TOS advice

Feb. 27th, 2016 08:39 am
[identity profile] posting in [community profile] artists_beware
Okay, I haven't had an issue with my TOS aside from editing it recently for clarity and to add that I offer adult artwork. However.

I've gotten a number of requests for commissions from people who turn out to be a minor (which I only end up finding out when they've told me "never mind" or "maybe later")

I know that as an adult I'm not supposed to enter into a contract with a minor... what do I add to my TOS?

Should I just say "As I cannot enter into a contract with a minor, please do not contact me for commissions if you are under 18?"

I'm not concerned about losing potential clients (I've been having less luck lately anyway), I just want to make sure I'm phrasing it in a professional sort of way.

Thanks in advance!


Date: 2016-02-28 10:32 pm (UTC)
From: [identity profile]
I feel something along the lines of "I will not work with minors under the age of 18" is good enough. The mention of a contract might confuse them (story time: As a minor I had another minor try to commission me and because I refuse to work with anyone under 16 they thought that they could "get a contract" to suddenly work with me. Being blunt or being forward appears to work best).

Date: 2016-02-29 01:54 am (UTC)
From: [identity profile]
Basicslly 'you must be 18 to order a commission.' Is really all you need.

Date: 2016-02-29 07:40 am (UTC)
From: [identity profile]
Something like "I will not work with anyone under the age of 18" or "You must be 18 years of age or older to request a commission" would probably work? To the point and that seems to be how a lot of professional things word stuff like that.

Date: 2016-02-29 11:51 am (UTC)
From: [identity profile]
Seconding everyone here, something simple works best (mine is just 'you must be 18 or older to commission me'). The more complex it is, the more likely you'll get confused people contacting you.

I also wanted to add that I'd advise against using the word 'minor' if you're working with international clients, as that isn't always 18. If someone wants to know why you don't work with people under 18, they can contact you to ask.

Date: 2016-02-29 12:57 pm (UTC)
From: [identity profile]
Oh hey, I didn't think about that, excellent point!

Date: 2016-03-04 09:34 pm (UTC)
From: [identity profile]
Just so you're aware, if you're


US laws say that as long as you put a disclaimer that says they have to be 18yrs or older to view/commission you, you're safe.

But if you're from Canada (and potentially the UK), not getting photo ID is NOT a legal defense. Because this is the case, it's safer to not accept adult commissions from people within the same country unless you've met them in person and had them show you their ID, or, have them pay through a service that has that their users MUST be 18 years of age in their terms, such as Square.

Even though you'll have to keep your mouth shut about the payment being for pronz, if it DOES come back to bite you, you can put the blame on the service provider for not checking their user's age.
Edited Date: 2016-03-04 09:39 pm (UTC)


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