CONTRACT FOR COMMISSIONED ILLUSTRATION
This contract is an offer for Type of illustrations to Artist's Full Name by Commissioner's Full Name made on Date (EX: Apr 21, 2013) for Artist to provide creative work for Title of Work Here book as requested by Commissioner's Full Name.
1. Work. Commissioner retains Artist to create. Work includes the final, deliverable art, and preliminary work or sketches.
2. Price and Delivery. Payment will total $Amount USD for #of illustrations. It will be made in #of installments between the month(s) of Timeline (EX: April through July of the year 2013.) Payment will be made upon approval and notes from Commissioner. Payment will be made via Payment Method (EX:Paypal.com). The Commissioner will incur a 1.5% weekly service charge against late payments and Work will cease unless written agreement is made #of days prior to payday or deadline changes.
The installments of payment for Work will be delivered in the following USD AMOUNTS:
Work is to be delivered no later than the following #of deadlines:
1. Deadline 1 (EX: Images 1-2 1st Drafts-Due Tuesday, April 23rd, 2013 by 11:59pm via email.)
2. Finals/ Touch ups Deadline (EX: Finals/Touchups-Due Tuesday, July 30th, 2013 by 11:59pm via email.)
Due to the fact that payments will be made upon review, revision, and given notes the Artist should expect to be paid no later than #of Business days after each individual deadline detailed above. All payments will be made by 11:59pm on payday. Commissioner agrees that Rights to publish work is conditioned upon the receipt of final payment by Artist from the Commissioner. Commissioner agrees that Artist must be provided with a sample of the printed material upon completion of the book.
3. Grant of Rights. Artist agrees to the perpetual exclusive license of all rights (including, but not limited to, the right to display, modify, transmit, transfer, sell, and create derivative works. Derivative works include, but is not limited to, book merchandise such as, apparel, toys, accessories, digital media, etc... ) to Work to Commissioner, excluding only the right to authorship credit, which is retained by Artist. This Grant of Rights will license the Work for a flat-fee of $ USD. The Artist cannot seek anymore compensation for Grant of Rights past said flat fee. The fee will be paid upon Commissioner's acceptance and receipt of all Work. The payment of the flat-fee will be made on Date (EX: Saturday, August 10th, 2013. ) This payment will be made via Payment Method (EX:Paypal.com). The Artist agrees that Work is produced with the intent it be unique and will not seek to resell or publish Work, except as noted below.
4. 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). Commissioner and Artist agree that when asked, Commissioner must properly identify Artist as the creator of Work. Artist name must appear on the book. If a credit line does not appear, there will be a fee of ___% of the total cost paid to the Artist. If the Artist wishes to file for US copyright of this Work Artist will bear their own costs (Commissioner can bear the cost if need be).
5. Artist's Creative Vision. Commissioner agrees that Artist will complete Work in Artist's creative style at Artist's discretion. However, if Commissioner refuses to receive Work or demands Work be redone, it is understood that the Artist must comply with said changes. The compliance of the Artist will be compensated with $ USD per additional revision made. Artist will receive said payment no later than #of business days after revision submission. Artist will be paid via Payment Method (EX:Paypal.com).
6. Cancellation, and Expiration. If Commissioner 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 that has already been made. In the event that this circumstance occurs the Artists is entitled to keep the payments that have been made thus far. This Offer automatically expires upon ___ hours of being made and may not then be accepted. This Offer expires if it is verbally or through writing (including, but not limited to, by e-mail or text chat) withdrawn by Artist.
7. Limitation of Liability. Commissioner 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.) However, this clause is voided if it is discovered if the Work has been plagiarized by the Artist. In the event that this situation occurs, the Artist is then liable for any damages incurred.
8. Dispute Settled by Arbitration, and Governing Law. Any dispute under or about this Agreement must be submitted to and resolved by arbitration. Parties will bear their own costs. Any court may enforce the arbitration award. This Agreement will be governed by the laws of State, in the country of The United States of America.
This Offer may be accepted (within #of days of being made or if withdrawn, as in Expiration, above) and be enforced upon the signature of Commissioner (an electronic signature is acceptable).
Artist:____________________ (signature), on ________ (date)
Commissioner:____________________ (signature), on ________ (date)