1) Reservation Of Rights: all rights not expressly granted are retained by the artist, including any electronic rights or usage, & incl., but not limited to, all rights in sketch, comp or other preliminary material. any use additional to that expressly granted above requires arrangement for payment of a separate fee.
2) Revisions: revisions may be made only by the artist at the sketch stage. additional fees will be charged for revisions made after approval of finished work , and for revisions reflecting a new direction to the assignment, or new conceptual input.
3) Cancellation & Kill Fees: cancellation fees are due based on the amount of work completed. fifty percent (50%) of the final fee is due with notification that for any reason the job is cancelled or postponed before the final stage. one hundred percent (100%) is due despite cancellation or postponement of the job if the art has been completed. upon cancellation or kill all rights to the art revert to the artist & all original art must be returned, including sketch,comp, or other preliminary material.
4) Credits & Copies: a credit line suitable to the design of the work can be used at the artists discretion. client agrees to pay an additional fifty percent (50%) of the total fee, excluding expenses, for failure to include credit line. credit line is required independent of artists signature, which shall be included at artist's discretion unless otherwise agreed in writing. client agrees to provide artist with one (1) sample copy of any material.
5) Payment: payment for finished work is due upon acceptance. the clients right to use the work is conditioned upon receipt of payment, and upon clients compliance with the terms of this agreement. a service charge will be billed against late payment.
6) Original Art: original art remains the property of the artist unless expressed in the agreement.
7) Additional Expenses: if client does not provide a courier/shipping number, shipping charges will be added to final invoice. client agrees to reimburse artist for any & all related & reasonable expenses.
8) Permissions & Releases: the client agrees to indemnify & hold the artist harmless against any & all claims, costs, & expenses, including attorney's fees, due to materials included in the work at the request of the client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.
9) Miscellany: this agreement shall be binding upon the parties, their heirs, successors, assigns, & personal representatives. this agreement constitutes the entire understanding of the parties. its terms can be modified only by an instrument in writing signed by both parties, except that the client may authorize expenses or revisions orally. no terms attached to any check for payment under this agreement can modify the agreement except under an independent instrument in writing signed by both parties. any dispute regarding this agreement shall be arbitrated in [a location to be determined by the artist] under the rules of the local arbitration association & the laws of the local jurisdiction. a waiver of a breach of any of the provisions of this agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. this agreement shall be governed by the laws of the local jurisdiction & courts of such state shall have exclusive jurisdiction & venue. see also: copyright notice : privacy policy