Contract between J Wilson Art and Design LLC and [client] governing the creation of [artwork]
Last Updated: 12/18/2013
Many thanks to Andy Clarke for his use of "Contract Killer 3": http://stuffandnonsense.co.uk/projects/contract...
Between us, "[designer]" and you [customer name]
We’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.
So in short;
You ([customer name] , on behalf of [customer company]) located at [customer address] are hiring us ([designer]) located at [designer's address] to design and develop art for the estimated total price of project estimate total as outlined in our previous correspondence. Of course it’s a little more complicated, but we’ll get to that.
What do both parties agree to do?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organization. You’ll give us everything we need to complete the project as and when and in the format we need it. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us.
Getting down to the nitty gritty
We create concept designs, finished illustrations and 3D models. We begin with very loose ideas and gradually hone in our focus until we reach a final product that we hope you will be as pleased with as we are.
You’ll have two or more weekly opportunities to review our work and provide feedback. If, at any stage, you’re not happy with the direction our work is taking, we'll provide you with an itemized invoice for everything we've produced until that point so you can pay us in full for those expenses, after which time this contract will be considered fulfilled.
You should supply images in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.
We’re not a software company so we don’t offer support for software, email or other services relating to software.
Changes and revisions
We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for that.
We can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them.
Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that we create for this project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.
We’ll own the unique combination of these elements that constitutes a complete design and we’ll license that to you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that.
We love to show off our work and share what we’ve learned with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books.
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule:
You agree to pay us a total sum of total estimate amount in return for our services. At least 50% of this amount (initial deposit amount) will be paid up front as an initial deposit which must be received prior to beginning work, with the remaining amount to be paid upon satisfactory completion of the creative work.
As long as you are prompt in your correspondence and provide adequate feedback to make sure the project is going according to your specifications, we agree to have the project finished by the agreed upon deadline as discussed in previous correspondence, after which point we will provide you with an itemized invoice of expenses to be accounted for. Expenses include, but are not limited to the following: time spent working on the project, time spent corresponding with you, any changes which you may request during the creation of the work, and any adjustments requested after initial completion.
But where’s all the horrible small print?
Just like a parking ticket, you can’t transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of the courts of the United States of America.
Oh and don’t forget those men with big dogs.
The dotted line
Signed by and on behalf of [designer], Date [date]
Signed by and on behalf of [customer name], Date [date]
Everyone should sign above and keep a copy for their records.