Commission Terms and Agreements
You should have received an estimate in advance of receiving the link to this page. If you have not, the first step is to please contact me regarding your desired commission.
Please read the following terms in full before agreeing at the bottom of the page.
1. Payment is due upon completion of artwork. A 1.5% monthly service charge will be billed on all overdue balances. The Client’s right to use the work is conditioned upon receipt of payment and upon Client’s compliance with the terms of this agreement.
2. The Client shall be responsible for legal fees accrued due to default in payment.
3. The grant of reproduction rights is conditioned on receipt of full payment. Only rights agreed upon in writing will be transferred. The Illustrator reserves the right to display work for self-promotional purposes.
4. The Client shall be responsible for the payment of sales tax, if any such tax is due.
5. In the event of cancellation or breach by the Client, the Illustrator shall retain ownership of all rights of copyright and the original artwork, including sketches and any preliminary materials. Fees shall be paid according to the following schedule: 25% of original fee if canceled after preliminary sketches, 50% if finished art has been started, 100% if canceled after completion of finished art.
6. Alteration to artwork shall not be made without consulting the initial Illustrator, and the Illustrator shall be allowed the first option to make alterations when possible. Revisions after completion and acceptance of artwork may require charges over the original amount and will be billed separately.
7. Where applicable, Illustrator shall receive copyright notice adjacent to the work.
8. Where applicable, the Client assumes responsibility for the return of the artwork in undamaged condition within 30 days of first reproduction if use of original artwork is necessitated. The value of lost or damaged artwork is placed at no less than 100% of the cost it would be to purchase the original piece of artwork.
9. The Client will hold all responsiblity for any and all claims, expenses, and attorney’s fees resulting from uses for which the Client did not receive a written release or for uses exceeding the authority granted by a release.
10. The Illustrator warrants that, to the best of her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained.
11. Disputes arising from this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final and maybe entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney’s fees, and legal interest on any award of judgment in favor of the Illustrator.