Commission Agreement

Commission Agreement for 3D Asset Creation

This Commission Agreement (the "Agreement") is entered into as of the date of the Customer's acceptance (the "Effective Date"), by and between Sparknutz (professional pseudonym of Mr. Shawn S.), an independent 3D artist ("Artist"), and the individual or entity commissioning custom 3D assets under this Agreement ("Customer").

The Customer is identified as the person or entity who:

Submits a commission request to the Artist (via Discord, email, social media, or other agreed channel),

Makes payment for the requested 3D assets, and

Accepts these terms by either:

a) Electronically signing or confirming this Agreement,

b) Explicitly confirming agreement in writing (e.g., replying "I agree to the terms"), or

c) Making full or partial payment after being provided a link or copy of this Agreement.

This Agreement governs all past, present, and future commissions between the Artist and the Customer, including any commissions initiated prior to formal acceptance if payment was made and assets were delivered.

Recitals

The Artist is skilled in creating original 3D models, textures, and related digital assets using software such as Blender.

The Customer wishes to commission the Artist to create custom 3D assets (e.g., .blend files, .fbx files, and image textures) for general-purpose use, such as in personal projects, animations, or other non-specific applications.

The parties intend for this Agreement to supersede any prior verbal or informal understandings and to provide a clear framework for all commissions.

The Artist may, at their sole discretion and unrelated to this Agreement, choose to incorporate similar or identical assets into free, publicly available content for communities, such as game mod workshops, without any obligation to the Customer.

1. Scope of Services

The Artist agrees to create and deliver original 3D digital assets ("Assets") based on the Customer's specifications, as detailed in separate commission requests (e.g., via email or messaging). Each commission will specify the Assets (e.g., models, textures), delivery format (e.g., .blend, .fbx), and fee.

Work on each commission will commence only after the Artist has received full payment (or the agreed initial payment for milestone-based commissions).

Assets are created for general-purpose, non-exclusive use and are not tailored or warranted for compatibility with any specific software, game, or platform, including but not limited to Arma Reforger or any Bohemia Interactive products.

This Agreement covers all past, present, and future commissions between the parties unless superseded by a later written amendment.

The Artist reserves the right to decline any commission request.

2. Payment Terms

For each commission, the Customer agrees to pay the Artist the agreed-upon fee in full in advance, or according to agreed milestones, via the method specified by the Artist (e.g., PayPal, bank transfer).

The Artist shall commence work on the commission only after receipt of full payment (or the applicable milestone payment). Upon receipt of payment, the Artist will deliver the completed Assets within a reasonable period of time, taking into account the scope, complexity, and detail required for the specific commission, as well as the Artist's current workload and availability.

Payments are non-refundable upon delivery of the Assets, except in cases of material non-delivery as determined by the Artist.

For past commissions, any outstanding payments must be settled within 30 days of the Effective Date, or the Artist may withhold further services.

All fees are for the creation and delivery of the Assets only and do not include any rights or services related to third-party platforms, games, or modifications.

3. Ownership and License

The Artist retains all right, title, and interest in the Assets, including copyrights, moral rights, and any derivatives. The Assets are original works created by the Artist and do not infringe on third-party rights.

Upon full payment, the Customer is granted a perpetual, non-exclusive, non-transferable license to use the Assets for personal, non-commercial purposes only. The Customer may not resell, redistribute, license, or use the Assets commercially without the Artist's written permission.

The Artist may, at any time and without notice or compensation to the Customer:

Reuse, modify, or incorporate the Assets (or similar concepts) into other works.

Upload the Assets or derivatives thereof to public platforms, such as game workshops (e.g., Arma Reforger Workshop), for free community use under open licenses (e.g., Creative Commons or game-specific terms).

Any such uploads by the Artist are independent hobbies and unrelated to this Agreement or any payment. The Customer has no rights or expectations regarding such uploads.

4. Representations and Warranties

The Customer represents that their specifications do not infringe on any third-party copyrights, trademarks, or rights.

The Artist provides the Assets "as is," with no warranties of any kind, express or implied, including fitness for a particular purpose, compatibility with software/games, or non-infringement.

The Customer acknowledges that using the Assets in any game or platform (e.g., Arma Reforger) is at their own risk and must comply with all applicable end-user license agreements (EULAs), terms of service, and laws.

5. Liability and Indemnification

The Artist shall not be liable for any damages, losses, or claims arising from the Customer's use of the Assets, including but not limited to:

Compatibility issues with third-party software, games, or platforms.

Violations of any EULAs, terms of service, or policies (e.g., Arma Reforger EULA, Tools EULA, or Workshop Terms of Use by Bohemia Interactive).

Any indirect, incidental, consequential, or punitive damages.

The Customer agrees to indemnify, defend, and hold harmless the Artist from any claims, liabilities, damages, or expenses (including attorney's fees) arising from:

The Customer's misuse of the Assets.

Any allegation that the Customer's specifications infringe third-party rights.

The Customer's violation of any third-party EULAs or terms (e.g., related to Arma Reforger or Bohemia Interactive).

The Customer waives any right to bring claims against the Artist related to the Assets' use in games, mod uploads, or compliance with third-party policies. This waiver applies to all past, present, and future commissions.

6. Confidentiality and Non-Disclosure

Both parties agree to keep confidential any proprietary information shared during commissions (e.g., specifications, drafts), except as required by law.

7. Termination

Either party may terminate this Agreement with 30 days' written notice.

Upon termination, outstanding payments remain due, and Sections 3 (Ownership and License), 4 (Representations and Warranties), 5 (Liability and Indemnification), and 8 (Governing Law) survive.

8. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the state of Washington, USA. Any disputes shall be resolved through binding arbitration in Spokane, Washington under the rules of the American Arbitration Association, or in a court of competent jurisdiction if arbitration is unenforceable.

If any provision is invalid, the remainder remains in effect.

9. Entire Agreement and Amendments

This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements. The Artist may amend these terms by providing notice (e.g., updated link or document). Continued commissions after such notice constitute acceptance of the updated terms.

10. Acceptance and Applicability

By submitting a commission request, making payment, or receiving delivered assets after being provided a copy or link to this Agreement, the Customer acknowledges that they have read, understood, and agree to be bound by all terms herein.

This Agreement applies to all commissions between the parties, past and future, unless superseded by a later amendment.

Acceptance by Customer:

I have read and agree to the terms of this Commission Agreement.

Customer Name: ______________________________

Discord/Social Media Handle (if applicable): ______________________________

Email: ______________________________

Date of Acceptance: ______________________________

Artist:

Sparknutz

(Date of Agreement last updated: January 02, 2026)