Commissions Terms of Service
These Terms of Service apply to NON-COMMERCIAL projects only. For commercial projects, terms will be defined in a contract.
0. Quotes, Pricing, and Payment
Base prices are subject to change without notice. Quotes requested or discussed prior to price updates are not affected.
Given a complete description of a commission idea, a quote will be provided. Quotes are good for 30 days.
Commissions up to $100:
Full payment is required prior to the Artists beginning the work, unless otherwise discussed and agreed upon by the Artist and the Client.
Commissions under $101 are nonrefundable once work has begun.
Preparatory sketchwork is not provided for Client approval unless specifically requested.
Excessive requests to change or alter sketchwork will incur additional fees.
Changes and alterations to completed work in traditional media is not possible.
Commissions over $100:
For commissions over $100, initial quotes are preliminary.
Following the Client’s approval of the preliminary quote, preparatory sketchwork begins.
The preliminary quote is subject to change during the sketching period, where unforeseeable difficulties and changes in composition may arise. The Client may only request changes be made during this sketch period. If excessive changes are requested, a down payment may be required before further work.
If, after preparatory sketchwork has begun or been completed, a Client never follows through with the full commission, they may be barred from further commissions until that commission is completed or otherwise resolved.
Initial payment is due within $14 days of a sketch and a final quote is provided. Failure to render payment within the specified time may null the commission and provided quote.
By default, a minimum of $100 or 50% payment, whichever is more, is due before final work begins, but other options can be discussed and arranged for.
For commissions done in multiple payments, all payments already received are nonrefundable.
For commissions paid in full up front, a partial refund can be arranged depending on the amount of work already completed.
If the Artist has already finished all work pertaining to the commission, it is nonrefundable.
The Artist is not responsible for shipped goods after they enter the postal system. Basic tracking is included for all domestic US shipping. Other types of tracking or delivery confirmation, including those for international orders, must be negotiated beforehand.
1. Contact, Communication, and Cancellation
The Artist and Client will communicate via email, unless previously agreed upon between the Artist and Client. The Artist will not discuss commission work via an instant messaging, journal or public forum service. Please do not attempt to discuss commission work the Artist via social media platforms or public forum topics.
At any point during a commission, if the Artist does not receive a needed reply from the Client within two weeks (14 days), the commission may be cancelled. If payment has already been received in whole or in part, full or partial refunds are left to the Artist’s discretion depending on the amount of work already completed.
Estimated turnaround is provided at the time of the first (or only) payment unless a deadline has already been discussed. If unexpected issues arise, the Artist will contact the Client as soon as possible to provide a new estimated completion date. If this becomes excessive, the Client may request a full or partial refund, depending on the amount of work already completed.
For more intensive commissions, the Artist may provide periodic updates at various steps like lineart, flat colors, shading, background, etc. If a multiple payment plan is arranged, these updates will generally coincide with each partial payment. For smaller commissions, to provide prompt turnarounds, no periodic updates are provided unless specifically requested.
The Artist does not necessarily work on commissions on a first-come, first-served basis. Smaller commissions may be bumped in front of larger commissions for convenience, and several larger projects may be worked on concurrently.
The Artist may cancel the commission at any time if the Client is excessively or continuously rude, demanding, childish, inappropriate, or abusive. The Client will not be refunded and will be blacklisted.
The Artist may refuse service to any Client for any reason.
2. Content and Subject Matter
Except for “artistic license” commissions, the Client should already have a general idea of what they want before initiating contact with the Artist. If the Client is unsure about certain details, the Artist can provide suggestions, but the core of the commission should already have been decided.
Reference pictures and/or photos should be provided by the Client when appropriate and/or when reasonably requested by the Artist. NSFW (Not Safe For Work) links or images should be marked as such. Supplementary references may be suggested by the Artist if the Artist finds certain details unclear.
The Artist will retain the privacy/confidentiality of the Client, unless otherwise discussed and agreed upon by the Artist and the Client. This includes, but is not limited to, Client name, address, contact information, and reference material.
The Artist will NOT handle any pornographic or purposely hateful commissions. Sexually explicit commissions, artistic nudity, violence, gore, and satirical work will be considered on a case-by-case basis.
The Artist reserves the right to refuse any commission for any reason.
3. Display, Usage, and Rights
Unless otherwise negotiated, the Artist retains all rights to the artwork, including licensing and reproduction rights.
The Artist has no claim of ownership on characters depicted.
The Client may use the artwork for non-commercial, non-promotional purposes.
The Client cannot directly alter the artwork itself (e.g. The Client cannot change the hair color or other features of depicted characters, scenes, landscapes, etc).
The Artist may display commissioned work on any personal website or gallery, create prints or other products, use commissioned work in promotional materials, etc. If the commissioned work is a time-sensitive gift, the Artist may delay public showcase at the request of the Client.
If the Art is a physical, real media piece and the Client chooses not to receive the original, the Artist may sell it at a later date.
Terms and Conditions of Artist’s Proofs, Limited Edition and Open Print Sales
These Terms of Service apply to NON-COMMERCIAL projects only. For commercial projects, terms will be defined in a contract.
0. Definitions
These terms and conditions apply to the purchase of all forms of print (herein “artist’s proof”, "limited edition print", “giclee”, "print") across all editions - including "open edition", "limited edition" and "artist's proof" - regardless of payment amount.
The terms and conditions below form part of the contract between me (“our”, “Hope Batterson”, “Lilith Le Fay”, “Hope Fuchs”, “we”, “I”, “mine”, “me”, “my”) and you (“buyer”, “customer”, “you”) and are the basis on which any disagreement will be considered.
By purchasing a limited edition print, you are acknowledging and agreeing to the terms and conditions set about below.
1. Edition Types
"Artist's Proof" - A photographic fine art print, limited to a maximum edition run of 10 worldwide across all sizes. Each artist's proof print is inspected, hand signed and marked with the edition type and number by Hope Batterson (also known as Lilith Le Fay and Hope Fuchs), and comes with a certificate of authenticity.
"Limited Edition" - A photographic fine art print, limited to a maximum edition run of 100 worldwide across all sizes. Each limited edition print is inspected, hand signed and marked with the edition type and number by Hope Batterson (also known as Lilith Le Fay and Hope Fuchs).
"Open Edition" or "Poster Edition" - A reproduction print, unlimited in number worldwide, produced as part of a larger edition run with no signature or certification.
2. Customer Responsibilities
By purchasing a print of any kind, you are confirming that you have read the associated print description and selected the appropriate edition type and size as required by you.
By purchasing a bespoke or custom size print, you must confirm in writing the exact dimensions as required by you before your order is deemed accepted by me.
3. Ordering
All orders must be submitted via the artist’s website ("https://www.hopebatterson.com", herein "website") in accordance with the instructions set out on each step and page of the checkout process, via email, or via social media (subject to my discretion). Every order will generate a personalized invoice delivered to you via email.
You are responsible for ensuring the completeness and accuracy of your order details and Hope Batterson (also known as “Lilith Le Fay” and “Hope Fuchs”) will not be liable for any failure by you to provide complete and accurate information in your order.
All print orders are for custom, made to measure, on-demand photographic fine art prints - either built into a custom frame or provided as a rolled loose-leaf print.
You understand and accept that all images displayed on this website and social media (including but not limited to Instagram, Facebook, and Twitter) are purely indicative of the final product, subject to variances in display technology and color rendition, and that delivered products may deviate slightly from my on-screen depiction due to these factors, along with changes during the manufacturing process itself.
Orders may only be deemed to have been accepted by me upon receipt of payment in writing (which may be by e-mail), along with relevant order reference number.
I reserve the right to:
Reject any order submitted by you for any reason. Note, in particular, that orders by customers in certain countries may be held for inspection and checks for fraudulent payment methods prior to acceptance by me.
Cancel any order before delivery of the relevant print in the event any payment of the full order value fails.
Without limitation to any provisions relating to Limitation of Liability, I will not be liable or otherwise responsible for any loss or damage caused to you by cancellation of an order by me.
4. Delivery
Standard production and delivery times are 2-3 weeks from the point of order, although I will always endeavor to reduce this where possible.
Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation unless there is an event outside my control. If I am unable to meet the estimated delivery date because of an event outside of my control, I will contact you with a revised estimated delivery date.
Delivery will be completed when the print(s) are delivered to the shipping address you gave me when ordering.
If no one is available at the shipping address to take delivery, I may arrange with the carrier to attempt to redeliver the item upon your request. Otherwise, it will be up to you to collect from the depot described on the delivery notice.
The print(s) will be your responsibility from the completion of delivery.
You own the print(s) once I have received payment in full, including any applicable delivery charges.
You are responsible for inspecting the external packaging of the print(s), on receipt, and marking any noticeable damage on the delivery confirmation receipt and capturing detailed photographs of the issue, as required by the courier.
Any items which are significantly damaged are outside of my control. Should your print(s) arrive in a significantly damaged state, please contact me. I reserve the right to refuse a replacement print for any reason, at any time. I am not responsible for any damage that occurs during shipping, handling, and/or delivery.
Should any damage be discovered at the point of delivery, you must provide me with photographs of the specific areas of concern along with the entire package, with shipping label showing, to assist in my ability to raise a suitable claim with the courier.
Failure to inform me of any damage to the print(s) within 24 hours of the courier's delivery receipt will mean you have confirmed your acceptance of your order in good condition.
5. Returns
All print orders are for custom, made to measure, on-demand photographic fine art prints. As such, I reserve the right to refuse cancellation of any order at any time, for any reason.
All orders that are delivered and confirmed as undamaged, or where I have not been informed of any courier damage within 24 hours of delivery, are deemed to have been accepted by you in good condition and will no longer be replaced by me for free on return of the damaged item for disposal.
Any damage caused after successful delivery is the responsibility of the customer, and any replacements will be provided subject to payment of the current print price on the website.
Damage caused during self-organized framing or mounting is the responsibility of the customer, and no refund will be given for prints that have been spoiled in this way.
6. Customs, Excise Duties & Import Taxes
All prints are produced and shipped from the United States of America.
As a responsible international seller, I am legally bound to provide information to the relevant import and export authorities when shipping prints to countries outside of the US.
I will ensure, where appropriate, that the value stated for the purposes of import and export to the country of delivery is accurate and correct, reflecting the actual material replacement cost of the order.
The payment of any import customs charges, duties, and taxes, whether local or international, is the responsibility of the customer.
Any deliveries which are returned due to non-payment of customs charges, duties or other taxes will be considered complete and non-refundable.
7. Events Outside of My Control
I will not be liable or responsible for any failure to perform, or delay in performance of, any of my obligations under this contract that is caused by an event outside of my control.
An event outside of my control means any act or event beyond my reasonable control, including but not limited to strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an event outside of my control takes place that affects the performance of my obligations under this contract:
I will contact you as soon as reasonably possible to notify you; and
My obligations under this contract will be suspended and the time for performance of my obligations will be extended for the duration of the event outside of my control. Where the event outside of my control affects the delivery of your print(s) to you, I will arrange a new delivery date with you after the event outside of my control is over.
8. Print Guarantee & Warranty
All prints are provided with a guarantee against color degradation and fading, limited in time to the lifetime of the original purchaser.
This guarantee means that I will provide you with replacement print of the same size, specification, and image where the visible color content has deteriorated below 50% of its original saturation and density, subject to the following conditions and evidence being provided of the same:
The print(s) must have been stored and displayed out of any form of direct sunlight during its entire lifetime.
Photographs of the print(s) in their final position have been provided to me to ensure suitable placement in their desired location, away from climate-control facilities or other sources of heat and cold.
The print(s) must have been protected behind a material capable of removing at least 95% of all Ultra-Violet wavelengths of light during its entire lifetime.
The print(s) have not been subjected to any temperature below 32°F or above 82°F which has been sustained for periods of more than 4 hours during its lifetime.
The print(s) have not been touched directly by any organic object or being, nor exposed to any form of liquid or potentially damaging substance during its entire lifetime.
To invoke the guaranteed replacement warranty, a claim should be sent by you to me in writing, detailing the specifics of the damage caused by fading, including photographs of the print(s) in question.
On receipt of a valid claim, I may require further independent specialist opinion to confirm the likely cause of damage.
Following confirmation by me (subject to any specialist opinion), a replacement print will be provided to you free of charge.
On receipt of the replacement, the original print must be either returned to me or destroyed (at my discretion) with proof of sending or destruction being provided by you within 3 working days.
This guarantee does not apply where the print has been damaged due to obvious wear and tear or accidental damage during the period of possession by the customer.
9. Price of Prints & Delivery
The prices of the prints will be as quoted on my site from time to time. I take all reasonable care to ensure that these prices are correct at the time when the relevant information was entered into the system. However:
It is always possible that, despite my reasonable efforts, some of the prints on my site may be incorrectly priced. If I discover an error in the price of a print you have ordered I will inform you of this error and I will give you the option of continuing to purchase the print at the correct price or cancelling your order. I will not process your order until I have your instructions. If I am unable to contact you using the contact details you provided during the order process, I will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, I do not have to provide the prints to you at the incorrect (lower) price.
Prices for my prints may change from time to time, but changes will not affect any order which I have confirmed with an invoice, provided payment is received within 30 days upon receipt of the invoice.
The price of a Product does not include delivery charges. My delivery charges are as quoted on my site from time to time. To check relevant delivery charges, please refer to the "Delivery" line at checkout, or on your written, personalized invoice.
10. Print Formats
Unless stated on your order confirmation and receipt, all prints are delivered as "loose photographs", in a rolled tube with protective packaging.
Where I have offered framing or mounting, and this option is included in your order confirmation, the print(s) will arrive fully assembled in your chosen format, in a protective shipping container or package.
All images on this website and on social media (including but not limited to Instagram, Facebook, and Twitter) are intended to be an indicative preview of the final output and should not be relied upon as a completely accurate representation of the final product.
You hold sole responsibility for framing or mounting your print(s), including any damage caused during this process as detailed in section 5.
All sizes listed on this site are for the print itself - with any requested frames being an addition to these dimensions.
To accommodate for production tolerances, all listed dimensions are agreed to be +/- 2% in measurement.
11. Copyright and Ownership
By purchasing a print from me, you understand that you own a copy of an original photograph as captured by the original creator, Hope Batterson (also known as Hope Fuchs, Hope Batterson Fuchs, and Lilith Le Fay).
At no point do you, or will you, own the copyright of any image purchased from me as a print.
Prints may not be reproduced, copied, shared electronically, or used for any commercial purposes without my prior, express permission and any applicable fee (as determined by me) being paid.
It is illegal to produce copies of any work which is copyrighted by me, and I reserve the right to request legal assistance to enforce any applicable laws should any breach of copyright be discovered.
12. Payment
You can pay for print(s) using my chosen secure credit card gateway online.
Payment for the print(s) and all applicable delivery charges must be made in advance.
Upon receipt of payment, this contract is then deemed to be in force and all applicable clauses and terms apply.
Once delivery of your order has been signed for as accepted, your order and payment are considered complete.
13. My Right to Vary These Terms
I may revise these Terms from time to time.
Every time you order prints from me, the Terms in force at that time will apply to the Contract between you and me.
The Terms applicable to your contract will be determined as those published and active on the date your order was placed.
14. Privacy and Data Protection
I am the sole owner of the information collected on my website, through social media (including but not limited to Instagram, Facebook, and Twitter), and through text messaging. I only have access to/collect information that you voluntarily give me via email, social media, or text messaging, or other direct contact from you. I will not sell or rent this information to anyone.
I will use your information to respond to you, regarding the reason you contacted me. I will not share your information with any third party, other than as necessary to fulfill your request, e.g. to ship an order.
Unless you ask me not to, I may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.
Your Access to and Control Over Information:
You may opt out of any future contacts from me at any time. You can do the following at any time by contacting me via the email address or phone number given on my website:
See what data I have about you, if any.
Change/correct any data I have about you.
Have me delete any data I have about you.
Express any concern you have about my use of your data.
15. Jurisdiction and Disputes
These terms are governed by American law.
I may transfer my rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if I agree in writing. However, if you have purchased a print as a gift, you may transfer the benefit of my guarantee in clause 8 to the recipient of the gift without needing to ask our consent.
This contract is between you and me. No other person shall have any rights to enforce any of its terms. However, the recipient of your gift of a print will have the benefit of my guarantee at clause 8, but I and you will not need their consent to cancel or make any changes to these Terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If I fail to insist that you perform any of your obligations under these Terms, or if I do not enforce my rights against you, or if I delay in doing so, that will not mean that I have waived my rights against you and will not mean that you do not have to comply with those obligations. If I do waive a default by you, I will only do so in writing, and that will not mean that I will automatically waive any later default by you.
This Contract for the purchase of prints through my site or social media and any dispute or claim arising out of or in connection with it will be governed by American law. You and I both agree to that the courts of the United States of America will have non-exclusive jurisdiction.
16. Current Version of these Terms & Conditions
These Terms and Conditions were last updated on March 27, 2023, and replace any prior versions in their complete form.