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TERMS |
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1. Reservation of Rights |
4. Payment |
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All rights not expressly granted above are retained by the Artist, including
any electronic rights or usage and including, but not limited to, all rights
in sketches, comps, or other preliminary materials. Any use additional to
that expressly granted above requires arrangement for payment of a separate
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A one-third (33%) deposit is due upon signing the contract to start the
job. This signing also signifies that the Client has approved one of
the sketches submitted. The balance is due the day the job will be
completed. Deposit made be made by cash, check or money order but if making
a deposit by check the check will need to clear prior to starting the job. |
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2. Revisions |
5. Original Art |
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(A) Preliminary work/sketches: Artist agrees to submit 3 rough sketches
for Client's approval. 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. (B) Finished
Art: Client agrees to pay Artist an additional fee, to be negotiated
separately, for changes requested to final art where Client asked Artist
to proceed directly to final art. 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. |
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Original art remains the property of the Artist unless expressed otherwise
in the agreement. Client is responsible for return of original art in
undamaged condition within 14 business days of receiving if Client "kills"
the job. If sketches are approved and the job is scheduled to start within
the 14 days of receiving than the Artist will require original art to be
returned with ample time to prepare for the
job. |
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3. Cancellation and kill fees |
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Cancellation ("kill") fees are due based on the amount of work completed,
based on percentage. Upon cancellation or kill, all rights to the art revert
to the Artist, and all original art must be returned, including sketches,
comps, or other preliminary materials. |
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Miscellany
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 Camden, New Jersey under the
rules of the American Arbitration Association and the laws of New Jersey. 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 State of New
Jersey and the courts of such State shall have exclusive jurisdiction and
venue.
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