AGREEMENT entered into as of the ______________ day of
____________________________, 20 ________, between
WHEREAS, Creator is a professional illustrator or
photographer of good standing;
WHEREAS, Client wishes the Creator to create the Images
described more fully herein; and
WHEREAS, Supplier wishes to create such Images pursuant to
this Agreement;
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
Creator agrees to create the Images in accordance with the following
specifications:
Project title and description of
Images _______________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
Other specifications
_____________________________________________________________________________
______________________________________________________________________________________________
Other services to be rendered by
Creator ____________________________________________________________
_____________________________________________________________________________________________
2.
Due Date. The
Creator agrees to deliver the Images 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 Creator. If the
Client is to review and approve the work in progress, specify the details here
_________________
______________________________________________________________________________________________
3.
For one time use for the duration of
(from date(s) / to date(s)):______________________________________________
For the product or publication
named_____________________________________________________________
These rights shall be regional to
this area:_____________________________________________________________
This does NOT grant the rights of
any media or electronic format containing the above product or publication
unless specified to the contrary here ____________________________
__________________________________. For purposes of this agreement, media or
electronic rights are defined as rights in the digitized form of works that can
be encoded, stored, and retrieved from such media as computer disks, CD-ROM,
computer databases, and network servers.
4.
Fee. Client
agrees to pay the following lease price: $________________ for the usage rights
granted. If the fee is variable, it shall be computed as
follows__________________________________________________________________.
5.
Expenses. Client
agrees to reimburse the Creator for expenses incurred in creating the Images.
These expenses shall be itemized and supported by invoices, shall not be marked
up, and shall not exceed $_______________________ in total.
6.
Payment. Client
agrees to pay the Creator within thirty days of the date of Creator’s
Supplier’s billing, which shall be dated as of the date of delivery of the
Images. In the event that work is postponed or cancelled at the request of the
Client, the client shall pay a termination fee of
____________________________________.
The Creator will also have the right to bill and be paid pro rata for
work completed through the date of that request.
7.
Revisions or Re-shoots. The Creator shall be given the first opportunity to make any
revisions or re-shoots requested by the Client. If the revisions or re-shoots
are not due to any fault on the part of the Creator, an additional fee shall be
charged to the client as follows: _____________________________________________________________________________________________
If the Creator objects to any
revisions to be made by the Client, the Creator shall have the right to have
any authorship credit and copyright notice in his or her name kept or removed
from the Images at her/ discretion.
8.
Authorship Credit. Authorship credit in the name of the Creator shall accompany the Images
when reproduced.
9.
Copyright Notice. Copyright notice in the name of the Creator shall accompany the Images when
reproduced.
10.
Ownership of Physical Images and Storage Media. The ownership of the physical Images
in the form delivered shall be the property of the creator. Sketches and any
other materials created in the process of making the finished Images shall also
remain the property of the Creator.
Storage media (such as computer
disks and CD-ROM) that contain electronic images shall be the property of the
Creator.
11.
Releases. The
Creator agrees to obtain releases for any art, photography, or other
copyrighted materials to be incorporated by the Supplier into the Images.
12.
Warranty and Indemnity. The Supplier warrants and represents that she is the sole
creator of the Images and owns all rights granted under this Agreement, that
the Images are an original creation (except for materials obtained with the
written permission of others or materials from the public domain), that the
Images do not infringe any other person’s copyrights or rights of literary
property, nor do they violate the rights of privacy of, or libel, other
persons.
13.
Arbitration. All
disputes arising under this Agreement shall be submitted to binding arbitration
before__________ _______________________ in the following location
__________________________ 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.
14.
Term and Termination. This Agreement shall have a term ending __________ months
after payment pursuant to Paragraph 6. The Client may terminate this Agreement
at any time prior to the Creator’s commencement of work and may terminate
thereafter if the Supplier fails to adhere to the specifications or schedule
for the Images. This Agreement shall
also terminate in the event of the Creator’s bankruptcy or insolvency. The
rights and obligations of the parties pursuant to Paragraphs 3, 8, 9, 10, 11,
12 and 13 shall survive termination of this Agreement.
15.
Miscellany. This
Agreement constitutes the entire understanding between the parties. Its terms
can be modified only by an instrument in writing signed by both parties. 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 binding upon the parties hereto and
their respective heirs, successors, assigns, and personal representatives. 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.
Creator
______________________________________ Designer
_______________________________________
Company Name
Company Name
By _____________________________________________ By _____________________________________________
Authorized
Signatory, Title Authorized
Signatory, Title