Commissioning an Illustration Terms and Conditions

  • IllustrationZone - The Agency - acts solely as the agent of the Artist and confirms that it is authorised to enter into this Contract on behalf of the Artist.

  • This Contract is between the Artist and the Client. The Client agrees that all communications relating to the Artwork shall be made only to the Agency. The Client accepts that the Agency, except as specifically provided, assumes no liability under this Contract and accordingly is not liable for the acts or omissions of the Artist

  • The copyright in the Work, including all preparatory designs for the Work which includes but is not limited to sketches, graphic works, project development and production drawings, models, characters, prototypes and other matters (“Artwork”), commissioned by the Commissioner shall be retained by the Artist.

  • The Commissioner is deemed to have accepted these terms and conditions if it does not object within three days of receiving the Illustrator Commissioner Agreement form.   

  • The Commissioner or the Client (where the Commissioner is acting as an intermediary) is granted a licence solely as specified and for the usages set out on the face of the Client Order Confirmation. For the avoidance of doubt, the Artist shall have the right to use the Work and Artwork for the purpose of self-promotion, unless both parties agree otherwise in writing. 

  • The licence hereby granted is conditional upon the Agency having received payment in full of all monies due. Any attempt to reproduce the artwork without such payment, will be regarded as a breach of copyright.

  • The licence hereby granted is personal to the Commissioner or the Client (where the Commissioner is acting as an intermediary) and the rights may not be assigned or sub-licensed to any third parties without the Artist's prior written consent.

  • The Commissioner accepts that the use of the Work and Artwork is restricted as specified in the Client Order Confirmation form. Further use of the Work or Artwork is subject to an additional licence to be granted by the Artist or Agent on his/her behalf.  Both parties shall negotiate the terms of the additional licence in good faith. 

Payment

  • Unless stated otherwise in this Agreement, the Fee is payable in Euro if the client is in Europe, or in US Dollars for USA and Canadian clients.

  • All fees due to the Artist shall be exclusive of any  applicable Value Added Tax (“VAT”) or like tax (which shall be additional). 

  • If and to the extent that VAT is payable the Artist's Agent will render to the Commissioner a VAT invoice.

  • The Commissioner shall pay all invoices within 30 days of the date of the invoice. The Agency/Artist reserves the right to         charge interest at the annual rate of [8%] to accrue daily from the due date until payment is received.

 

Cancellation

    If a commission is cancelled by the Commissioner, or should the Artwork fail to satisfy, the Commissioner shall pay a cancellation      fee as follows:

  • 25% of the agreed fee if the commission is cancelled before delivery of roughs;

  • 33% of the agreed fee if the commission is cancelled after delivery of roughs;

  • 50% after delivery of colour visual

  • 75& after delivery of any subsequent revised illustration rough

  • 100% of the agreed fee if the commission is cancelled on delivery of finished artwork.

  • If the commission is cancelled at an intermediate stage, a fair and reasonable amount on account of the Fee due under this Agreement commensurate with the Schedule performed to date of such cancellation.

  • If the Artist has refused to accept further commissions from third parties, for the period in which the Artist has allotted to producing the Artwork, the Artist retains the right to claim against the Client in respect of those losses. Such claim for losses shall not exceed 100% of the Fee.

  • In the event of cancellation, ownership of all rights granted under this Agreement shall revert to the Illustrator unless the Artwork is based on the Commissioner's visuals or otherwise agreed.

  • Rejection: If the artist has correctly followed the brief, and the work is consistent with that of the artist's portfolio, and with that shown to the client, then the full fee is payable. The client has no right to reject the work on the basis of style or composition. 

  • Under no circumstances can there be a reduction in the agreed fee if the client uses the artwork for the purposes detailed on       the job acceptance form.

  • The Illustrator shall use reasonable endeavours to deliver the relevant Artwork as digital files in accordance with the specifications to the Commissioner by the agreed date and shall notify the Commissioner of any anticipated delay in which case the Commissioner may (unless the delay is the fault of the Commissioner) ask the Illustrator to deliver the relevant Artwork as agreed in the Schedule or on a mutually agreed date – whatever is the later date. 

  • The artist can only adhere to deadlines agreed if there is no delay in the approval of roughs or in the supply of reference material.

  • The Commissioner shall make an immediate objection upon delivery if the Artwork is not in accordance with the brief. If such objection is not received by the Illustrator within 7 days of delivery of Artwork it shall be conclusively presumed that the Artwork is acceptable.Requests for amendments made later than: (a) three working days after the delivery of Artwork may be refused by the Artist where they may interfere with subsequent commissions. In this case, no reduction in fee will be allowed; or (b) seven days after the delivery of the Artwork will be refused by the Artist and it shall be conclusively presumed that the Artwork has been accepted 

  • If the Commissioner changes the brief and requires subsequent changes, additions or variations, the Illustrator may require additional payment. The Illustrator may refuse to carry out changes, additions or variations which substantially change the nature of the commission.

  • If an estimate is requested prior to receiving full details of the commission, it should be understood that this is in no way binding and may differ after the artist has received the complete brief.

Guarantees

  • Except where Artwork is based on reference material or visuals supplied by the Commissioner or where otherwise agreed, the Illustrator guarantees that the Artwork is original and does not infringe any existing copyright.

  • The Commissioner guarantees that any necessary permissions have been obtained for the use of reference material or visuals supplied by the Commissioner or the Client and undertakes to keep the Artist fully and effectively indemnified against any and all claims and expenses including reasonable legal fees arising from the Illustrator's use of any materials provided by the Commissioner or the Client.

 

Source files 

  • Deliverables do not include original source files but only files in the format as specified in the Work definition. It shall be at the Illustrator’s discretion to make original source files available to the Commissioner on request for a mutually agreed fee. Usage of source files shall be governed by the same terms that govern usage of the Work by the Commissioner under this agreement.

Artwork

  • The Artwork shall not be intentionally destroyed, altered, retouched, modified or changed in any way whatsoever without the written consent of the illustrator.

  • Unless otherwise agreed in writing, supply by the Artist of any electronic image in separated or layered form shall not grant the Client the right to use the separated material

  • Unless otherwise agreed in writing, the Client agrees that it will not instruct third parties to produce artwork which is the same as or similar to the Artwork

  • Where hard copy original Artworks are supplied the Commissioner shall return all Artwork to the illustrator not later than 3 months after delivery in undamaged, unaltered and un-retouched condition.  The Commissioner may make and retain copies to enable it to exploit the rights granted with the Artwork.

  • If the original Artwork is lost or damaged at any time whilst in the Commissioner’s custody the Commissioner shall pay compensation to the Illustrator for the loss/damage of the Artwork at a rate to be agreed in good faith between the parties.

  • neither the Artist nor the Agency shall be liable for: loss of profits; loss of business; depletion of goodwill and/or similar losses; loss of anticipated savings; loss of goods; loss of contract; loss of use; loss of corruption of data or information; any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and (b) total liability of both the Artist and Agency in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of this Contract shall be limited to the price paid for the Artwork.

Credits/Moral Rights

  • The Commissioner shall ensure the Illustrator is credited in any editorial use of the Work. Credits for non-editorial use are not required unless so indicated on the front of the Illustrator Commissioner Agreement form.

    Samples

  • Unless otherwise agreed, the Illustrator shall be entitled to receive not less than four printed copies of the Work if applicable.

Notices

  • All notices shall be sent to the Illustrator’s agent and to the Commissioner either at the postal address or email address stated in this Agreement. Each party shall give written notification of any change of address or email address to the other party prior to the date of such change.

  • No offer placed by the Client for any artwork shall be accepted by the Artist other than: (a) by a Client Order Confirmation; (b) by a purchase order signed by the Client accepting these Terms; or (c) (if earlier) by the Artist starting to produce Artwork having received either written or verbal permission to start, when a contract for the supply and purchase of the Artwork on these Terms will be established.