Terms of Service
This document is a starting template provided by the studio. It is not legal advice. Please review with a qualified attorney before relying on it.
1. Who we are
This website (lisasobacca.art) and the commissioned-illustration services offered through it are operated by Velzie LLC, a limited liability company formed under the laws of the State of Wyoming, United States, doing business as “Lisa Sobacca” (the “Studio,” “we,” “us”). You can reach us at yely@lisasobacca.art.
2. Acceptance of these Terms
By accessing this site, contacting us about a project, or commissioning artwork from the Studio, you (the “Client,” “you”) agree to be bound by these Terms of Service. If you do not agree, please do not use the site or engage our services.
3. Eligibility
You must be at least 18 years old to commission work or enter a contract with the Studio. If you are commissioning on behalf of a company, publishing house, or other entity, you confirm that you have authority to bind that entity to these Terms.
4. Services
The Studio provides custom, hand-painted book-cover illustration and related services as described on /services/book-covers, which may include reading the manuscript or supplied excerpts, sketching, painting the cover artwork, two rounds of revisions after the first painted draft, and delivery of print-ready and web-ready files. The exact scope, deliverables, and timeline of any commission will be set out in a written project brief or invoice agreed between the parties.
5. Booking, deposit, and payment
- Deposit. A non-refundable deposit equal to fifty percent (50%) of the agreed project fee is due before work begins. Payment of the deposit confirms the booking and secures the slot in the Studio’s schedule.
- Final payment. The remaining fifty percent (50%) is due before final files are released to the Client. Print-ready files and full rights transfer only on receipt of cleared final payment.
- Processing. Payments are processed via Stripe. By paying, you also agree to Stripe’s applicable terms and privacy policy. We do not store full card numbers.
- Currency and taxes. Fees are quoted and payable in U.S. dollars unless otherwise agreed in writing. The Client is responsible for any taxes, duties, or fees imposed by their own jurisdiction.
- Late payment. Final files will be withheld until the balance is received. If a balance is more than thirty (30) days overdue, the Studio may suspend or terminate the project and retain all amounts already paid.
6. Revisions and scope
Two rounds of revisions are included after the first painted draft. Revisions are intended to refine the existing direction (color, composition, character details). A request to start over from a fundamentally different concept, or to add new deliverables not in the original brief, is treated as additional work and quoted separately in writing before any extra time is committed.
7. Timeline
Estimated turnaround is given in good faith based on the brief and the Studio’s current schedule. Timelines may extend due to delays caused by the Client (for example, late delivery of the manuscript, late feedback on sketches, or scope changes), or due to events outside our reasonable control, including illness, internet or service-provider outages, or other force majeure events. We will communicate any expected slippage as soon as we know.
8. Cancellation and refunds
- If the Client cancels before paying the deposit, no charge is owed.
- If the Client cancels after paying the deposit, the deposit is retained by the Studio to compensate for time reserved and work already performed; no further amounts will be charged.
- If the Studio cancels a project before delivery for reasons other than the Client’s breach, all amounts paid to date will be refunded.
- No refunds are issued after the final files have been delivered.
9. Intellectual property and licensing
Until final payment is received in full, all artwork, sketches, and working files remain the sole property of the Studio. On receipt of cleared final payment, the Studio grants the Client a worldwide license to use the final delivered cover artwork for the contracted title, including:
- Front, spine, and back-cover use across print and digital editions of the contracted book (paperback, hardback, dust jacket, ebook, audiobook square), for the lifetime of those editions;
- Marketing and promotional materials directly tied to the contracted book (social posts, ads, author website, press kit, retailer listings).
The Studio retains ownership of the underlying painting, all preliminary sketches and working files, and the right to display, share, and reproduce the finished artwork in its portfolio, social channels, and marketing.
Uses outside the scope above — including but not limited to sublicensing, resale of the artwork, use on merchandise unrelated to the book, creation of NFTs or other tokenized assets, and use as input to train machine learning or generative AI models — require a separate written license and may carry an additional fee.
10. Client responsibilities
The Client agrees to provide a clear brief, the manuscript or excerpts as agreed, accurate metadata (title, author name, trim size, spine width), and timely feedback. The Client warrants that any reference materials, photographs, text, characters, or third-party assets they supply are owned or properly licensed by them, and that the Studio’s use of those materials in connection with the commission will not infringe the rights of any third party.
11. Confidentiality
Manuscripts and other unpublished material shared with the Studio are treated as confidential and used solely to inform the commission, until the work is publicly released by the Client or the Client gives written permission to share excerpts or imagery sooner.
12. Warranty disclaimer
Services and deliverables are provided “as is” and “as available.” To the maximum extent permitted by law, the Studio makes no warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose, or non-infringement, and does not warrant that the artwork will achieve any particular commercial, sales, or marketing outcome.
13. Limitation of liability
To the maximum extent permitted by applicable law, the Studio’s total aggregate liability arising out of or related to a commission or these Terms shall not exceed the total amount actually paid by the Client to the Studio for the specific commission giving rise to the claim. The Studio shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or loss of goodwill, even if advised of the possibility. Nothing in these Terms limits liability that cannot be limited under applicable law.
14. Indemnification
The Client agrees to indemnify and hold the Studio harmless from any claim, demand, or damages (including reasonable attorneys’ fees) arising out of or related to (a) content the Client supplies (including manuscripts, photographs, references, brand assets, and metadata), or (b) the Client’s use of the delivered artwork beyond the license granted in Section 9.
15. Governing law and dispute resolution
These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws principles. Before filing any claim, the parties agree to first attempt to resolve the dispute in good faith by email between authorized representatives for at least thirty (30) days. If the dispute cannot be resolved, the parties consent to the exclusive jurisdiction of the state and federal courts located in Wyoming, and each party irrevocably waives any right to a jury trial.
16. Changes to these Terms
We may update these Terms from time to time. The “last updated” date at the top of this page reflects the most recent revision. Material changes affecting an active commission will be communicated to the Client by email. Continued use of the site or services after a change constitutes acceptance of the updated Terms.
17. Contact
Questions about these Terms can be sent to
yely@lisasobacca.art.
Velzie LLC · State of Wyoming, United States.