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All commissioners must agree to the commission agreement and terms of service below
COMMISSION AGREEMENT
This Agreement (“Agreement”), entered this [date], between [artist name] (“Artist”) and [client name](“Client”), shall govern the respective rights of Artist and Client with respect to the artwork described herein.
Artist and Client expressly agree that the artwork to be created by Artist pursuant to Client’s specifications shall be limited to, unless modified in a writing signed by both parties, the following artwork, hereafter known as “the Work.”
Artist agrees that all Assets of the Work shall be of first class quality, artistically produced, with aesthetic content technically correct and of a quality equal to current standards for Assets of similar character and purpose.
Artist and Client expressly agree that the artwork to be created by Artist pursuant to Client’s specifications shall be limited to, unless modified in a writing signed by both parties, the following artwork, hereafter known as “the Work.”
Artist agrees that all Assets of the Work shall be of first class quality, artistically produced, with aesthetic content technically correct and of a quality equal to current standards for Assets of similar character and purpose.
Client vision: Client Provides A description of the project itself and/or the client’s vision. (Client understands that it may heavily impact the success of the artwork as far as recognizability and realism as well as the amount of content for the project.) Client Provides Reference photos or Images.
Upon receipt of Client’s specifications pursuant to Section 1, which Client agrees are true and complete at the time of execution of this Agreement, Artist agrees to complete the Work upon the following schedule: Client Provides a Timeline or deadline estimate they has in mind. Discussion of deadlines for start, check ins, revisions, and final Work. Without discussions of a specialized deadline plan, A TIMELINE DETAILED IN COMPLETE CONTRACT will go into affect depending on the nature of the commission:
Sever-ability; Integration:
Client and Artist agree that this Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior communications between Artist/Client with respect to such matters. No modification of, or amendment to, this Agreement – or any waiver of any rights under this Agreement – will be effective unless in writing and signed by the Artist
Reproductions that will be used for profit or commercial uses, is strictly prohibited unless approved by the artist in Commercial Purpose Commission Agreement.
COMMERCIAL PURPOSE COMMISSION AGREEMENT
This Agreement (“Agreement”), entered this [date], between [artist name] (“Artist”) and [client name](“Client”), shall govern the respective rights of Artist and Client with respect to the artwork described herein.
Artist and Client expressly agree that the artwork to be created by Artist pursuant to Client’s specifications shall be limited to, unless modified in a writing signed by both parties, the following artwork, hereafter known as “the Work”:
Artist agrees that all Assets of the Work shall be of first class quality, artistically produced, with aesthetic content technically correct and of a quality equal to current standards for Assets of similar character and purpose.
Artist and Client expressly agree that the artwork to be created by Artist pursuant to Client’s specifications shall be limited to, unless modified in a writing signed by both parties, the following artwork, hereafter known as “the Work”:
Artist agrees that all Assets of the Work shall be of first class quality, artistically produced, with aesthetic content technically correct and of a quality equal to current standards for Assets of similar character and purpose.
Client vision: Client Provides A description of the project itself and/or the client’s vision. (Client understands that it may heavily impact the success of the artwork as far as recognizability and realism as well as the amount of content for the project.)
Client Provides Reference photos or Images.
Upon receipt of Client’s specifications pursuant to Section 1, which Client agrees are true and complete at the time of execution of this Agreement, Artist agrees to complete the Work upon the following schedule:
Client Provides a Timeline or deadline estimate that they have in mind. Discussion of deadlines for start, check ins, revisions, and final Work.
Without discussions of a specialized deadline plan, A TIMELINE DETAILED IN COMPLETE CONTRACT will go into affect depending on the nature of the commission:
LIMITATION OF LIABILITY
Under no circumstances will either party be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this Agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) in the event that such is not related to the direct result of one of the Parties’ negligence or breach.
Under no circumstances will either party be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this Agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) in the event that such is not related to the direct result of one of the Parties’ negligence or breach.
Confidentiality. During the course of this Agreement, it may be necessary for Client to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to Designer in order for Designer to complete the Graphic Design services and Deliverables in their final form. Designer will not share any of this proprietary information at any time. Designer also will not use any of this proprietary information for his/her personal benefit at any time. This section remains in full force and effect even after termination of the Agreement by it’s natural termination or the early termination by either party.
OWNERSHIP RIGHTS
Client continues to own any and all proprietary information it shares with Designer during the term of this Agreement for the purposes of the Agreement. Designer has no rights to this proprietary information and may not use it except to complete the Graphic Design services. Upon completion of the Agreement, Client will own the final Graphic Design Deliverables.
While Designer will customize Client’s Graphic Design Deliverables to Client’s specifications, Client recognizes that Graphic Designs generally can have a common structure and basis. Designer continues to own any and all template designs it may have created prior to this Agreement. Designer will further own any template designs it may create as a result of this Agreement.
Client continues to own any and all proprietary information it shares with Designer during the term of this Agreement for the purposes of the Agreement. Designer has no rights to this proprietary information and may not use it except to complete the Graphic Design services. Upon completion of the Agreement, Client will own the final Graphic Design Deliverables.
While Designer will customize Client’s Graphic Design Deliverables to Client’s specifications, Client recognizes that Graphic Designs generally can have a common structure and basis. Designer continues to own any and all template designs it may have created prior to this Agreement. Designer will further own any template designs it may create as a result of this Agreement.
REPRESENTATION AND WARRANTIES
The Parties agree and disclose that they are fully authorized to enter this Agreement. Both Parties’ performances and obligations are not to violate the rights of any third party or else violate other, if any, agreements made between them and/or any other organization, person, business or law/governmental regulation.
The Parties agree and disclose that they are fully authorized to enter this Agreement. Both Parties’ performances and obligations are not to violate the rights of any third party or else violate other, if any, agreements made between them and/or any other organization, person, business or law/governmental regulation.
DISCLAIMER OF WARRANTIES
Designer shall complete Graphic Design services for Client’s purposes and to Client’s specifications. DESIGNER DOES NOT REPRESENT OR WARRANT THAT SUCH DELIVERABLES WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. DESIGNER HAS NO RESPONSIBILITY TO CLIENT IF THE DELIVERABLES DO NOT LEAD TO CLIENT’S DESIRED RESULT(S).
Designer shall complete Graphic Design services for Client’s purposes and to Client’s specifications. DESIGNER DOES NOT REPRESENT OR WARRANT THAT SUCH DELIVERABLES WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. DESIGNER HAS NO RESPONSIBILITY TO CLIENT IF THE DELIVERABLES DO NOT LEAD TO CLIENT’S DESIRED RESULT(S).
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY.
Sever-ability; Integration:
Client and Artist agree that this Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior communications between Artist/Client with respect to such matters. No modification of, or amendment to, this Agreement – or any waiver of any rights under this Agreement – will be effective unless in writing and signed by the Artist.
Upon termination, Designer shall return any and a213all confidential Client content and materials to the Client at its earliest convenience, but in no event beyond thirty (30) days after the date of termination
Terms Of Service
Means of communication Required: email address AND/OR phone number
Client
Clients are responsible for the following: Providing A description of the project itself and/or the client’s vision, Providing Reference photos Providing a Timeline or deadline estimate, Cost of delivery of commission
Clients are responsible for the following: Providing A description of the project itself and/or the client’s vision, Providing Reference photos Providing a Timeline or deadline estimate, Cost of delivery of commission
Clients are prohibited from the following without written permission or permission from artist within commission agreement:
Display/share work publicly as long as displayed along with link to artist site, artist name, and must notify artist
Redistribution, reproduction, or profit of any form unless Commercial Terms of Service is agreed upon.
Submission of commission to any kind of online or offline contest.
Use of the commission or artist name in any way that discredits reputation or violates spirit of commission
ANY AND ALL edits, alterations, or tracing of work
Client acknowledges and agrees to the following: If at any point the client has failed to respond to messages or status updates provided by the Artist for a period longer than one month, the contract may be rendered void and further work will require renegotiation.
By commissioning the Artist, the Client is purchasing the Artist’s labor only
A Client may not request the Artist to complete a Commission without defining the timespan in the Commission Agreement to eventually allow the Artist to publicly display the image.
Client acknowledges that Satisfying the customer is of utmost importance but there ARE limits to what will be altered upon their request. The Artist will only make revisions that are within the confines of existing style and that do not clash with the mission or vision of the artist. This is for the intent of staying committed to business purpose and brand.
The Client agrees that it shall not hold Artist or any agent thereof liable for any damages arising from Artist’s failure to complete the Work in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Artist or of any third party.
Artist
Artist may use Work in Artist's portfolio (including, but not limited to, any website that displays Artist's works). When asked, Client must properly identify Artist as the creator of Work. If the Commission is defined as confidential in the Commission Agreement, the Artist will temporarily delay public display of the image at the request of the Client and as defined in the Commission Agreement until such time the Commission Agreement specifies public display is permitted.
The Artist retains all rights to the Commission, which includes but is not limited to: Distribution, reproduction, use of the Commission for Artist promotion (e.g. Profiles, Personal Space, Public Space, as defined in the Definitions section herein, etc.); or as it applies to new Terms of Service agreed upon in a Commercial Purpose Commission Agreement as defined in the Definitions section herein.
Artist hold the right to cancel, stop, or refuse work of a request on the grounds of:
Artist may use Work in Artist's portfolio (including, but not limited to, any website that displays Artist's works). When asked, Client must properly identify Artist as the creator of Work. If the Commission is defined as confidential in the Commission Agreement, the Artist will temporarily delay public display of the image at the request of the Client and as defined in the Commission Agreement until such time the Commission Agreement specifies public display is permitted.
The Artist retains all rights to the Commission, which includes but is not limited to: Distribution, reproduction, use of the Commission for Artist promotion (e.g. Profiles, Personal Space, Public Space, as defined in the Definitions section herein, etc.); or as it applies to new Terms of Service agreed upon in a Commercial Purpose Commission Agreement as defined in the Definitions section herein.
Artist hold the right to cancel, stop, or refuse work of a request on the grounds of:
Poor/inadequate communication, If at any point the Client has failed to respond to messages or status updates provided by the Artist for a period of longer than one month, the contract may be rendered void and further work will require renegotiation, Rude/bad behavior. Request contains hateful or racist imagery, Or breach of terms. or Undisclosed reasons
Copyright
Artist must be informed before start of work if the commission is for commercial purposes. Artist retains all copyright of the produced artwork. Ultimately this means that the customer has permission to share the work publicly and use it on display for private use but any reproduction of the work, especially reproductions that will be used for profit or commercial uses, is strictly prohibited unless approved by the artist in Commercial Purpose Commission Agreement. Failing to do so is a crime and may result in legal action.
DELIVERY OF completed Commission
Upon completion, the Artist will supply images of the completed work for approval. If the Customer has not paid in full then the images will be heavily watermarked. These watermarks will not obstruct the view of the artwork so much that the Customer will not be able to determine approval. Digital art Commissions will be provided to the Client via email or an online download location in .jpeg format; this does not include the Commission native files (e.g., .psd, .tif, etc.), unless agreed upon in the Commission Agreement, or thereafter, the Client obtains written permission from the Artist
The Artist is not responsible for printing [creating a hard copy of] a digital art Commission, or reproducing prints of a traditional art Commission for the Client unless agreed upon in the Commission Agreement. Nor is the Artist responsible for the cost of shipping a Commission (traditional art Commissions or any digital media device [e.g. CD, DVD, flash drive, etc.] Or print of a digital art Commission); the Client is responsible for all shipment costs.
*Late Delivery - ALL attempts will be made to complete the artwork by the above listed date but in the case of unforeseen circumstances, the customer will be notified of any delays within 72 hours of the due date or as soon as a delay is caused. Customer will be reimbursed (or discounted) 20% of the price if it is not delivered on time and reimbursed (or discounted) IN FULL if it is not completed within 2 weeks of the originally promised due date. In both cases, customer will still receive the artwork in addition to the discount. This disclaimer only exists for extreme circumstances, artwork is nearly always delivered on time.
Payment details
Unless stated otherwise, The Artist requires 50% of the payment up front before Start of Work and the rest of the payment to be submitted before the delivery of the Commission, unless otherwise agreed upon in the Commission Agreement. By giving final approval the Client is agreeing that the Commission is complete and the final payment of 50% of the total fee is due.
Currency: All prices are expressed in U.S. dollars (USD), and payments are expected to be made as such. The Client is responsible for providing the correct amount, equal to the USD amount.
If the Commission is time-sensitive, a rush fee may be applied, to be defined and agreed upon in the Commission Agreement prior to Start of Work.
Additional fees will be charged for revisions that are not due to any fault on the part of the Artist made after (4) minor changes, and for revisions reflecting a new direction to the assignment, or new conceptual input. One (1) round of revisions are offered free of charge. After that there is a fee of $20 for revisions. The Customer will be notified of a new completion date at the request of any revisions.
Termination/Kill Fee
Client may terminate this Agreement at any time by sending written notice thereof to Artist at the address provided herein. Refunds may only be issued if the Client notifies the Artist prior to Start of Work. No refunds will be issued after Start of Work, nor will a refund be issued before or after Start of Work if any of these Terms of Service are breached. Additionally, the Artist has the right to revoke access to, and stop work of, the Commission at any time after Start of Work if these Terms of Service are breached. Upon such termination, Client agrees to compensate Artist as follows:
Partial Completion. If Artist has partially completed the Work, Client agrees to compensate Artist at twenty percent (20%) of the total compensation as an addition to the initial (30%) down payment.
If this Agreement is terminated by Client after Partial Completion by Artist, Artist shall retain ownership of all rights of copyright and the original artwork, including but not limited to completed artwork, sketches, and comps.
Full Completion. If Artist has completed the finished artwork at the time of cancellation, Client agrees to compensate Illustrator in full as otherwise provided in this Agreement.
Non-Payment; Remedies
Any delinquent payments due shall bear interest at the highest applicable statutory rate in any jurisdiction in which the Agreement is made. If no such statutory rate applies, payment delinquencies shall bear interest at a rate of two and one-half percent (2.5%) per month. Client agrees that it shall bear responsibility for any fees incurred by Artist in enforcing this Agreement, including but not limited to attorneys’ fees and court costs.
Any delinquent payments due shall bear interest at the highest applicable statutory rate in any jurisdiction in which the Agreement is made. If no such statutory rate applies, payment delinquencies shall bear interest at a rate of two and one-half percent (2.5%) per month. Client agrees that it shall bear responsibility for any fees incurred by Artist in enforcing this Agreement, including but not limited to attorneys’ fees and court costs.
Warranty of Originality
Illustrator represents and warrants to Client that, to the best of Artist’s knowledge and belief, the Work assigned by this Agreement is original and has not been previously published or licensed to any third party. This warranty shall not extend to any unauthorized or undisclosed use of the Work by Client which may infringe upon the rights of any other person. Client agrees that it shall hold Artist harmless for any claim or liability caused by Client’s use of Artist’s product to the extent such use infringes upon the rights of any other person.
Release of Liability
Client agrees that it shall not hold Artist or any agent thereof liable for any damages arising from Artist’s failure to complete the Work in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Illustrator or of any third party.