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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”:
- 3 Thumbnail Sketches.
- 3 Color Sketches.
- 1 Fully Rendered PSD file Illustration of _________________.
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 upon the following schedule:
- (7) days days following the signature of this Agreement for the Thumbnail and Color Sketches.
- (30) days following the signature of this Agreement for the Final Illustration.
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 Client shall pay Artist a total flat fee of $_________USD 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. 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.
VI. Non-Payment; Remedies
Any delinquent payments due Artist from Client shall bear interest at the highest applicable statutory rate in any jurisdiction in which the Agreement is made. If no such statutory rate applies, payment delinquencies shall bear interest at a rate of two and one-half percent (2.5%) per month. Client agrees that it shall bear responsibility for any fees incurred by Artist in enforcing this Agreement, including but not limited to attorneys’ fees and court costs.
VII. Artist's Right to Authorship Credit
Artist may use Work in Artist's 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.
VIII. 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.
IX. Unauthorized Use by Client; Indemnity
Client agrees to indemnify Artist against any and all claims and expenses, including but not limited to attorneys’ fees and costs, incurred as a result of Client’s unauthorized use of the Work under this Agreement, including the enforcement of this Agreement by Artist.
X. Warranty of Originality
Illustrator represents and warrants to Client that, to the best of Artist’s knowledge and belief, the Work assigned by this Agreement is original and has not been previously published or licensed to any third party. This warranty shall not extend to any unauthorized or undisclosed use of the Work by Client which may infringe upon the rights of any other person. Client agrees that it shall hold Artist harmless for any claim or liability caused by Client’s use of Artist’s product to the extent such use infringes upon the rights of any other person.
XI. 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.