Contract

If you decide to commission me, this is the contract that I’ll send you as a PDF. We don’t need to make copies and sign things, you’ll see that I’ve worked in that the Paypal payment is the the signature. Don’t hesitate to contact me if you have any questions – Jeff 

QUICK COVERS-Jeff Doten

Date_____________________________

Commissioned By__________________

Illustrator’s Job Number______________

Client’s Job Number/name_________________

FEE -$ 100.00 ( front ) / $175.00  ( wrap )

Sketches – no more than 3 concept sketches will be supplied. I may be hired for $15.00 an hour + the base fee to create more. I won’t always supply 3 up front, I’m going on my gut on this …

Client’s Alterations ( beyond the initial consulting process ) I can be hired on an hourly basis of $ 15.00 an hr after the piece is finished.

Sale of Original Art ___________________________________________________

RIGHTS TRANSFERRED
Any usage rights not exclusively transferred are reserved to the Illustrator, Usage beyond that granted to the Client herein shall require payment of a mutually agreed upon additional fee subject to all terms. – this means if you want print and sell t-shirts mugs and posters.

For all other uses, the Client acquires only the following rights:

Title or Product ____________________________________________

Geographic – worldwide

Time period – until the sun goes out and the oceans boil away.

Uses – book cover ( name of book ) ( print, digital, audio ), web promotion, posters , promo – no for sale products other than the book itself.

Original artwork, including sketches and any other preliminary material, remains the property of the Illustrator. Any transfer of rights is conditional upon receipt of full payment. If project is cancelled all sketches belong to the Illustrator/Jeff Doten. AUTHOR’S COMMISSION INCLUDES USE OF SKETCH CHOSEN FOR COVER ART.

Finished/commissioned images will not be used by Jeff Doten/Quick Covers for any other Quick Cover’s books, but may be used for promotional materials and  products.

TERMS

Time for Payment – immediately on commission of artwork. I don’t lift a pencil until payment is made. Payments are non-refundable. Making payment to Quick Covers/Jeff Doten equals signing of the contract.

Cancellation Fee – there is no cancellation or refund , once you’ve commissioned it, that’s it. That’s why it’s cheap.

The grant of any license or right of copyright is conditioned on receipt of payment.

Default in Payment
The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.

Alterations
Alteration to artwork shall not be made without consulting the initial 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. – no alterations of the artwork may only be done by the illustrator / Jeff Doten

Revisions
Revisions not due to the fault of the Illustrator shall be billed separately.

Credit Lines
On any contribution for magazine or book use, the Illustrator shall receive name credit in print. If name credit is to be given with other types of use, it must be specified here: Cover Art by Jeff Doten http://www.jeffdoten.com, http://www.quick-covers.com

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.

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.

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.

Dispute Resolution
Any disputes in excess of the maximum limit for small claims court arising out of this Agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon arbitrator pursuant to the rules of the Alberta Provincial Court. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. 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.

Acceptance of Terms
The signature of both parties shall evidence acceptance of these terms.

consented and agreed to

date –

Illustrator’s signature –

Client/Purchaser’s signature – Making payment to Quick Covers/Jeff Doten equals signing of the contract.

Contract Amended – Oct 25, 2012

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