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 _________________
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