Terms & Conditions of Commission – Atelier Arcana

 

By commissioning a bespoke magical effect from Atelier Arcana, you (the “Client”) agree to the following terms and conditions, which form a legally binding agreement between you and Phill Smith (“the Artist”). These terms exist to protect the integrity of the creative work, ensure clear boundaries of use, and maintain the quality of what is delivered. Please read carefully.

1. Scope of Service

Atelier Arcana offers a premium creative commission service for the development of custom magical effects. Each commission includes:

  • Collaborative concept development

  • Bespoke artwork and graphic design

  • Custom routining, scripting, and presentation

  • Production and delivery of physical performance props

  • A detailed instructional video explaining all aspects of the effect

  • Direct communication and approval stages throughout the process

Each project is tailored specifically to the Client’s performance persona, aesthetic preferences, and goals. No two effects are the same.

2. Intellectual Property & Copyright

All original creative materials—designs, artwork, scripts, methods, video instruction, and digital assets—are the intellectual property of Phill Smith, unless otherwise transferred via a separate, written agreement.

  • The Client is purchasing a license to use the effect, not ownership of the underlying intellectual property.

  • The Artist reserves the right to reuse general methods, techniques, or design patterns in future work, provided these are not uniquely identifiable to the Client.

  • Artwork, branding, packaging, and supporting visuals remain under the copyright of Phill Smith unless commercial rights are expressly purchased under Tier II or III.

3. Usage Rights & Restrictions

Usage rights vary by commission tier and define how you may use, perform, and present your effect:

Tier I: The Artisan Edition – £800

A personal, non-exclusive, non-transferable performance license for:

  • Live, in-person performances (professional or informal)

  • Online content including:

    • Instagram posts and lives

    • Facebook lives

    • TikTok

    • YouTube or Vimeo (non-commercial)

    • Personal websites and email newsletters

  • Promotional reels, sizzle videos, and short-form branded content

  • Lecture and private teaching performances (as demonstration only)

Prohibited without further license:

  • Television or broadcast use

  • Commercial streaming platforms (Netflix, Hulu, BBC, etc.)

  • Manufacturing, resale, or exposure of method

  • Teaching or instructional content for public or paid audiences

This tier is ideal for performers who want something unique for their own repertoire, not for resale or public distribution.

Tier II: The Masterwork Upgrade – £3000

(This fee is in addition to the Tier I Artisan Edition cost of £800 and can be paid after Tier I completion to take the project to manufacturing stage. Total cost: £3800)

Includes all Tier I rights plus commercial development and distribution rights, intended for creators seeking to release or license their work to the magic community.

You receive:

  • Full manufacturing rights for one production run

  • Editable files: artwork, layout, packaging, and instruction materials

  • A complete branding package, including box and insert design

  • Commercial-use instructional video or PDF

  • Custom marketing materials to support your launch

  • Optional ghost design (you release it under your own name)

Important note:
The fee for Tier II includes license for the initial production run only. Should you wish to manufacture and sell additional runs in the future, a separate licensing agreement and fee will be required. This ensures continued alignment with brand quality, rights management, and production integrity.

This tier is perfect for creators ready to bring a product to market with professional polish and production support.

Tier III: The Broadcast License – Price on Appointment

Required for any effect being used in:

  • Broadcast television (e.g. BBC, ITV, ABC, etc.)

  • Commercial streaming services (Netflix, Amazon Prime, Disney+, Hulu, etc.)

  • Feature films or theatrically distributed media

  • Publicly released documentaries or specials

  • High-visibility performance content tied to sponsorship or production partnerships

Tier III includes:

  • All rights from Tiers I and II

  • Camera-ready prop refinement and exposure-proofing

  • Script adaptation for TV environments

  • Optional consultation with producers or directors on integration

  • Custom contracts to reflect complexity of production

Pricing is determined case by case and includes long-term usage rights, technical advisory, and full legal documentation as required.

4. Development Process

Each project is a creative collaboration built on clarity, craftsmanship, and communication. The standard process includes:

  1. Consultation – We define your goals, concepts, aesthetic direction, and practical needs.

  2. Creative Development – Design, scripting, and prototype creation begin.

  3. Progress Reviews – You receive regular updates and are invited to give feedback.

  4. Approval Stages – Major creative decisions are reviewed and approved by you before production.

  5. Final Delivery – You receive your finished effect, props, and instructional media.

This process ensures the effect is not only deceptive, but performable, beautiful, and aligned with your personal style.

5. Delivery, Revision & Adjustments

The final delivery includes:

  • A full set of performance props

  • Spares or duplicates where practical

  • An instructional video with handling, script, alternate options, and insights

  • Any additional creative assets per your commission tier

Revisions:
One round of minor revisions is included. Substantial changes after final approval may incur additional charges, quoted individually.

6. Confidentiality & Discretion

Both parties agree to uphold professional secrecy around the workings of the effect:

  • The Client agrees not to reveal, teach, or publish the method publicly

  • The Artist agrees to treat sensitive performance ideas or unpublished concepts with confidentiality

  • The Artist may use non-exposure imagery, packaging designs, or promotional visuals for portfolio and promotional purposes unless specifically requested not to

7. Limitations of Scope

Atelier Arcana specializes in intimate, analog, performable magic—not large-scale illusions or technical builds.

Not included:

  • Apps, AR/VR, software or web development

  • High-tech electronics or robotics

  • Mechanical prototypes requiring engineering beyond prop design

  • Stage illusions requiring structural builds or rigging

  • Performances for television unless licensed under Tier III

Please enquire if you're unsure whether your idea fits.

8. Cancellation, Withdrawal, and Refusals

Once a commission has begun, the Artist reserves the right to:

  • Cancel or withdraw if the project becomes unfeasible, unethical, or disruptive

  • Retain partial payment for work completed up to the cancellation

  • Decline concepts that fall outside the artistic scope of the offering

The Client may request cancellation at any point. Refunds will not be granted once substantial creative development has occurred.

9. Dispute Resolution & Legal Jurisdiction

Disputes will first be addressed via direct, informal resolution. If unresolved:

  • Both parties agree to mediation before any legal action

  • Legal jurisdiction will be United Kingdom law

  • The venue for any necessary proceedings will be mutually agreed upon within the UK

By initiating a commission with Atelier Arcana, you affirm that you have read, understood, and agreed to the terms outlined above.