after work has begun, the artist will provide a new quote based on the updated specifications. Once the artwork is completed and the client has approved it, no further revisions can be made unless explicitly agreed upon by both parties.

5. Completion and Delivery

The estimated completion timeline will be provided after the commission is confirmed and detailed in the Contract. Delays may occur due to unforeseen circumstances, but the Artist will notify the client if such delays happen. Upon completion, the original physical artwork will be delivered to the Client as detailed in the Contract. Shipping the artwork may incur additional shipping fees.

6. Cancellation and Refund Policy

The Client may cancel the commission request at any time before work has commenced, or with 48 hours of paying the deposit, whichever is sooner. In such cases, the deposit will be refunded. If the Client cancels the commission after work has begun, or more than 48 hours after paying the deposit, the deposit will not be refunded.

If the Artist is unable to complete the commission due to unforeseen circumstances (e.g., health issues, personal emergencies), the Artist will refund the deposit in full. 

7. Client Responsibilities

The Client must provide clear, detailed instructions and reference materials for the commission. This includes specifying the desired style, subject matter, color palette, etc. Failure to provide adequate reference materials or clear instructions may lead to delays or additional charges for revisions. The Client agrees to respond to communication from the Artist in a timely manner to ensure the commission is completed according to the agreed-upon timeline. 

 8. Limitations of Liability

The Artist is not responsible for any issues or damages arising from the use or display of the commissioned artwork once it has been delivered to the Client. The Artist does not guarantee satisfaction with the final artwork if the Client has approved the initial drafts or has failed to communicate revisions during the process. Buyer's remorse is not a basis or valid reason for a refund.

9. Confidentiality and Privacy

Any personal information provided by the Client will be used solely for the purpose of completing the commission and will not be shared with third parties without the Client's consent, except as required by law. The Artist may keep records of the commission for portfolio purposes, but personal details will not be shared.

10. Amendments to Commission Policy Terms and Conditions

The Artist reserves the right to amend these Commission Policy Terms and Conditions at any time. Any updates will be reflected on this page, and it is the responsibility of the Client to review these terms periodically.

By submitting a commission request, you acknowledge that you have read, understood, and agreed to these Commission Policy Terms and Conditions. If you have any questions or concerns, please contact hello@bolohei.com before proceeding with your request.