Patsi Designs
Confirmation of Assignment
AGREEMENT entered into as of the _____ day of _________, _____, between ___________________________
(hereinafter referred to as the “Client”), located at _________________________________________________, and _________________________________________________ (hereinafter referred to as the “Illustrator”),
located at ___________________________________________________________________________, with respect to the creation of certain illustrations (hereinafter referred to as the “Work”).
WHEREAS, Illustrator is a professional illustrator of good standing;
WHEREAS, Client wishes the Illustrator to create certain Work described more fully herein; and
WHEREAS, Illustrator wishes to create such Work.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows:
1. Description. The Illustrator agrees to create the Work in accordance with the following specifications:
Subject matter _____________________________________________________________________
Number of illustrations in color ___________________ Number of illustrations in black and white ____________
Size of illustrations ______________________________ Medium for illustrations __________________________
Other specifications ___________________________________________________________________________
Client purchase order number ________________________________________ Job number _________________ 2. Due Date. The Illustrator agrees to deliver sketches within _____ days after the later of the signing of this Agreement or, if the Client is to provide reference, layouts, or specifications, after the Client has provided same to the Illustrator. Finished art shall be delivered _____ days after the approval of sketches by the Client. 3. Grant of Rights. Upon receipt of full payment, the Illustrator grants to the Client the following rights in the finished art: For use solely in promotion of the business ___________________________. For the period of ____________ years. Promotional use shall be in any and all advertising uses, such as, business card, letterhead, stationary, postcards, ads, newsletters, web sites, etc. All resale of work is prohibited without written approval of illustrator, Patricia L. Pohle of Patsi Designs. Illustrator retains all rights to use the illustration(s) in any self promotions in advertising and sales. 4. Reservation of Rights. All rights not expressly granted hereunder are reserved to the Illustrator, including but not limited to all rights in sketches, comps, or other materials used to create the work. 5. Fee. Client agrees to pay the invoice fees for the usage rights granted. Client agrees to pay sales tax, if required. 6. Additional Usage. If Client wishes to make any additional uses of the Work, Client agrees to seek permission from the Illustrator and make such payments as are agreed to between the parties at that time. 7. Expenses. Client agrees to reimburse the Illustrator for the following expenses: ___ Messengers ___ Models ___ Props ___ Travel ___ Telephone or Other ________________________________________________________.
At the time of signing this Agreement, Client shall pay Illustrator $_____________ as a nonrefundable advance against expenses. If the advance exceeds expenses incurred, the credit balance shall be used to reduce the fee payable or, if the fee has been fully paid, shall be reimbursed to Client. 8. Payment. Client agrees to pay the Illustrator within thirty (30) days of the date of Illustrator’s billing, which shall be dated as of the date of delivery of the finished art. In the event that work is postponed at the request of the Client, the Illustrator shall have the right to bill prorated for work completed through the date of that request, while reserving all other rights under this Agreement. Overdue payments shall be subject to interest charges of 2 percent monthly. 9. Advances. At the time of signing this Agreement, Client shall pay Illustrator ____ percent of the estimated fee as an advance against the total fee. Upon approval of sketches, Client shall pay Illustrator ____ percent of the fee as an advance against the total fee. 10. Revisions. The Illustrator shall be given the first opportunity to make any revisions requested by the Client. If the revisions are not due to any fault on the part of the Illustrator, an additional fee shall be charged. If the Illustrator objects to any revisions to be made by the Client, the Illustrator shall have the right to have his or her name re-moved from the published Work. 11. Copyright Notice. Copyright notice in the Illustrator's name __ shall __ shall not be published with the Work. 12. Authorship Credit. Authorship credit in the name of the Illustrator __ shall __ shall not accompany the Work when it is reproduced. If the finished art is used as a contribution to a magazine or for a book, authorship credit shall be given unless specified to the contrary in the preceding sentence. 13. Cancellation. In the event of cancellation by the Client, the following cancellation payment shall be paid by the Client: (A) cancellation prior to the finished art being turned in: ____ percent of fee, (B) cancellation due to finished art being unsatisfactory: ____ percent of fee, and (C) cancellation for any other reason after the finished art is turned in: ____ percent of fee. In the event of cancellation, the Client shall also pay any expenses incurred by the Illustrator and the Illustrator shall own all rights in the Work. The billing upon cancellation shall be payable within thirty (30) days of the Client’s notification to stop work or the delivery of the finished art, whichever occurs sooner. 14. Ownership and Return of Artwork. The ownership of original artwork, including sketches and any other materials created in the process of making the finished art, shall remain with the Illustrator. All such artwork shall be returned to the Illustrator by bonded messenger, air freight, or registered mail within thirty days of the Client’s completing its use of the artwork. The parties agree that the value of the original finished art is $____________. 15. Permissions and Releases. The Client agrees to indemnify and hold harmless the Illustrator against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or privacy release was requested or uses that exceed those allowed pursuant to a permission or release. 16. Arbitration. All disputes arising under this Agreement shall be submitted to binding arbitration before _______in the following location Denver Colorado and settled in accordance with the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. Disputes in which the amount at issue is less than $__________________shall not be subject to this arbitration provision. 17. Miscellany. 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 only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally. 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 hereof. This Agreement shall be governed by the laws of the State of ___________________.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the date first set forth above.
Illustrator ___________________________________________ Client ________________________________________ Patsi Designs
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