Artwork Commission Agreement
ARTWORK COMMISSION AGREEMENT
This Agreement (“Agreement”), entered this [date], between [artist name] (“Artist”) and [client name](“Client”), shall govern the respective rights of Artist and Client with respect to the artwork described herein.
I. Scope of Work Commissioned
Artist and Client expressly agree that the artwork to be created by Artist pursuant to Client’s specifications shall be limited to, unless modified in a writing signed by both parties, the following artwork, hereafter known as “the Work”:
- Medium: Medium
- Style: Style
- Content: Content
- Dimensions: Dimensions
Artist agrees that the Assets shall be of first class quality, artistically produced, with aesthetic content technically correct and of a quality equal to current standards for Assets of similar character and purpose.
II. Deadlines and Completion
Upon receipt of Client’s specifications pursuant to Section I, which Client agrees are true and complete at the time of execution of this Agreement, Artist agrees to complete the Work on or before Art due date
III. Rights Transferred
Artist and Client agree that the following rights shall be transferred from Artist to Client upon receipt of full payment.
Artist agrees to the perpetual non-exclusive license of all rights (including, but not limited to, the right to display, modify, transmit, transfer, sell, and create derivative works) to Work to Client, excluding only the right to authorship credit, which is retained by Artist.
The Artist retains the rights to display the Work in their portfolio(including, but not limited to, any website that displays Artist's works). When asked, Client must properly identify Artist as the creator of Work. Client does not have a proactive duty to display Artist's name together with Work, but Client may not seek to mislead others that Work was created by anyone other than Artist. Any and all rights not specified in this document will be retained by the Artist in perpetuity
The Client shall pay Artist a total flat fee of $total priceUSD as total compensation for the project described above. Payment shall be made as follows:
- 30% at start of work as down payment.
- 70% within (15) days upon receipt of final deliverable.
Additional fees will be charged for revisions that are not due to any fault on the part of the Artist made after (5) minor changes, and for revisions reflecting a new direction to the assignment, or new conceptual input.
V. Severability; Integration
Client and Artist agree that this Agreement shall not be amended except by a writing executed by both parties, and expressly state that this writing shall constitute a complete expression of the entire agreement between the parties, and that no additional terms exist that are not included herein. To the extent any provision contained in this Agreement shall be found to be void, invalid, or otherwise unenforceable in any way, such invalidity shall not affect the remainder of this Agreement, which shall remain in full force and effect.
VI. Termination/Kill Fee
Client may terminate this Agreement at any time by sending written notice thereof to Artist at the address provided herein. Upon such termination, Client agrees to compensate Artist as follows:
(1) Partial Completion. If Artist has partially completed the Work, Client agrees to compensate Artist at twenty percent (20%) of the total compensation as an addition to the initial (30%) down payment. If this Agreement is terminated by Client after Partial Completion by Artist, Artist shall retain ownership of all rights of copyright and the original artwork, including but not limited to completed artwork, sketches, and comps.
(2) Full Completion. If Artist has completed the finished artwork at the time of cancellation, Client agrees to compensate Illustrator in full as otherwise provided in this Agreement.
VII. Release of Liability
Client agrees that it shall not hold Artist or any agent thereof liable for any damages arising from Artist’s failure to complete the Work in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Illustrator or of any third party.