Below you will find a template contract. This is not intended for use, only for reference, and is subject to alterations before your project can begin.

COMMISSION OF NON-COMMERCIAL ILLUSTRATION SERVICES (EXAMPLE)

This contract exists as a legal and mutual agreement between Morgan Clement the Founder of M. Clement Designs, herein referred to as “The Artist”, and ____________________, herein referred to as “The Client”.  This document sets forth in writing the services that The Client has requested of The Artist, and the services that will be rendered by The Artist in accordance with the Terms & Conditions of Design Services with M. Clement Designs spelled out here, which upon signing this contract The Client agrees to in accordance with this document.

Date of Hire/ Contract Sign Date -   

Scope of Work: 

Proposed Project Start Date -   

Access & Ownership:

The Artist retains full copyright to the finished artwork. In signing this contract The Client understands that The Artist may, at its discretion, use designs, typefaces, photographs, and footage collected during the work period in future promotional materials, both oral and visual, except in the case that a Non-Disclosure Agreement (NDA) or other confidentiality agreement is presented and agreed upon prior to the service start date.  The Client surrenders any and all rights to design elements created but not used in the final product. The Artist grants to The Client the right to display finished artwork publicly, but artwork may not be reproduced or distributed outside the terms set forth within this agreement. Unauthorized prints and reproductions will be considered copyright infringement and may result in legal action. The Artist does not grant the right for alterations or derivative works to be made by third parties. Additionally, the artwork is not intended for commercial use, and should not be utilized within promotions without the expressed written consent of The Artist. The Client accepts responsibility for any legal action brought about in relation to any design elements provided to The Artist prior to the project start date that may have been used to create the final.  The Client also accepts responsibility for any legal action brought about in relation to the finished product after the project end date.

Deposit Terms:

Upon receiving this contract The Client agrees to pay fifty percent (50%) of the quoted amount, totaling _____________________________ dollars ($___.__ USD), to start services. In the event of project cancellation, the deposit is forfeited to pay for services rendered.

Payment Terms:

Upon completion of the agreed upon services, the client shall remit payment in full, totaling ________________________ dollars ($___.__ USD) before receiving finished product and all rendered images in full resolution and without watermarking or Artist logo included. In addition a fee of thirty dollars ($30.00 USD) will be included as an invoicing fee for any and all invoices sent to The Client. Payment is to be received by The Artist no later than ten (10) business days after the final invoice draft date.   Late payments are subject to an interest charge of $5.00 or 1.5%, whichever is the greater, for each month or part there of that payment is not received.

Cancellation of Services:

In the event that The Client wishes to cancel a project, written notice must be given to The Artist immediately in the form of an email, and an invoice will be issued for the services rendered thus far.  If the desire for cancellation is not expressed in written form before project end date or before project is completed, The Client agrees to pay the quoted price in full.

Limitation of Services:

The services to be rendered discussed in this contract are limited to the service dates and scope of work agreed upon and stated within this document, and cannot be changed or altered by either party without written notice.  Upon receipt of desired changes or alterations in written form, this contract will be redrafted and services will be reappraised.  All express written notice for changes and alterations to services should be sent in the form of an email to: morgan@morganclement.com

Limitation of Liability:

The Artist’s liability to The Client is limited to the dollar amount agreed upon in this contract ($___.__ USD).

Cancellation of Contract:

Notice of cancellation must be submitted no later than fifteen (15) days after the date this agreement is signed.  All notices of cancellation must be sent in written form to: morgan@morganclement.com

Termination:

In the following events, either party may elect to terminate this contract forthright by written notice to the other party, (a) if either party shall become bankrupt or insolvent (b) if a receiver is appointed to direct the business or properties of either party (c) failure to adhere to the terms of this agreement.

Assignment:

This contract may not be assigned by either party in part or in its entirety.

Governing Law:

This contract is made and entered into in accordance with the laws of the state of California.  This contract shall be construed and interpreted in accordance with the laws therein.

Product Delivery:

The final product will be delivered to the e-mail address provided to The Artist (______________________ ) no later than ten (10) business days after receipt of final and full payment.  The final product will be sent in the form of a JPEG, PNG, and PDF file at no less that 300 DPI.  If physical prints of the artwork are requested, they will be sent to the address provided to The Artist, no later than ten (10) business days after receipt from The Artist’s chosen print shop, with shipping and handling costs being provided for by The Client.  In the event that a physical storage device is needed (flash drive, external hard drive, etc.), The Artist will provide one for The Client with an additional service charge of thirty dollars ($30.00 USD). Product costs and shipping costs not included.

Term End Date:  

All terms and rates discussed within this agreement are valid through the end of the current month.  After __________________ all terms and rates are subject to adjustment, and a new service contract must be issued.

For a PDF version of this document, please click here.