Like I said in the video, I'm not a lawyer, use this just as a guide to create your own contract and have a lawyer read over.
This illustration agreement (the “Agreement”) is made as of_____________ (date) between _____________ (hereinafter referred to as the “Artist”) and _____________ (hereinafter referred to as the “Client”) with respect to the creation of certain illustrations (hereinafter referred to as the “Work”).
Whereas, Artist is a professional illustrator of good standing;
Whereas, Client wishes the illustrator to create certain Work described more fully herein; and
Whereas, Artist wishes to create such Work.
Now, therefore, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agrees as follows:
1. Description of the Work: The Artist agrees to create the Work in accordance with the following specifications:
Subject Matter _________________________________________________________________
Number of illustrations in color ___________________________________________________
Number of illustrations in black and white __________________________________________
Size of illustrations _____________________________________________________________
Medium for illustrations __________________________________________________________
Other Specifications ____________________________________________________________
Invoice job number _____________________________________________________________
2. Project Schedule/ Delivery Dates: Artist shall provide client the pencil sketches (drafts) of the illustrations no later than ____________. Artist shall provide client the final illustrations no later than _______________. In order for due dates to be met, Client needs to meet the responsibilities described on section 3.
Is there any other target date that need to be met? Or a specific schedule, put it here.
3. Client Responsibilities: Client is to provide signed contract, deposit of $ _________ and creative brief with reference photos by ____________________. Client should not take more than ______ hours or days to give feedback on sketches and its revisions. If Client fails to do approvals and give feedbacks in the timeframe here required, a new final art due date must be negotiated or an additional rush fee will be added.
What exposure are they offering?
4. Delivery: The client will receive sketches and final illustration for approval in low resolution jpgs. After approval client will receive the final illustration in ____________. (Digitally, psd, jpg, ai, pdf, physically?)
5. Rights to the Work: Upon receipt of full payment, the Artist grants to the Client the following rights in the finished art:
For use as _________________________________________________________________
For the product or publication named __________________________________________
In the following territory ______________________________________________________
For the following time period __________________________________________________
Other limitations _____________________________________________________________
With respect to the usage shown above, the Client shall have
☐ exclusive ☐ nonexclusive rights.
All rights not expressly granted hereunder are reserved to the Artist, including but not limited to all rights in sketches, comps, or other preliminary materials.
Any grant of rights is contingent upon payment in full.
6. Ownership of Work: The ownership of original artwork, including sketches and any other material created in the process of making the finished art, shall remain with the Artist. All such artwork if physically mailed to Client, should be returned to Artist by bonded messenger, air freight, or registered mail within 30 days of the Client’s completing its use of the artwork. The parties agree that the value of the original finished art is $ _______________. If Client wishes to own the Work, Client agrees to contact Artist and make such payments as are agreed between the parties at that time.
Important clause to have in a contract is one that specifies that the ownership of the artwork you produce remains with you. Remember, when selling an illustration, you’re selling the rights of reproduction, not the art itself. A clause like this also covers what happens in the event that the client damages or destroys your art by accident and specifies its value. The value given should be a realistic value and not some fantasy number.
7. Fee & Payment: Client agrees to pay the purchase price of $______ for the usage rights granted, to be paid within 30 business days after artist’s billing, which shall be dated on the invoice of #_________. Client must pay in _________ (check/ Paypal ). In the event the work is postponed per the request of the Client, the Artist shall have the right to bill pro rata for work completed through the date of that request, while reserving all other rights under this Agreement. Overdue payments shall be subject to interest charges of 5% (of total fee) monthly. At the time of signing this Agreement, Client shall pay Artist ___________ (25% to 50%) of the fee as an advance against the total fee.
One time payment or increments (if it’s a large job). Flat fee, royalties and advances.
8. Additional usage: If Client wishes to make any additional uses of the Work, Client agrees to seek permission from the Artist and make such payments as are agreed between the parties at that time.
- Phase 1 (sketch phase): Client receives 1-3 initial black and white pencil sketches as low resolution jpgs. Client has the opportunity to approve the composition, select their favorite if receiving more than one and request changes. This is the first revision allowed, an opportunity to change the layout, composition, size and placement. Once Artist receives feedback, Artist will then incorporate it, and send it back for approval if any changes were requested. An additional revision in the sketch phase will cost $_________ per revision. Once the sketch is approved Artist will develop the final illustrations. It is possible that the additional revisions can delay project due dates.
- Phase 2 (final phase): Client receives low resolution jpgs of the final illustrations for approval. This is the second revision allowed, an opportunity to request minor edits like darkening or lighting of a color and more or less shadows. Additional revisions after this point or beyond the scope of the work will be billed at $______/ hour. It is possible that the additional revisions can delay project due dates.
If the Artist objects to any revisions made by the Client, the Artist shall have the right to have her name removed from the published work.
10. Copyright Notice: Copyright notice in the Artist’s name ☐ shall ☐ shall not be published with the work.
11. Authorship Credit: Authorship credit in the name of Artist ☐shall ☐ shall not accompany the Work when it is reproduced. If the finished art is used as a contribution to a magazine or for a book, authorship credit shall be given unless specified to the contrary in the preceding sentence.
12. Cancellation: In the event of cancellation by the Client, the following cancellation payment shall be paid by the Client:
- cancellation prior to sketches being presented: 10% of fee
- cancellation after sketches are presented: 35% of fee
- if final art has been submitted, regardless of approval or not, Client will be billed 100% of the fee.
In the event of cancellation, Artist shall own all rights in the Work. The billing upon cancellation shall be payable within 30 days of the Client’s notification to stop work or the delivery of the finished art, whichever occurs sooner.
13. Permissions and Release: The Client agrees to indemnify and hold harmless the Artist against any and all claims, costs, and 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 uses that exceed those allowed pursuant to a permission or release.
14. Force Majeure: Neither party shall be liable for, or will be considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions beyond such Parties’ reasonable diligence. If any force majeure event occurs, the affected party will give prompt written notice to the other party and will commercially reasonable efforts to minimize the impact of the event.
15. Entire Agreement: This instrument contains the entire agreement of the Parties relating to the rights granted and obligations assumed in this instrument and supersedes any and all other agreements, contracts or understandings between the Parties. Any oral representations or modifications concerning this instrument shall be of no force or effect unless contained in subsequent written modification signed by the party to be charged.
16. Waivers: No provisions of this Agreement may be waived unless in writing signed by all of the parties hereto. 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 hereof.
17. Miscellany: This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal relatives. This Agreement shall be governed by the laws of the State of PA.
18. Arbitration: All disputes arising under this Agreement shall be submitted to binding arbitration before _________________ in the following location _________________ and settled in accordance with the rules of the American Arbitration Association. Judgement upon the arbitration award may be entered in any court having jurisdiction thereof. Disputed in which the amount at issue is less than $___________ shall not be subject to this arbitration provision.
19. Tear Sheets: The Client agrees to send the Artist three tear sheets in the case of printed work. This helps artist create a professional looking portfolio.
In Witness whereof, the parties have executed this Agreement as of the date first set forth above.
* Pay Attention if contracts says “work for hire”, it means author of the work and the copyright belongs to the client, ex: logo.