BY SIGNING THIS DOCUMENT BOTH THE ARTIST AND CLIENT ARE COMMITTING TO THE FOLLOWING CONTRACT.
Commissioned Work Agreement:
1. The Project: 30 fashion illustrations for the book entitled; ___________________ by Client McCustomer. Illustrations will depict women in gowns, skirts, dresses etc and demonstrate the movement of fabric on the female form. Illustrations will be done using traditional media, then scanned at high resolution (300 dpi or more if needed) and provided to the client in jpg. format. The Client hereby purchases the sole and exclusive license to produce, publish, and/or sell in printed book format (and/or as an E-book) the Artwork for the legal term of copyright. This also includes any promotional material used in conjunction with advertising the final book. All original artwork will remain the property of the Artist. The Client agrees not to make any substantive changes to the Work without consulting the Illustrator.
2. Deadline and Additional Terms: Deadline for the completed work is, January 1st 2014. Artist will submit individual illustrations to the client as they are completed, with all illustrations due on or before the final deadline.
3. Changes and Alterations: If Client requests changes or adjustments to a final illustration, Artist will do one round of alterations at no additional cost. This covers small changes only and does not include starting a new illustration. If the artwork is refused a new illustration must be requested. Please see the following section.
4. Right of Refusal: It is the intent of this contract that the Artist will create a work to be purchased by the Client. However, if after an illustration is completed, the Client does not wish to purchase any or all of the work, the Client may refuse the completed artwork. In that case, the Artist will retain the refused artwork and the nonrefundable deposit of 40% ($100 per illustration) free of any claims or interests of the Client and the Client will owe no additional fees to the Artist.
5. Copyright: Artist reserves the copyright and reproduction rights as fine art prints to all works commissioned by Client (including all preliminary sketches). The copyright in the text shall belong to the Client. The Client agrees to print a copyright notice in each copy of the Work as required to obtain protection under the Universal Copyright Convention. No work outside the the terms of this contract may be reproduced by the Client without the prior written approval of Artist.
6. Payment Amounts: Total due for the completed work is $7,500.00. The payments will be collected as follows:
Illustrations #1 thru #10, client will pay $2500.00 upon receipt of #10
Illustrations #11 thru #20, client will pay $2500.00 upon receipt of #20
Illustrations #21 thru #30, client will pay $2500.00 upon receipt of #30
7. Credit: The Artistâ€™s name shall be printed in the final publication along with a brief biography, website information and optional photograph. The Client shall use their best endeavors to ensure that the artist is given full acknowledgement in any edition of the Work sublicensed by the Client to a third party.
8. Promotion: The Artist shall permit the Client free of charge to use the Artwork to promote the Work in catalogues, advertisements and other promotional material. The Artist has the right to use the Artwork for self promotional purposes as well.
9. Cancellation: Should the Client for any reason cancel publication they shall pay the artist for the works completed. The Author shall have no rights in any Artwork in progress or incomplete if cancelled.
The Artist represents and warrants that: (a) the Artist has full power to make this Agreement; (b) the Artist is the sole creator of the Artwork and is the owner of the rights herein granted; (c) the Artwork is original and has not been previously published; (d) the Artwork is in no way a violation or an infringement of any existing copyright or license.
12. Competitive Works
The Artist shall not, without the written permission of the Client, publish or authorize the publication of any book based on material in the Work, or of a nature such that it is likely to compete with the Work, this excludes art books/anthologies of the Artists works.
By signing this agreement both Artist and Client hereby agree to the terms stated above. Work will commence on receipt of this signed contract.
Client: Client McCustomer
Artist: Arty McArtist X__________________________________Date:________________