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Artists Terms of Service at Conventions


I've got kind of an interesting question as both an artist and as a commissioner. When at a convention and commissioning an artist - how do terms of service work? I know as an artist myself I've never thought to take my own TOS along, but I've never had anyone ask for it either. I would assume when a commissioner commissions an artist at a con they are still agreeing with their TOS, same as if they'd done it online but not bothered to read it. But then as an artist should you have one on hand or on your table for people to agree to?

Just a thought I had tonight while working on con commissions. For all those commissioners know I could have a TOS that says I keep all art, original or not, and they agree for me to use it as a dart board.

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( 11 comments — Leave a comment )
Apr. 6th, 2014 09:14 pm (UTC)
You should be giving out receipts- I would have a stack of TOS printed out that you can let them read over first and then staple to the receipt, and also have them sign a copy for you. In person transactions makes it that much easier!
Apr. 6th, 2014 09:31 pm (UTC)
I use forms at conventions that people have to fill out and read before they commission me (similar to Google Doc forms that a lot of people are using now, except printed out). At the bottom and on the back of the form is my TOS and there is always a check box / signature box asking if it was read or accepted for people to use.

Admittedly, most people check it very quickly without taking a single peak at it, but I make sure it's there for anyone to read and offer time for people to read it.

Edit: Oops, I didn't mean to reply to a comment! Sure shows how much I use LJ these days :(

Edited at 2014-04-06 09:32 pm (UTC)
Apr. 6th, 2014 09:32 pm (UTC)
Yep, that's a great idea! Plus, it's not your problem if they decide not to read it! :) I'm sure less than half of my customers read mine.
Apr. 6th, 2014 10:00 pm (UTC)
Oh man this is brilliant! I don't have a proper form people fill out - I just hand write out details, and tbh its pretty messy! Been planning on writing out a proper form and if I put my TOS on the back it's easier than displaying it and taking up table space for people that don't care xD
Apr. 7th, 2014 03:56 pm (UTC)
Just be aware that someone else's handwriting can be messier even. Sometimes I draw tiny doodles of what I mean next to them and check with the customer to see if it is correct with some small important details.
Apr. 6th, 2014 09:55 pm (UTC)
if I get into the dealers den for furpocalypse I plan to have a form they have to fill out. The reason is, this protects not just the buyer but you as the commissioner, it's like a contract that should something happen you can take legal action with. And that's just how I explain it to my current commissioners, that it's for the safety of both me and them and also keeps me organized and answers most questions.

Whether the commissioner reads it really or not, that's their choice, they are signing a contract so they can't turn around later and say "well I didn't know that" or something, you can turn around and say "you signed the contract"
Apr. 6th, 2014 10:25 pm (UTC)
When I took commissions at conventions*, I had a form they filled out and signed and a printed copy of my TOS for them to read. I also let them know where they would be able to find my TOS online.

*I have had too many issues with people wanting me to do on-the-spot commissions, even though I am a plush artist. So, it's just easier for me to hand them my business card and ask them to email me if they are interested in a commission.

Apr. 7th, 2014 01:30 am (UTC)
If you don't have someone agree to a TOS at the time of purchase then no it definitely doesn't apply to them, assuming they agree to an unknown TOS is just as bad as people not reading it when its offered and complaining about something later. It's not the customers job to ask you for it. Just like online you should have your TOS (or a link to it) listed clearly when you post commission journals, you should have it ready for people who approach your table looking for commissions.

The options other people have posted are definitely something you should do if there are terms you want your convention commissioners to follow.
Apr. 7th, 2014 02:29 am (UTC)
If you HAVE any TOS you want followed (such as, not putting 300dpi high resolution scans online), it behooves you to have those TOS with you at the convention. Without that, and without you telling them, the commissioner can do anything they want with the artwork, short of selling reproductions of it or anything else that would break your copyright.
Apr. 7th, 2014 02:49 am (UTC)
I have a form that I have people fill out at cons (for their name & description etc) and at the bottom I just say "by commissioning me you are agreeing to my terms of service (available upon request)". I don't have my ToS printed but some artists do; I have yet to have anyone ask to read it but if they want to, I can just pull it up on my phone and let them read it :) It's good to be safe and have it available!
Apr. 7th, 2014 04:35 pm (UTC)
I brought my TOS with me and had it out where the customers could look at it. I think I had one person ask about it, but I was only doing cheap/quick sketches, so it wasn't a big deal for me if the customer scans/posts/colors it/etc. :P
( 11 comments — Leave a comment )


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