The purpose of this document is to note down the agreement that is reached between Client and Artist.
If both Parties reach an agreement that disputes anything in this document, this can be seen as an exeption. If there is a discussion or misunderstanding, both parties can fall back on this document to clear up misunderstandings.
If a Party notices something important is missing in the contract, they should notify the other Party through written means (including but not limited to e-mail).
This contract is an offer ("Offer") by Artist name/registered trade name("Artist") to Name of Hiring Company Here("Client") made on date for Artist to provide creative work ("Work" – as described below) for the project("Project") as requested by
After Client accepts this offer,
Client will provide Artist with a description ("Description") containing the details and guidelines for the Work (including, but not limited to, polycount, texture size, theme, license type ).
Artist will respond on the Description, providing additional information ( including but not limited to Price, suggestions for change) to Client.
Both Parties can discuss the Description untill a written agreement is reached.
Then Artist starts working according to the Description.
This offer does not contain any prices
This offer is an agreement between Client and Artist, and does not obligate a party to send or accept Descriptions.
A purpose of this offer (including but not limited to) is to prevent that Client and Artist have to sign a contract for every model or assignement Client requires from the Artist.
The Client informs the Artist of all the details and guidelines for the Work. The Description gives Artist the knowledge needed to provide the work to Client and Client should not assume that Artist has knowledge about what Client wants. It must be possible for Artist to ask for extra information through e-mail.
Client retains Artist to create Enter a description of the work here. Work includes only the final, deliverable art, and not any preliminary work or sketches.
Price and Delivery.
Once the offer is accepted, Client sends Artist a description for the desired Work.
A Price (The non-refundable flat-fee for Work is Price and does not include VAT ) is discussed between Artist and Client, based on the amount of Work and other various factors (including, but not limited to deadlines, optimization limitations).
When both parties reach an agreement
payment must be made 50% before any work begins, and 50% after the work is completed and Client received it .
Payment should be made in the method and manner specified by Artist.
When Final Art is delivered to Client, Artist notifies Client through written means (including but not limited to e-mail). After 30 days, if Client has not payed the Price, this offer is canceled and Client removes the Final Art(including but not limited to local hard drive, usb, extern hard drive, sd card, online upload service) and has no right on any type of copyright or license regarding the Final Art.
RIGHTS TO FINAL ART
Artist offers 2 types of licenses to the Client
Client can write in the Description which license he wants.
Client can choose one of the following licenses for each unique model
Client receives the licenses upon full payment been made to Artist.
if not, Client has no right to use the model (including but not limited to distributing screenshots for promotional purposes,
The non-exclusive costs are one fifth ( 20 % ) of the Price, because the Artist is allowed to resell the model.
Client can always pay the additional 80% to upgrade to the exclusive license, as long as Artist has not sold the model to any other third party.
the exclusive, perpetual and worldwide right and license to use, reproduce, adapt, modify and display the Final Art solely in connection with the Project as defined in the Offer and in accordance with the terms and conditions of this Agreement. Artist agrees that Work is produced with the intent to be unique and will not seek to resell or publish Work, except as noted below (see Artist's Right to Authorship Credit. ).
perpetual non-exclusive license of the right to display, modify, transmit, and create derivative works to Work to Client, excluding the right to sell, distribute, authorship credit, which is retained by Artist. Artist agrees that Work is produced with the intent to be resold or published by the Artist.
If Artist chooses to provide Client with other art or Work (including, but not limited to, blockout models, test samples, source art) Client should treat these files confidential and has no right to use these commercial, unless Artist agrees in written form (including, but not limited to e-mail)
Artist can inform Client that the provided work is not part of Final Art, but is not required to.
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, prints). Client and Artist agree that 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.
Changes to the work.
If Client requests changes to the Work, then depending on the amount of work, these will be free or charged 25% of the price for every change. If Artist refuses to make the changes, this Offer is expires.
Client Accepts Artist's Creative Vision.
Client agrees that Artist will complete Work in Artist's creative style at Artist's sole discretion. If Client refuses to receive Work or demands Work be redone, it is understood and agreed that Client is cancelling the Agreement, and no fee will be refunded.
Cancellation, and Expiration of the offer.
The fee for Work is non-refundable. If Client nonetheless does not want or refuses to receive Work, Artist may decide whether or not to complete Work, and will exclusively retain all right to Work. This Offer expires if it is verbally or through writing (including, but not limited to, by e-mail or text chat) withdrawn by Artist.
The Artist has no obligation to keep working on the Project, and can not hold liable for quitting at any given time. Both parties can cancel this agremeent at any given time. However both Parties appreciate it if a written notification (including, but not limited to, e-mail) is send to notify the Cancellation.
If Client cancels the Offer, he will pay 50% of the agreed price, to compensate the Artist his time, excluding the first 2 models. This allows Client to cancel the Offer when quality of Work is not of desired quality.
Limitation of Liability.
Client agrees that Artist will not be liable for any damages (including, but not limited to, incidental or consequential damages), that arise from Artist's performance of this commission (including, but not limited to, failure to perform in a timely manner, regardless of whether the failure was intentional or negligent.)
For purposes of this Agreement, "Confidential Information" shall mean any and all non-public information, including, without limitation, technical, developmental, marketing, sales, operating, performance, cost, know-how, business plans, business methods, and process information, disclosed to the Recipient.
The Artist agrees to not disclose any Confidential Information.
Client agrees that Artist will not be liable for Confidential Information leaks (including, but not limited to, computer virus, hacked computer, hardware that contains the information gets stolen)
Artist does not charge VAT, according to Belgian Law for temporary occasional business relations.
Client is responsible to pay any additional VAT to the government of his country, following the requirements of the local law.
Dispute Settled by Arbitration, and Governing Law.
This agreement is subject to Belgian law. All disputes, as a result of this placement, need to be subjected to
a mediation attempt by the parties beforehand. it this is not successful the parties are free to institute
proceedings before the authorized judicial authorities of the judicial district of Gent.
Acceptance of terms
The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. Designer as sender and Client as recipient will acknowledge acceptance of these terms either through an e-mail noting acceptance or acceptance is acknowledged at the beginning of any work on said project. Electronic signatures shall be considered legal and binding.
Changes to this document can only be made when both parties agree on the changes, and is supported by written evidence.
This Offer may be accepted (within 96 hours of being made or if withdrawn, as in Expiration, above) and be enforced upon the signature of Client (an electronic signature is acceptable).
Client:____________________ (signature), on ________(date)