Acceptance of Commission
Ownership of Copyright
The copyright in the artwork commissioned by You shall be retained by the illustrator [Me].
You, or the recipient (where you are ordering this commission on someone else’s behalf), are granted permission to use the artwork for private use only. This includes posting online on a website or social media.
You are not permitted to use the artwork for commercial purposes. This includes making merchandise to sell or using the artwork as a book cover.
I retain the right to use the artwork for self-promotion, including adding the artwork to my website and posting on my social media. I will notify you if I want to make use of the artwork for any purpose other than self-promotion. You have the right to make reasonable objections if the use I am proposing is likely to be detrimental to you.
These permissions only comes into effect once I have received payment in full of all monies due to me. Until you have paid me in full you are not granted any use of the artwork.
I will send you an invoice for this work. You will pay all invoices within 30 days of their receipt or by the stated due date.
If I don’t receive payment within 30 days (or by the stated due date) then I will apply interest at a rate of 2% per month to any unpaid balance.
If you cancel this commission after paying your deposit then you will pay a cancellation fee of 50% of the agreed fee. In other words, if you cancel after I have begun work then your deposit payment will not be returned to you and you will have nothing further to pay.
If you cancel this commission, ownership of all rights granted under this agreement shall revert to me unless the artwork/design is based on your visuals or unless we have agreed otherwise.
I will use my best endeavours to deliver the artwork to you by the agreed date. If I anticipate any delay then I will notify you at the first opportunity. If this happens then you may (unless the delay is your fault) make time of the essence and cancel the commission without payment (in the event that I fail to meet the agreed date).
I WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM LATE DELIVERY OF THE ARTWORK.
When I deliver the artwork you will make an immediate objection if the artwork is not in accordance with the brief. If you do not make an objection within 21 days of delivery of the artwork then it will be conclusively presumed that the artwork is acceptable.
If the artwork fails to satisfy, you may reject the artwork upon payment of a rejection fee of 50% of the agreed fee. In other words, if you reject the final artwork then your deposit payment will not be returned to you and you will have nothing further to pay.
If you reject the artwork, ownership of all rights granted under this agreement shall revert to me unless the artwork/design is based on your visuals or unless we have agreed otherwise.
If you change the brief and require subsequent changes, additions or variations, I may require additional payment for that work. I may refuse to carry out changes, additions or variations which substantially change the nature of the commission.
Except where artwork is based on reference material or visuals supplied by you or where otherwise agreed (such as in the case of fan art), I warrant that the artwork is original and does not infringe any existing copyright. I further warrant that I have not used the artwork elsewhere.
You warrant that any necessary permissions have been obtained for the agreed use of reference material or visuals supplied by you and shall indemnify me against any and all claims and expenses including reasonable legal fees arising from my use of any materials provided by you.
Credit for use of the artwork is appreciated but is not required.
I hereby waive the right to injunctive relief for breaches of the right of integrity and the right of paternity.
All notices shall be sent to me and to you at the email and/or postal addresses established for communication under this agreement. My contact details can always be found at www.jonstubbington.com/contact/
These terms and conditions are governed by the law of England and Wales and may not be varied except by agreement in writing. The parties hereto submit to the non-exclusive jurisdiction of the English Courts.