Below is my terms of service and agreement that will be sent out when commissioning me. Commissioner will be sent contract through docusign and project will not begin until proof of signature form both parties. If you have any questions please email me.
ILLUSTRATION AGREEMENT
Between Commissioner and AbbyBrittArt
Agreement as of DATE between COMMISSIONER , hereinafter referred to as the Client, and AbbyBrittArt, hereinafter referred to as the Artist. Whereas, the Artist is a professional in good standing; Whereas, the Client wishes the Artist to create certain Artwork described more fully herein; and Whereas, the Artist wishes to create such Artwork; In consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties agree as follows:
I. The Work
Project: (What the type of project is, i.e. one character half-body portrait)
Quantity and Type: (How many and type)
Description: (provided by commissioner)
Specifications: (if specific dimension sizes are needed, DPI and file type, i.e., CMYK for printing)
Work Starting Date: No later than ____
Work End Date: No later than ______
The Client is granted a non-transferable license to use the Work created under this Agreement for the agreed purposes as follows:
Licences: (promotional, non-exclusive, exclusive)
Usage: (how will the illustration be used, i.e., digital patreon, printed freebies, social media posts)
Time Period: (How long is this license good for, applicable to non-exclusive and exclusive licensing. Promotional is lifetime.)
Reproduction Limit: (unlimited if digital, if physical will be discussed)
The Client agrees to pay COST (hereinafter referred to as the Full Balance) in two 50% instalments (one prior to project start date and the final payment prior to final file submission) for the Work and Rights Granted above.
II. Reservation of Rights
The licence granted herein is contingent upon the Artist receiving full payment of all due amounts.
All rights not expressly granted above are retained by the artist, including any electronic rights or usage unless specified above and including, but not limited to, all rights in sketches, comps, or other preliminary materials. Any grant of rights is conditional upon receipt of full payment.
Upon receipt of full payment, Artist shall deliver digital files necessary to enable Client’s usage rights granted herein. Any use additional to that expressly granted above requires arrangement for payment of a separate fee.
If the Client does not publish the illustration within 12 (twelve) months after the work is complete and approved, all rights shall revert to the Artist.
Artist retains the rights to display all work created by the Artist for this project, including preliminary materials and final art, in Artist’s portfolios, including in print and online.
The Client understands that they have no right to alter the final illustration in any way except to change size for digital display. If the Client desires any alterations, they will consult the Artist. The Client understands that additional payments may be required to make these alterations.
The Client is responsible for the return of all copies of the art and permanently delete all digital copies thereof, within 30 days after expiration of time period or after number of uses specified in Client’s usage rights.
The Client may not collaborate or sublicense to other companies or individuals without prior permission explicitly stated in writing by the Artist.
a. Commencement of License Time Period
The license granted to the Client under this Agreement shall commence only upon:
Full payment of the agreed-upon amount, including any additional costs incurred during the project, as outlined in this Agreement; and
The Client’s approval of the final artwork and the subsequent delivery of the final deliverables by the Artist.
No rights or permissions to use the Work are granted until both conditions are fulfilled.
b. Licencing
If the Client is granted an exclusive license, the Client obtains sole commercial usage rights for the specific type of usage and time period as specified in this Agreement. The Artist will not sublicense, sell, or profit directly from the artwork for the same type of use as specified above during the time period.
An exclusive license does not transfer ownership of the artwork, and all rights not explicitly granted to the Client remain with the Artist.
If the Client is granted a non-exclusive licence, the Artist may license, sell, or profit directly from the artwork for the same type of use as specified above, with the Client’s full permission and official licence.
c. Sublicensing
The Client may not sublicense, assign, or transfer the rights granted under this Agreement to any third party without the prior written consent of the Artist. Any unauthorized sublicensing or transfer of rights shall constitute a material breach of this Agreement and will result in the immediate termination of the Client’s license without refund.
If the Artist consents to sublicensing, such arrangement must be subject to a separate agreement, including terms for additional compensation to the Artist.
III. Revisions
Preliminary work/sketches: Artist agrees to submit between one (1) and four (4) rough sketches for Client’s approval per concept. Additional fees will be charged to Client for revisions made after such sketches and for all revisions that reflect a new direction for the assignment or new conceptual input. The Artist will, where possible, share updates at these 3 core stages of design:
1) The rough sketch
2) The clean lines
3) The flat colours
The Client will be given the opportunity to request changes at each of these stages.
Final Artwork: Additional fees will be charged to Client for revisions made after the Client has previously approved the artwork as final design.
No additional fee shall be billed for changes required to bring final artwork up to original specifications or assignment description. Client agrees to offer Artist the first opportunity to make any changes to final artwork.
IV. Deliverables and Schedule
The Artwork shall be created in accordance with the specifications detailed in this Agreement. If the production requires a printer’s template or specific formatting instructions, the Client is responsible for providing or directing the Artist to the necessary template before work begins.
Should the Artist fail to produce the Artwork by the deadline (if given), the Artist will provide some reimbursement, to be determined at the time.
The final Artwork will be delivered to the Client in the file format specified in this Agreement. Source files will not be provided unless explicitly agreed upon in writing and subject to an additional fee as determined by the Artist. Usage of source files shall be governed by the same terms that govern usage of the Work by the Commissioner under this agreement. The Artist shall not be held liable for any consequential loss or damages occurring from late delivery of the deliverables.
The Client must notify the Artist within 21 days of delivery of the Artwork if they believe the final Artwork does not meet the agreed upon specifications of the brief. If no such notification is received, it will be conclusively presumed that the Artwork is approved and accepted, and any remaining balance or fees will be invoiced and must be paid within 30 days of the invoice date.
V. Creation Acknowledgements
The Client agrees to credit the Artist where possible. If the final product is print, the Client agrees to print the credit on the product or print credit on a separate card accompanying the print. If the product is posted digitally, the Client agrees to publish the credit when possible. The Client will make every effort to include the credit when the Artwork is used in promotion of the product.
1. Physical Copies: Illustration by AbbyBrittArt
Social Media: @AbbyBrittArt
Should the Client wish, the Artist agrees to credit the Client wherever possible as the collaborator of the design, including on portfolios and when sharing the artwork. Artwork will not be shared without permission from the Client, prior to the Clients release of the Artwork.
VI. Payment
Any balance or fees are payable in US Dollar via PayPal, unless stated otherwise in this Agreement. The Client must pay the Full Balance via the Artist’s issued invoice as soon as possible, no later than 30 days from when it was issued.
Delays to the Final Payment without notification to the artist subject the client to additional late payments fees of 50%. The Artist retains the right to discontinue, withhold, or suspend services should payments not be paid as specified in this agreement
VII. Proofing
The Client is fully responsible for proofing the illustrations provided by the Artist. At no time will the Artist be held financially or legally responsible for any problems, costs, fees or expenses incurred by Client as a result of using the illustration.
VIII. Images for Design
If the client supplies the Artist with materials subject to intellectual property rights by a third-party, the Client will secure the appropriate rights to use the materials before directing the Artist to incorporate them into the project. Should any intellectual property dispute arise involving materials the client provides, the client assumes full legal and financial responsibility.
The Artist agrees that the Work is original to the Artist and has not been previously licensed to any other party in a way that would interfere with the Rights Granted to the Client. The Artist agrees to inform the Client of any additional Rights considerations incurred through use of a third party (stock art, use of a live model, etc.).
a. Artificial Intelligence (AI)
The Client agrees not to use the Work, in whole or in part, as training data or input for any generative AI models without the Artist’s explicit written consent. Breach of this clause shall result in immediate termination of the license without refund. The Client agrees to not use generative AI in association with the Work during marketing. The Client will make every effort to support the Artist in non-AI usage, including avoiding use of AI in the brief.
The Artist agrees to not use generative AI in the development of references, sketches, or the final product. The Artist will make every effort to avoid utilising generative AI wherever possible in relation to this project. If the Client supplies sufficient proof that the Artist has utilised AI in their design, the Artist is willing to provide redesigns of the Work without AI, and to offer refunds based on the scope of AI usage.
IX. Cancellation
Once the Client has received the Work, refunds shall not be given unless the Artist gives their confirmation of cancellation in writing. If the Client cancels before the Works are completed and digital files have been received, the Artist will retain the first 50% payment for time and cost ensued. Once the digital files have been received and final approval of design given, no refunds shall be given without further discussion and agreement, alongside written, and signed approval by the Artist.
If the Artist cancels prior to initiation of the Works, the Client will receive a 100% refund if none of the Work has been produced or delivered. If part of the Work has been completed, then a proportion of the Full Balance will be retained by the artist for time and cost ensued. This proportion will be agreed upon by the Client and the Artist depended on what stage of completion the project is in at time of cancellation.
If a cancellation occurs, the Client understands that they have no Rights to any products related to The Works, including but not limited to WIP sketches. Upon cancellation, postponement or kill, Artist retains all rights and licences to the art, and all physical art and copies thereof must be returned, including sketches, comps or other preliminary materials, and Client shall permanently delete all digital copies thereof.
X. Communication
Communication will take place over email unless mutually agreed otherwise. If the Client fails to communicate within 10 days of Artist outreach, the project will be considered on hold and the Artist may charge a reactivation fee of 20% of the Full Balance.
After 30 days of no input the Artist will send a termination notice of the project to the Client.
After 40 days of no input, the project will be considered cancelled by the Client, and any cancellation fees will be due.
If delivery of the Work is delayed by lack of Client communication in a way that results in the Artist not reaching agreed deadlines, the Client will not hold the Artist liable for refunds.
If the Artist fails to communicate with the Client within 10 days of Client outreach, the Client will be offered a 20% refund outright and offered to continue the project. If the Artist failed to communicate within 30 days following outreach, the project will be considered cancelled by the Artist, under the Cancellation policy.
XI. Permissions and Releases
The Client shall indemnify and hold harmless the Artist against all claims, liabilities, and costs (including legal fees) arising from third-party intellectual property claims related to the Client or unauthorized use of the Work by the Client.
XII. Miscellany
Should the Client fail to meet any of the obligations set forth in this contract, the Client agrees to reimburse the Artist with any legal fees incurred in the enforcement of this Agreement. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties. Its terms can be modified in writing signed by both parties. It is understood by all parties to this Agreement that claims or disputes arising from this Agreement will be settled according to the pertinent laws and statutes of the United States.
This Agreement is entered into as of the date in which all parties affix their signatures below.
Client
……………………………………………
Signed By
Date:
Artist
……………………………………………
Signed by Abby Brittingham of AbbyBrittArt
Date: