Transit & Travel _________________

Messengers ____________________

Cancellation Fee ________________

Other Expenses __________________

Client's Alterations ________________

Before Sketches __________________

After Sketches ___________________

After Finish ______________________

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.

For Use in Magazines and Newspapers, First North American Reproduction Rights Unless Specified Otherwise Here:

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

Title or Product ____________________________________________

Category of Use____________________________________________

Medium of Use ____________________________________________

Geographic Area ___________________________________________

Time Period _______________________________________________

Number of Uses ____________________________________________

Other ____________________________________________________

Original artwork, including sketches and any other preliminary material, remains the property of the Illustrator unless purchased by a payment of a separate fee. Any transfer of rights is conditional upon receipt of full payment.

1. Time for Payment
   Payment is due within thirty (30) days of receipt of invoice. A 1% monthly service charge will be billed for late payment. The grant of any license or right of copyright is conditioned on receipt of full payment. Any advances or partial payments shall be indicated under Payment Schedule.
   
   
2. Default in Payment
   The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
   
   
3. Grant of Rights
   The grant of reproduction rights is conditioned on receipt of payment.
   
   
4. Expenses
   The Client shall reimburse the Illustrator for all expenses arising from the assignment.
   
   
5. Estimates
   The fees and expenses shown are minimum estimates only. Final fees and expenses shall be shown when invoice is rendered. The Client's approval shall be obtained for any increases in fees or expenses that exceed the original estimate by ten percent (10%) or more.
   
   
6. Sales Tax
   The Client shall be responsible for the payment of sales tax, if any such tax is due.
   
   
7. Cancellation
   In the event of cancellation or breach by the Client, the Illustrator shall retain ownership of all rights of copyright and the original artwork, including sketches and any other preliminary materials. The Client shall pay the Designer according to the following schedule: fifty percent (50%) of original fee if canceled after preliminary sketches are completed, one hundred percent (100%) if canceled after completion of finished art.
   
   
8. 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.
   
   
9. Revisions
   Revisions not due to the fault of the Illustrator shall be billed separately.
   
   
10. 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:
    
    ________________________________________
    
    __________________________________________
    
    _____If this line is checked, the Illustrator shall receive copyright notice adjacent to the work in the form: © 200__ ___________________
    
    
11. Return of Artwork
    The Client assumes responsibility for the return of the artwork in undamaged condition within thirty (30) days of first reproduction.
    
    
12. Loss or Damage to Artwork
    The value of lost or damaged artwork is placed at no less than $________, per piece.
    
    
13. 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.
    
    
14. 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.
    
    
15. 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.
    
    
16. Dispute Resolution
    Any disputes in excess of $____________(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 American Arbitration Association. 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.
    
    
17. Acceptance of Terms
    The signature of both parties shall evidence acceptance of these terms.
    
    

consented and agreed to

date ___________________________________________________________

Illustrator's signature _____________________________________________

authorized signature _______________________________________________