Terms of Service

EmSheepStudios Terms of Service

For the entirety of this document, any phrases such as “artist”, “I”, “mine” and “myself” shall refer to the owner and operator of EmSheepStudios. (See end of document for my list of artistic profiles, websites and galleries, as well as alternative usernames.)

For the entirety of this document, any references made to the reader shall refer to any and all commissioners and clients.

Last Revised: 9/10/2016

Contact

  • Privates notes via FurAffinity, Twitter, etc. can be sent as initial contact (find me on the websites listed at the end of this document), but will be redirected to business email, emsheepstudios@gmail.com.
  • As of 9/10/2016, I no long provide custom artwork to minors, meaning I will only be accepting commissions from people 18 or older. I simply draw too much mature content to purposefully attract an audience of minors. Thank you for understanding.

Payment

  • PayPal is most preferred, but I may be willing to work with Google Wallet. Other cash options, inquire.
  • I may accept physical goods, such as computer parts, video games and related products, and handmade items, as payment / barter / trade at my own discretion.
  • DO NOT send money on your own; payment requests are sent PayPal Invoice. Any money sent to my PayPal.me link will be considered a tip.
  • Payments plans may be negotiated, but work will not be started past the value paid. (IE, your total is $65, but you’ve made a partial payment of $20. I will do up to $20 worth of work until further payment is received.)
  • Tips are welcome, and extremely appreciated, but will not boost your commission’s priority. Details on rush orders can be found further down.

Will / Will not Draw

  • I will draw nearly all mammals, both fictional and real, including furry art.
  • I will draw sexual content of anthro mammals and possibly humanoids.
  • I will draw all sexes and gender, including trans individuals and intersex individuals.
  • I will draw mild to heavy BDSM, with exclusions. Inquire for further information.
  • I will draw cannabis use, as I firmly believe cannabis is a medicine, not a drug. I may also draw implied mushroom usage on a case-by-case basis. (“Trippy” backgrounds, hypno-eyes, etc.)
  • I will draw hypno, mild hyper, mild gore, mild macro/micro, size difference, mild watersports upon occasion, mild gore upon occasion, and some monsters on a case-by-case basis.
  • I will draw your pets in a pet-portrait style sketch. Inquire for pricing, varies from case-to-case.
  • I will NOT draw feral / quadrupedal mammals in sexual situations.
  • I will NOT draw any minor, fictional or real, in any sexual and/or adult situation.
  • I will NOT draw tattoos on furry art and/or characters.
  • I will NOT draw multiple sets of breasts or nipples.
  • I will NOT draw the following kinks: extreme hyper, extreme fat, extreme macro, inflation, violence and/or abuse, extreme body mutilation, scat/feces, heavy watersports, multiple sets of genitals, non-con.
  • I will NOT draw drug use, such as acid, meth, heroine, or any other man-made drug.
  • I will NOT draw non-consensual acts or themes, implied or otherwise. I DO draw consenting adult characters engaging in BDSM oriented sexual acts that may visually appear non-consensual. (For example; extreme bondage, rough sex.) Please remember that these images in no way depict or encourage rape, nor do I as an artist or person. There are absolutely no exceptions.

If you don’t see what you’re looking for in either of the above lists, please inquire! Clearly I have an update to add. 😉 The worst I can do is say no, and I will never kink (or otherwise) shame you before, during, or after inquiring about a commission.

I reserve the rights to refuse or accept any commission based on content, regardless of the lists above.

I reserve the right to artistic freedom, regardless of suggested poses.

Fees and Additional Charges

  • Rush Orders and Deadlines
    • I must be given a minimum of two weeks to work on any one image. (I may make an exception for same-day sketch commissions, up to and including flat color, but excluding full color.)
    • I may apply rush fees at my discretion. The amount can and will vary on a case-by-case basis.
    • Rush Orders will be given priority over commissions without deadlines (Standard Orders). Commissions with closer deadlines will be given priority over those farther-away deadlines. Without placing a Rush Order, commissions will be work on at my discretion.
  • Revisions and Edits
    • Revisions that are required due to my error(s) are free. Revisions requested, approved and applied due to commissioner’s error(s), mutual misunderstanding, lack of communication, or reference sheet error(s) are subject to additional fees at the artist’s discretion, or may be rejected by the artist for any reason.
    • Revisions may be requested up to 48 hours after finished artwork is delivered to you via e-mail. If approved, revisions will be applied at the earlier opportunity, and the updated version will be re-delivered via e-mail.
    • Revisions made 48 hours or more after delivery are very likely to be rejected, unless required due to my error. If accepted, fees are likely to be higher than any revisions accepted within the 48 hour window.
    • Please, take the time to double and triple check delivered artwork before sending revision requests, and please make your best effort to condense them into as few e-mails as possible.. Revision requests made after the second request are very likely to be rejected, unless required due to my error.
    • Revisions to preferred pose, expression, etc., are free before I begin work, but may be ignored, as I reserve the rights to full artist freedom.
  • Complex Character Designs and Backgrounds
    • Backgrounds may be applied for an additional fee, to be decided at the artist’s discretion. The request to include a background in any commission may be rejected for any reason.
    • Complex character designs that require more time and work than moderate designs can and will warrant a fee, to be decided at the artist’s discretion.
    • Elements that may increase a design’s complexity may include but are not limited to: wings, extra limbs, intricate markings and patterns, intricate textures, complex clothing, armor, or accessories.
  • Prints
    • Sexually explicit (NSFW) artwork completed by WhurmyArts is to never be printed out, under any circumstances, unless Client is granted explicit permission via e-mail.
    • IF Client is granted permission to print sexually explicit artwork, the print may never be displayed publicly, under any circumstances. See bullet below for personal use.
    • Prints of the un-watermarked, full-resolution file of completed artwork may be printed at-home by Client for strict personal display only, such as in Client’s home or office. While it is by no means required, I do request a tip if the Client does this.
    • Prints of the un-watermarked, full resolution file of completed artwork may NOT be displayed publicly by Client.
    • Prints of the watermarked, mid-resolution file of completed artwork may be purchased by Client from Artist for an additional fee, plus the cost of shipping. This singular print may be displayed publicly by Client.

Commission Process

  1. Inquiry: Initial contact is made, Client is redirected to e-mail. Client (commissioner) and artist discuss style, content, price of commission, Rush Order vs Standard Order, and any applicable fees, such as for complex character design, will be discussed and approved. Client’s username will be added to “pending clients” list.
  2. Payment & Slot Claim: Artist will send Client an Invoice via PayPal, unless otherwise agreed upon. Once Invoice has been approved and payment received, Client’s name will be added to Artist’s queue and commission slots, and work on the commission may begin. I do not accept payment plans at this time, but may offer them in the future. Tips may be sent via PayPal.me if desired; ask for my link via e-mail, or wait for it to be sent at delivery.

–

When paying or trading with physical goods, this step will be different. An Invoice will not be sent, and once Artist and Client agree upon payment or trade, Client’s name will be added to Artist’s queue and commission slots. If Client is creating custom goods for me, work for us both will begin around the same time. If Client is trading pre-made goods for commissioned artwork, the item(s) must be shipped out, and the tracking number provided to me via e-mail before I will begin any work. Tips will still be accepted.

  1. Sketch & Approval: For anything more detailed than a colored sketch, Client must approve Artist’s sketch before inking process may begin. Client may request pose and expression revisions for no extra fee, up to 3 times. After the third sketch, Client must select one sketch to be completed, unless Artist decides to continue working with Client to find desired sketch. If Client and Artist cannot agree upon a sketch or pose, a near-full refund will be sent to Client, minus a $5 slot-holding fee, and the value of Artist’s time spent on the work. (Approximately $12/hr.)

–

Client has FIVE (5) DAYS to respond with sketch approval or rejection unless otherwise agreed upon at the Inquiry stage. (For example, Client informs Artist that Client is going on vacation for 10 days. Artist will grant Client extra time accordingly.) After 5 days, the commission will be put on hold until a response is received, and the commission removed from my queue and placed on the “pending” list. Replying to the sketch e-mail with a promise to approve or reject soon does not count as a response.

  1. Inking: Artist will ink over the sketch, erasing sketch lines. Any revision requests approved and applied after this point will include a fee, as stated in page 2 of this document.
  2. Flat Color: Artist will fill in inked lines with solid color according to character design. Hue and saturation preferences may or may not be applied at no charge per Client’s request, at Artist’s discretion.
  3. Shading & Rendering: Artist will apply lighting, shadows, highlights and textures according to style of commission agreed upon at inquiry. This is where the artistic process ends. Any revision requests approved and applied after this point will include a fee, as stated in page 2 of this document.
  4. Delivery via E-Mail: Artist will e-mail two versions of the finished artwork to the commissioner; a mid-resolution, watermarked image for uploads to art gallery sites, etc, and a full-resolution image without watermark for strictly personal use, such as desktop backgrounds. (See Prints section above for more details regarding personal and public use and display.)

Usage

  • Usage by Client
    • Client may repost or upload the watermarked, mid-resolution file of the commissioned artwork on any of the following websites: FurAffinity.net, Weasyl.com, SoFurry.com, DeviantArt.com, Twitter.com, Twitter.com, Weebly.com. Any other websites must be approved by Artist before posting / uploading.
    • Client may crop or otherwise alter the commissioned artwork for personal use only; such as cropping into an icon, wall paper, banner image, etc. In-image credit isn’t required for icons, but is required for banners on public websites.
    • Client may NOT repost the watermarked, mid-resolution file of the commissioned artwork on the following websites: Inkbunny.net, FurryNetwork.com.
    • Client may NOT display or otherwise use the commissioned artwork for personal gain via print sales, merchandise, etc., unless otherwise agreed upon and negotiated before payment, during the Inquiry stage. Artist may, but is not obligated to, work out a split-profit system with Client in terms of print sales.
    • Client may NOT, under any circumstances, claim the artwork as their own.
    • Client may NOT have another artist draw over, finish, rework, or otherwise alter commissioned artwork completed by WhurmyArts. (This includes buying an uncolored sketch and having another artist color it.) Exceptions may be made for animations at my discretion.
  • Usage by Artist
    • The artist may use the work for portfolios, advertisements, or any other promotional uses.
    • By commissioning WhurmyArts for artwork, Client agrees that I may make and sell prints of the completed artwork, regardless of content. Client may choose to pay an extra fee (amount at my discretion) to ensure prints will not be made of commissioned work, case-by-case. I will refer to this as No-Print Insurance (although it’s more of a guarantee), and this only applies to one piece of commissioned work at a time. This means that, if you were to commission me for a piece in July and purchase No-Print Insurance, the July commission will never be printed. However, if you commission me for a separate piece in October and do not purchase No-Print Insurance, I retain the right to print and sell the October commission.
    • Client’s only opportunity to purchase the No-Print Insurance is during the Inquiry stage. Once work on the artwork has begun, No-Print Insurance is no longer available.
    • It is the responsibility of Client to alert Artist if they wish to purchase No-Print Insurance. I will not ask.
    • Artist reserves the right to change or modify completed commissions, or work on a piece beyond the Client’s request for use as prints or other merchandise.

Cancellations, Refunds and Vouchers

  • Cancellations by Artist
    • Artist retains the right to reject a commission before payment under any circumstances, for any reason.
    • Artist retains the right to abandon a commission after being paid for any reason. If it is; for personal reasons, such as illness or life events, or in any way is due to the fault of Artist, Client will be refunded in full. However, if Artist cancels due to intense pressure, harassment, or inappropriate behavior on Client’s part, Client may only be given a partial refund, or even no refund at all, at Artist’s discretion.
  • Cancellations by Client
    • Client may cancel at any time, for any reason.
    • If Client cancels before work on the commission has begun, Client will be refunded, minus a $5 slot holding fee. If work has already begun, the percentage of the refund will vary based on how much work has been completed.
    • Cancellations due to dissatisfaction with work that Client had formerly approved, will not be refunded.
    • Client will not be refunded after the work has been completed, under any circumstances.
    • Artist reserves the right to modify, rework, and reuse any canceled commissions for any use and purpose. The commissioner’s character(s) will not appear in the modified version.

Price and Term Changes

  • Artist retains the right to change both the Prices of Artwork and Terms of Service at any time, for any reason.
  • If changes are applied to Prices and Terms after a commission has been paid, Client is only held to the formerly agreed upon Prices and Terms. (Agreed upon during Inquiry stage.)
  • If changes are applied to Prices and Terms after a commission has been accepted by Artist, but not paid for by Client, Client is held to the formerly agreed upon Prices, but must now agree with the new Terms before an Invoice will be sent and work begun.

Character References Given by Client

  • NSFW references are allowed.
  • Multiple references per character are allowed, up to three.
  • Photographs are allowed for pose reference, humanoid characters, species references, or pet-portrait style sketches. (Inquire for pricing; not listed in Prices and Terms, varies case-by-case.)
  • Detailed descriptions are permitted in place of visual references, but are not preferred. Complex designs require visual references. When providing personality and hobbies for your character in place of a pose or theme suggestion, please keep your descriptions short, but detailed. Character stories aren’t needed.

Adoptables and Character Designs

  • Client may resell designs by WhurmyArts IF the design has undergone significant changes (been “revamped”).
  • Client may NOT resell the original design for personal profit, unless sharing profit with WhurmyArts. Client is to e-mail Artist regarding pricing and percentage shares before posting any advertisements.
  • Client may NOT resell designs for more than Client originally paid, unless the design is being sold with additional art of the character AND Client has been granted permission from Artist.

Misc.

You can find me on the following websites and apps. I use a few different usernames. My DeviantArt account is useful if you’d like to see my older examples.

Active, FurAffinity: Whurmy

Active, twitter: WhurmyArts

Active, Telegram: EmSheep

Semi-active, Weasyl: Whurmy

Semi-active, tumblr: BaBaaEmSheep

Inactive, DeviantArt: Whurmy