Terms & Conditions

Effective Date: 9/09/2025
Last Updated: 9/09/2025

1. Acceptance of Terms

By accessing and using this website ("Site") and engaging our art and illustration services, you ("Client" or "you") agree to be bound by these Terms & Conditions ("Terms"). If you do not agree to these Terms, please do not use our Site or services.

2. Services Offered

We provide custom art and illustration services, including but not limited to:

  • Digital illustrations

  • Traditional artwork

  • Character design

  • Logo design

  • Commercial illustrations

  • Personal commissions

  • Concept art

3. Commission Process

3.1 Project Inquiry

All projects begin with an initial consultation to discuss your requirements, timeline, and budget.

3.2 Quote and Agreement

Upon receiving project details, we will provide a written quote including scope of work, timeline, and total cost.

3.3 Revisions

  • Initial concept includes up to 1 round of revisions

  • Additional revisions beyond the agreed scope will incur additional charges

  • Major changes to project scope may require a new quote

4. Payment Terms

4.1 Deposit and Payment Schedule

  • 10% deposit required before work commences

  • Final 90% due upon project completion and before final file delivery

  • For projects over $1,000, payment plans may be arranged

4.2 Payment Methods

We accept PayPal, Venmo, Stripe and Check.

4.3 Late Payment

Invoices are due within 30 days. Late payments may incur a 1.5% monthly service charge.

5. Intellectual Property Rights

5.1 Copyright Ownership

Upon full payment, Client receives ownership of the final artwork for the agreed-upon usage rights. Artist retains copyright for portfolio use, self-promotion, and artistic recognition.

5.2 Usage Rights

  • Personal Use: Client may use artwork for personal, non-commercial purposes

  • Commercial Use: Specific commercial usage rights must be negotiated and clearly defined in the project agreement

  • Exclusive Rights: Available for additional fee, granting Client full commercial usage rights

5.3 Artist Portfolio Rights

Artist reserves the right to display completed work in portfolio, website, social media, and promotional materials unless otherwise agreed in writing.

6. Client Responsibilities

6.1 Content and Materials

  • Client must provide necessary reference materials, content, and feedback in a timely manner

  • Client is responsible for accuracy of provided information

  • Client warrants they have rights to any materials provided to Artist

6.2 Communication

Client agrees to respond to communication and provide feedback within reasonable timeframes to avoid project delays.

7. Project Timeline and Delivery

7.1 Timeline

Project timelines are estimates and may be affected by:

  • Client feedback and approval times

  • Scope changes

  • Unforeseen circumstances

7.2 File Delivery

Final files will be delivered digitally in agreed-upon formats. Physical artwork delivery terms will be specified per project.

8. Cancellation and Refund Policy

8.1 Client Cancellation

  • Cancellation before work begins: Full refund minus processing fees

  • Cancellation during work: Refund based on work completed

  • No refund after final approval and file delivery

8.2 Artist Cancellation

If we must cancel a project, full refund will be provided for any work not completed.

9. Limitation of Liability

Our liability is limited to the amount paid for services. We are not liable for any indirect, incidental, or consequential damages arising from the use of our services or artwork.

10. Content Guidelines

We reserve the right to decline projects involving:

  • Hate speech or discriminatory content

  • Adult/explicit content (unless specifically agreed)

  • Copyright infringement

  • Illegal activities

11. Website Terms

11.1 Acceptable Use

You may not:

  • Use the Site for illegal purposes

  • Interfere with Site functionality

  • Upload malicious content

  • Violate others' intellectual property rights

11.2 Privacy

Your privacy is important to us. Please review our Privacy Policy for information on how we collect and use your data.

12. Dispute Resolution

Any disputes will be resolved through good faith negotiation. If necessary, disputes will be subject to binding arbitration in the United States.

13. Modifications

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated effective date. Continued use of our services constitutes acceptance of modified Terms.

14. Governing Law

These Terms are governed by the laws of Minnesota/United States without regard to conflict of law principles.

15. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

16. Contact Information

For questions about these Terms & Conditions, please contact us at:

Email: contact@mitchhattenart.com

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.