Ian David Marsden
Place de la Liberté
34270 Claret, France
Tel: +33 (0)6 42 49 82 11
Parties
The commissioning party is referred to as “The Client” or “Client” and Ian David Marsden is referred to as “The Illustrator” or “Illustrator”.
01. Payment Terms
50% before commencement of project and 50% upon delivery of the finished artwork. Final payment is always due on delivery of the final artwork. The Illustrator will deliver low resolution JPEGs of the artwork or low resolution videos on completion for Client’s final approval.
Once final payment has cleared in the Illustrator’s account, the Illustrator will e-mail a link where the Client can download the high-resolution artwork, videos and all files and assets as agreed to and outlined in the project estimate / contract.
Please be aware that the Illustrator is an independent, self-employed artist and does not invoice on a 30 day, 60 day or 90 day payment basis. The grant of any license or usage rights is conditioned on receipt of full payment. A 2% monthly service charge will be billed for late payment.
A day rate of 1500.00 Euro is applicable for assignments where my presence on location is required. This fee together with my travel expenses will be calculated beforehand and is due before my departure. This fee is separate to any artwork or transferal of rights related fees.
02. Default in Payment
The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
03. Grant of Rights
The transfer of usage rights and/or the grant of any reproduction rights as listed in the estimate are conditioned on receipt of full payment.
04. Delivery Schedule
All dates and time schedules are contingent upon prompt project commencement and timely Client’s input as required. If the client does not get back to the illustrator with required feedback, information or approvals in a timely manner, the deadline will need to be modified or adjusted.
05. Expenses
The Client shall reimburse the Illustrator for all expenses arising from the assignment. These expenses, if applicable, would be clearly listed in the initial estimate.
06. Estimates
The fees and expenses as detailed in the Illustrator’s estimate are binding as long as no changes to the project assignment or requested rights transferred are made.
07. Cancellation
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 other preliminary materials. The Client shall pay the Illustrator according to the following schedule: fifty percent (50%) of original fee if canceled after preliminary sketches are completed, one hundred percent (100%) if canceled after completion of finished art.
08. Sales Tax
The Client shall be responsible for the payment of sales tax, if any such tax is due.
09. Alterations
Alteration to artwork shall not be made without consulting the Illustrator, and the Illustrator shall be allowed the first option to make alterations when possible. After acceptance of artwork, if alterations are required, a payment shall be charged over the original amount.
10. Revisions / Changes
Revisions not due to the fault of the Illustrator shall be billed separately. Illustrator reserves the right to adjust the rates of the project should the scope of the job or amount of work to be done be increased significantly. 2 Revision phases are included in the sketching phase, 1 revision phase if needed is included in the final art phase. Any revisions beyond these will be billed at a rate of 100 Euro per hour or part thereof. If the Client changes the brief and requires subsequent changes, additions or variations which substantially change the nature of the commission or brief as outlined in the estimate, this will be considered a new project and is subject to a new separate estimate. Fees applied to the original project will not be applied to the new project. See cancellation terms.
11. Approval / Rejection
The Client 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 2 business days of delivery of artwork, it shall be conclusively presumed that the artwork is acceptable.
Should the artwork fail to satisfy, the Client may reject the artwork upon payment of a rejection fee as follows:
If the client rejects final artwork that is faithfully based on approved roughs/layouts/sketches, then this is not acceptable and full payment is required.
In the event of rejection, ownership of all rights granted under this agreement shall revert to the Illustrator unless the artwork is based on the Client’s visual or otherwise agreed.
12. Deliverables
The Client is paying for initial sketches, revision phases and finished, print ready or web ready files in various file formats and sizes as agreed. Layered, unflattened or non-outlined Adobe Photoshop, Adobe Illustrator or any other project master files remain with the Illustrator.
If the Client requires layered files to reformat for use in other mediums the Illustrator will gladly provide a cleaned-up version of the layered master if requested.
13. Credit Lines
On any contribution for magazine or book use, the Illustrator shall receive name credit in print. The illustrator’s name is to be listed as: IAN DAVID MARSDEN. The client notes that the work of the illustrator is protected by the moral rights contained in copyright law, and the illustrator hereby asserts these rights.
14. Illustrator’s Copies
If applicable the Client shall furnish the Illustrator with five to ten (5-10) free copies of the work upon publication. The Client shall send the Illustrator two free copies of any sub-licensed or foreign edition of the work. In cases where this is not applicable digital copies (such as JPEGs) of the artwork in it’s final published form would be appreciated for Illustrator’s portfolio.
15. Self Promotional Use
The Illustrator reserves the right to display the work in his portfolio, on his website, on Illustrator’s social media and other self-promotional outlets, unless specifically requested by the Client. A copyright notice and correct Credit Bylines will always be included as specified by the Client.
16. Return of Artwork
If applicable the Client assumes responsibility for the return of the artwork in undamaged condition within thirty (30) days of first reproduction.
17. Unauthorized Use
The Client will indemnify the Illustrator against all claims and expenses, including reasonable attorney’s fees, arising from uses for which no release was requested in writing or for uses exceeding the authority granted by a release.
18. Warranties
Except where artwork is based on reference material or visuals supplied by the Client or where otherwise agreed, the Illustrator warrants that the artwork is original and does not infringe any existing copyright and further warrants that she/he has not used the artwork elsewhere.
The Client warrants that any necessary permissions have been obtained for the agreed use of reference material or visuals supplied by the Client or its customer and shall indemnify the Illustrator against any and all claims and expenses including reasonable legal fees arising from the Illustrator’s use of any materials provided by the Client or its customer.
19. Warrant of Originality
The Illustrator warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Illustrator has full authority to make this agreement; and that the work prepared by the Illustrator does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Illustrator’s product which may infringe on the rights of others. Client expressly agrees that it will hold the Illustrator harmless for all liability caused by the Client’s use of the Illustrator’s product to the extent such use infringes on the rights of others.
20. Confidentiality (NDA)
The Illustrator acknowledges that during the course of completing the Job and creating the Designs, Illustrator will have access to and become acquainted with various product concepts, trade secrets, inventions, innovations, processes, information, records, specifications and other Confidential Information (as defined in the NDA) owned or licensed by Client. Illustrator agrees that he will not disclose any Confidential Information, directly or indirectly, or use any Confidential Information in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of this engagement with Client.
21. Limitation of Liability
Client agrees that it shall not hold the Illustrator or his/her agents or employees liable for any incidental or consequential damages which arise from the Illustrator’s failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Illustrator or a third party.
22. Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of France and the courts of Montpellier shall have non-exclusive jurisdiction to determine any disputes, which may arise out of, under, or in connection with this Agreement. 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.
23. Modification or Amendment
No amendment, change or modification of this Agreement shall be valid unless in writing signed by the Parties hereto. Likewise the rights of and available to each of the Parties under this Agreement cannot be waived or released orally, and may be waived or released only by an instrument in writing.
24. Severability
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
a.) The validity or enforceability in that jurisdiction of any other provision of this Agreement; or
b.) The validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
25. Acceptance of Terms
The signature of both parties shall evidence acceptance of these terms. Digital signatures are acceptable and binding.
Illustrator Name: Ian David Marsden
