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How to Write Commission Terms of Service (Template Included)

Studio Queues Team · Last updated July 17, 2026

How to Write Commission Terms of Service (Template Included)

Commission terms of service template covering payment, scope, revisions, copyright, cancellation, and dispute sections, with a starter template to adapt.

A working commission terms of service template is one of the most valuable documents an independent artist can build, and one of the most commonly skipped. It sets client expectations, gives both sides something to point at when a disagreement comes up, and separates a hobby transaction from a real business relationship. This guide walks through what a commission ToS actually does, the sections a working document typically contains, and includes a starter template you can adapt to your own workflow. Every section here is written descriptively rather than prescriptively. This is an educational overview, not legal advice. Terms of service documents interact with contract, consumer protection, and intellectual property law in ways that vary by jurisdiction, and a qualified attorney should review your final document before you post it publicly or attach it to your commission workflow.

What a working commission ToS actually does

A commission terms of service document is not a magic legal shield. It is a written statement of the terms under which you agree to take commissions and under which clients agree to hire you. Its practical value is that it puts every important term of the commission relationship in one place, before payment starts, so both parties agree to the same thing.

What a ToS commonly accomplishes in practice:

  • Sets clear expectations about what the client is buying (a piece of art with specific licensing terms, not an unlimited claim on the artist's time).
  • Reduces disputes by naming what happens in common failure modes (client ghosts, client requests unlimited revisions, artist misses deadline, either side wants to cancel).
  • Signals professionalism to serious clients and filters out clients who would rather not agree to structured terms.
  • Provides a written reference both sides can point to when memory of the original agreement fades over the course of a longer commission.

What a ToS does not do: it does not guarantee any specific legal outcome, does not substitute for a signed contract in some jurisdictions, and does not replace the need for an attorney to review documents you intend to enforce. It is a working document that clarifies terms, not a self-executing legal instrument.

The sections a commission terms of service template typically contains

Most working artist ToS documents contain the same eight to ten sections, which have emerged as common practice across the independent commission community. A well-structured commission terms of service template typically includes:

  • Acceptance and agreement. How the client is considered to have agreed to the terms (usually by paying a deposit or by clicking to accept during intake).
  • Payment structure. Deposit percentages, milestone payments, when balance is due, accepted payment methods.
  • Scope of work. What the specific commission includes, described broadly enough to fit any commission but structured to reference the specific intake for details.
  • Revisions. How many rounds are included, what counts as a revision versus a scope change, how additional revisions are billed.
  • Delivery timeline. Standard turnaround, what happens if the artist misses the deadline, what happens if the client misses approval milestones.
  • Copyright and usage rights. Who owns the copyright, what license the client is buying, what commercial use requires.
  • Cancellation and refunds. Refund policy at various stages of the commission, whether the deposit is refundable.
  • Client conduct. What the artist expects from the client during the commission, and what happens if those expectations are not met.
  • Artist rights. What the artist can and cannot do with the finished work (portfolio use, social media posting, using as sample work).
  • Changes to terms. How and when the ToS itself can be updated.

Each of these sections has a purpose. The specific wording of any given clause is where the attorney review matters most, because the exact language interacts with contract and consumer protection law differently in different jurisdictions.

Payment and deposits section

The payment section typically specifies the deposit amount (a percentage or a fixed number), when it is due, the milestone or delivery payment schedule, and the accepted payment methods. Common approaches include 30 percent to 50 percent deposits at commission acceptance, with the balance due at delivery, or milestone-based structures on higher-value work.

The section also commonly addresses what happens if payment is late or does not come through. Many artists include language stating that work will not begin until the deposit clears, and that work will pause if a scheduled milestone payment is late. These are practical operational statements more than legal claims; the point is to set expectations so the artist is not doing work they will not be paid for.

The IRS official guidance on hobby versus business classification considers whether an activity is conducted in a businesslike manner as one factor in classification. Having a structured payment section in your ToS is one of the many signals that supports treating commissions as a business.

Scope, revisions, and delivery timeline section

This is where the ToS most directly interacts with the day-to-day of a commission. The scope section commonly clarifies that the ToS is a general document and the specifics of each commission (piece type, format, style, character, usage) are defined in the intake for that commission, not in the ToS itself.

The revisions clause typically defines how many rounds are included, what constitutes a revision versus a scope change, and how additional work is priced. Many artists specify that revisions are limited to adjustments within the agreed scope (color changes, minor pose tweaks) and that changes to format, background, character design, or usage are treated as scope changes and re-quoted. For a deeper look at how the ToS revisions clause interacts with what happens on real commissions, see how ToS clauses interact with scope creep in practice.

The delivery timeline section commonly names the artist's standard turnaround (four to eight weeks is typical for character illustrations, six to twelve weeks for VTuber models), addresses what happens if the artist expects a delay, and specifies what happens if the client is slow to approve at a milestone stage. A common structure is that if the client does not respond within a defined window (often 14 or 30 days) at an approval milestone, the commission may be paused or eventually forfeited.

This section carries some of the most important information in the ToS and is where the framing matters most, because it interacts with copyright law directly. Per the U.S. Copyright Office guidance for visual and graphic artists, copyright protection exists from the moment an original work is fixed in tangible form, and the artist keeps that copyright unless the work qualifies as a work made for hire (which has specific legal requirements) or the copyright is explicitly assigned in writing.

A commission terms of service template commonly makes the copyright-retention default explicit and then specifies what license the client is buying. Common tiers include:

  • Personal use (client can display the piece, use it as an avatar or wallpaper, cannot commercialize).
  • Streaming and content use (client can use the piece on their streaming channel and non-monetized social media).
  • Commercial use (client can use the piece in revenue-generating contexts).
  • Exclusive commercial license (client is the only entity that can use the piece commercially).
  • Full copyright transfer or work made for hire (requires specific legal language and typically an attorney-drafted clause).

Each tier has an associated price, and the license granted for a specific commission is defined in the intake for that commission, not in the general ToS. Full copyright transfers and work-made-for-hire arrangements involve specific legal requirements that vary by jurisdiction, which is why any language in this section should be reviewed by an attorney before it is used in an enforceable context.

Cancellation, refunds, and dispute section

The cancellation section commonly addresses three scenarios: the client cancels before work begins, the client cancels partway through, and the artist needs to cancel. A common approach is that deposits are non-refundable once work begins (they compensate the artist for the slot held in the queue and for early-stage work), and refunds for partial cancellation are calculated based on how much work was completed.

The refund section commonly names what percentage of the payment is refundable at each stage. A typical structure might specify that 100 percent of the balance (but not the deposit) is refundable if the artist cancels before sketch stage, 50 percent is refundable if the client cancels after sketch approval, and no refund is available after final delivery. The specifics vary by artist and by commission size.

The dispute section commonly points to how disagreements are handled: usually direct communication first, then any platform-level dispute resolution if the commission was taken through a workflow tool, and only as a last resort any external legal action. Language in this section is another area where attorney review matters, because dispute resolution clauses interact with consumer protection law and platform terms in ways that vary by jurisdiction.

A starter commission terms of service template

The following is a starter template, provided as a structural example only, not as legal language ready to use verbatim. Adapt the specifics to your own workflow, and have an attorney review before you post it publicly or attach it to your commission intake.

[Artist name] Commission Terms of Service

1. Agreement. By submitting a commission request and paying a deposit, the client agrees to these terms of service.

2. Payment. A non-refundable deposit of [percentage] is due at commission acceptance. Milestone payments (if applicable) are due at each defined stage. Balance is due at final delivery. Accepted payment methods: [list].

3. Scope. The specific piece being commissioned is defined in the intake for each commission. These terms apply to all commissions unless a separate agreement supersedes them.

4. Revisions. [Number] rounds of revisions are included at [stages]. Additional revisions are billed at [rate]. Changes to format, background, character design, or usage are treated as scope changes and re-quoted.

5. Timeline. Standard turnaround is [X to Y weeks] from paid deposit. The artist will notify the client of expected delays. If the client does not respond to milestone approval requests within [14 or 30 days], the commission may be paused.

6. Copyright and Usage. The artist retains copyright to all commissioned work unless a written work-for-hire or copyright transfer agreement specifies otherwise. The client receives the license tier specified in the intake for their commission (personal, streaming, commercial, exclusive, or full transfer). License terms are attached to each commission agreement.

7. Cancellation and Refunds. The deposit is non-refundable once work begins. Cancellation refunds after work has begun are calculated based on completed work: [artist-specific stages and percentages].

8. Client Conduct. The artist reserves the right to decline or cancel commissions from clients who violate these terms, use abusive language, or request work outside the artist's stated content policy.

9. Artist Rights. The artist may use finished work in portfolio, social media posts, and as sample work unless the commission was purchased with a non-disclosure or private-commission agreement.

10. Changes. These terms may be updated. Changes apply to new commissions only; existing commissions are governed by the terms in effect at the time of acceptance.

This template covers structure. Every clause needs adaptation to your specific workflow, your pricing, your revision policy, and your jurisdiction. An attorney review before you post it publicly is worth the professional fee, because the fee is small relative to the cost of a badly-worded clause producing an enforceability problem later.

How to keep your ToS current

A ToS is not a document you write once and forget. Common maintenance triggers include: significant changes to your pricing, changes in the platforms where you take commissions, changes in your licensing tiers, and any incident during a real commission that revealed a gap in the current terms. Reviewing your ToS every six to twelve months is a reasonable cadence. Any material change should be flagged to existing clients (their in-progress commissions are governed by the terms in effect when they accepted, not the new terms).

The honest summary

A commission terms of service template gives artist and client something to point at when the commission relationship needs structure. It sets expectations on payment, scope, revisions, timeline, copyright, cancellation, and dispute resolution. It signals a business relationship rather than a favor between friends. What it does not do is guarantee any specific legal outcome without attorney-drafted language reviewed for your jurisdiction. Use the template above as a structural starting point, adapt it to your workflow, and have an attorney review the final version. For more resources on the operational side of running a commission practice, browse more Studio Queues resources for commission artists.

If you want a workflow platform that supports click-to-accept ToS enforcement, structured intake with license tier selection, milestone payments, and revision tracking in one place, you can lock in 0% platform fees while founding artist spots are still open. The founding artist program keeps 0% platform fees active for as long as your premium subscription stays active, and only the first 500 spots are available. Payment processing fees (Stripe) still apply the same way they would on any platform.