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Below is a sample standard contract, with brief explanations for the benefit of those who may not be familiar with design and illustration contracts. Corporations and others who have their own standard contracts may use their own forms, but please be aware that some negotiation may be necessary. "All rights" contracts should compensate the artist appropriately, and will not be considered for certain types of work. If your assignment requires ammendments to this contract, agreement must be made in writing in advance of commencement of labor.


This document constitutes a contract between:

Jon Fraze
22812 Via Octavo
Mission Viejo, CA 92691

hereafter referred to as “Artist”
and:
Client Name:  
Your name, business name or DBA would go here.

Client Address:
Billing address, mailing address, and shipping address, where necessary

Client phone number:
Primary business phone line

Description of job:
Job would be described according to media, project details, subject matter, etc.

Usage:
This section defines the way(s) in which the project would be used, and is the main determination of cost. Basically, the more the illustration will be seen, the more it will cost; in the same way that media charge for advertising space according to circulation or readership.

Due date:
The date upon which final art is due with the client. Please be certain to account for additional time necessary for scanning or prepress work.

Delivery method: The means and media by which the work will be provided to the client. Many files can now be sent digitally via e-mail, FTP or CD-R, but for highest quality scans it's better to receive original artwork and have it scanned by your own service bureau.


FEE SCHEDULE

Fee: The basic charge for the project in US dollars.
$_____
Cancellation fees: Given as a percentage of Fee and as a dollar amount    

Before Sketches   
% of Fee:   

$
After Sketches   
% of Fee:   

$
After Completion   
% of Fee
:
$
Other fees: This would include necessary costs of completing a project, such as model fees, purchase of stock photography, etc 
$
Expenses billed to client: This would include any additional costs which the client has agreed to pay, such as parking fees, shipping or transportation expenses, etc.
       

   

$
Subtotal
$
Sales Tax: In most cases 7.75 % Sales Tax will be added to the assignment. For labor only no sales tax is charged.
        Total
$
advances
$    At  
(date)
$    At   
(date)
$    At   
(date)

–$
–$
–$
Amount due (Total fees and expenses minus any advances.)
$





Terms and Conditions
1.  Rights granted depend upon payment and are limited solely to those specified under Usage above. All other rights reserved to Artist.

2.  Original artwork remains property of Artist unless otherwise stated under Usage above. Client agrees to return original artwork safely and undamaged within thirty days of initial publication.

3.  In the event of cancellation or breach of contract by Client, artist shall remain owner of all original artwork and all copyrights pertaining thereto, and shall be paid cancellation fees no less than the amount specified above under Cancellation Fee.


4.  Revisions, changes, and corrections not due to fault of Artist shall be billed as an additional fee. Artist shall have first option to affect such revisions.

5.  Artist warrants that the artwork is an original creation of the Artist, and that the Artist is the sole possessor of copyrights pertaining thereto.

6.  Client indemnifies Artist against all claims and expenses, including reasonable attorney fees, resulting from uses for which no release was granted by the Artist, or for uses which exceed the authority granted by a release.


Artist Signature
My signature
Client representative
Signature of the party authorized by the Company to negotiate the assignment
Date
Generally, the date the project is agreed upon and the contract is signed by both parties


A blank copy of this contract may be downloaded here in pdf format.















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© 2004, Jon Fraze. All images copyright by Jon Fraze or original publications