ILLUSTRATOR PROFESSIONAL SERVICES AGREEMENT

 

1. Reservation of Rights, Copyrights & Credits

 

a) As the Illustrator, I reserve the right to decline a commission request for any reason; in this case the Client will be informed and will receive a full refund. Discriminatory or offensive requests/references are examples of requests that will always be declined.

 

b) The portrait copyright remains with the Illustrator. The Illustrator can use the portrait for personal and/or commercial purposes after the release of the portrait to the Client, unless otherwise stated in writing.

 

c) The Client is free to print and/or share the portrait if properly credited exactly as follows: Illustrated by Mirjam Butt, website: www.skyfullofdreams.com, Instagram tag: @sky_full_of_dreams_studio 

 

d) It is prohibited for the Client to use the portrait for commercial purposes without the Illustrator’s explicit and specific permission in writing. The Client is required to inform the Illustrator if the commissioned work is intended for commercial purposes as different terms apply for commercial projects.

 

e) It is forbidden to edit/modify the portrait without the Illustrator’s explicit specific permission in writing; this also includes the removal of the Illustrator’s signature.

 

f) The copyright of fan-art lies with the celebrity in question. Fan-art cannot legally be used for commercial purposes by either the Illustrator or the Client.

 

g) The Client agrees to indemnify and hold the Illustrator harmless against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the artwork/portrait at the request of the Client for which no copyright permission or privacy release was requested or for which uses exceed the uses allowed pursuant to a permission or release in case clause 1.f is breached.

 

2. Requirements

 

Client needs to be in the possession of and provide the Illustrator with a clear reference picture (preferably high resolution; the more detailed the reference, the more detailed your digital portrait will be).

 

A requirements intake agreement will be part of the process and must be signed off by the Illustrator and the Client before illustration commences. This is done to avoid any misinterpretations of requirements and/or disagreements about the scope of the assignment throughout the remainder of the process.

 

3. Description of the order

 

a) Client will receive one or more digital portrait(s) - depending on the placed order - based on the reference picture(s) provided. Examples of what can be expected as a final product can be found on the Illustrator’s website: www.skyfullofdreams.com under ‘portfolio’ & ‘commissioned work’ (‘click here to view examples’ button).

Based on the Illustrator’s portfolio, the Client has formed a clear understanding of what they can expect when it comes to their personal portrait(s)/order and can expect the same level of quality and detail of the works showcased on Illustrator’s website.

 

b) Every portrait is unique, and hand drawn in Photoshop. Generally, the creation of a portrait takes up to 20-30 hours to complete, depending on the complexity. As the Illustrator typically works on multiple concurrent projects, your order may take up to six weeks to complete after the intake agreement has been signed off.

 

c) Upon completion of the final illustration, the Illustrator will share a high resolution (300 dpi), A3 (29,7cm x 42cm / 11,7 x 16.5 inches) digital file (either JPEG/PDF in CMYK) with the Client per mail.

 

4. Revisions

 

a) Once the portrait is finalised, the Client may request a maximum of 3 minor changes, (defined as changes that do not affect the form or content of the portrait - e.g. adjustment of colours, lighting, focus/sharpness of details such as jewels, eyes) to be made to the final artwork at no additional charge. If minor changes are needed, or the Illustrator has overlooked something in the reference, Client must inform the Illustrator of this as soon as possible, but no later than 7 calendar days after receipt of the artwork by the client, so that the correction(s) can be made.

 

b) If the Client wants to deviate from the reference picture, the Client needs to give a clear description of their wishes as detailed as possible during the intake agreement. Deviating from the reference picture and/or intake agreement is not possible after sign-off of the intake agreement.

 

c) Depending on the wishes of the Client, if additional work outside the scope of the intake agreement is requested, a second intake agreement will be drafted and signed off by both Client and Illustrator. Additional charges will apply, the amount of which are dependent on the quantity of extra work requested to be performed by the Client.

 

d) Additional fees will be charged to the Client when revisions exceed the number of minor changes mentioned under 4.a, as well as for all revisions that reflect a new direction for the assignment or new conceptual input as mentioned under 4.c.

 

e) Client agrees to pay Illustrator additional fees where applicable, to be negotiated separately. No additional fee shall be billed for changes required to bring final artwork up to original specifications or assignment description as signed off in the intake agreement.

 

5. Cancellation & Refunds

 

Please note that orders placed cannot be cancelled, this is non-negotiable.

 

6. Payment

 

Payment is due in full before the start of the project, this is non-negotiable. Payments can be made via the website

( www.skyfullofdreams.com ) and Client will receive an invoice once the payment has been approved. Payments are safely processed by Stripe Payments. Most payment methods are accepted, such as: iDeal, Master Card, American Express, VISA & PayPal.

7. Delivery

 

a) Please note that due to multiple concurrent projects, it can take up to 6 weeks for the portrait to be completed and delivered to Client.

 

b) Urgent deadlines can be discussed against additional costs.

 

c) If Illustrator fails to deliver the artwork/portrait to the Client by the Scheduled Delivery Date (within 6 weeks after the intake assignment has been signed off by both Illustrator and Client), the Client will be informed of this and the Client shall have the option to terminate this Agreement. In the event that Client wishes to terminate this Agreement due to a failure by the Illustrator to deliver the artwork/portrait by the Scheduled Delivery Date, Client must send written notice of such termination (the ‘Termination Notice’) to Illustrator within 7 calendar days of the date of termination per mail.

 

d) If the Illustrator delivers the artwork/portrait to the Client after the Scheduled Delivery Date, the Client accepts delivery of the artwork/portrait, and Illustrator has not yet received a ‘Termination Notice’ from Client, then the Client’s right to terminate this Agreement shall become null and void.

 

e) If the Client refuses to accept delivery of the artwork/portrait when the Illustrator attempts to deliver after the Scheduled Delivery Date, and the Illustrator has received a ‘Termination Notice’ from the Client on time, then the Client’s option to terminate this Agreement shall remain intact and exercisable for 2 calendar days.

 

 

Entire Agreement

 

This Agreement constitutes the complete and final entire agreement between Client and Illustrator governing the contract at issue and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement.

 

Breaching the signed requirement check-in agreement will result in legal actions. The terms of this contract can be modified only in writing, signed by both parties.

 

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©2020 by Mirjam Butt