This contract is an offer by Illustrator to Client for Illustrator to provide creative Work as requested by Client.
1. Work
Client requests Illustrator to create
30
LED Wall slide 3,840 x 960
Rights to Artwork
Artwork includes only the final, deliverable art, and not any preliminary Artwork or sketches.
2. Payment
Total will be finalized via the invoice. The total payment of $1000 will be due within 30 days of receiving the invoice. The grant of any license or right of copyright is conditioned on receipt of full payment.
3. Milestones
Draft of Concept: October 16 2023
Final Artwork Delivered: November 1 2023
4. Grant of Rights
Illustrator agrees to the perpetual license of the right to display and
transmit Work to Client, excluding the right to authorship credit, modification, and resell, which is retained by Illustrator. Illustrator agrees that Work is produced with the intent it be unique and will not seek to resell or publish Work, except as noted below.
5. Illustrator’s Right to Authorship Credit
Illustrator may use Work in Illustrator’s portfolio (including, but not limited to, any website that displays Illustrator’s Works). Client does not have to display Illustrator’s name together with Work, unless being described with any editorial usage, but Client may not seek to mislead others that Work was created by anyone other than Illustrator.
6. Cancellation
The fee for Work is refundable pending only upon Illustrator’s breach of contract. In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Illustrator, and a cancellation fee for work completed, shall be paid by the Client. If the project is on an hourly basis the and project is canceled by Client, Client agrees to pay no less than 100% of the hours already billed for the project at the time of cancellation plus a flat fee 50% of the remaining hours that were expected to be completed on the project, whichever is greater.
7. Limitation of Liability
Client agrees that Illustrator will not be liable for any incidental or consequential damages that arise from Illustrator’s performance of this commission (including, but not limited to, failure to perform in a timely manner, regardless of whether the failure was intentional or negligent.)
8. Dispute Settled by Arbitration, and Governing Law
Any dispute under or about this Agreement must be submitted to and resolved by arbitration through the arbitration services located at https://www.courts.mo.gov/. Parties will bear their own costs. Any court may enforce the arbitration award. This Agreement will be governed by https://www.courts.mo.gov/.
9. Acceptance of terms
The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. Illustrator as sender and Client as recipient will acknowledge acceptance of these terms either through an e-mail noting acceptance or acceptance is acknowledged at the beginning of any work on said project. Electronic signatures shall be considered legal and binding.
Client:______________________ on Date:_____________________________