A non-refundable 50% installment is required for all design/illustration services before a project commences. Remainder is due upon completion of project.
The fees and expenses shown are minimum estimates only and are based on information that is available at the time. Client’s approval shall be obtained for any increases in fees and expenses that exceed the original estimate by 10% or more. Final fees and expenses shall be shown when invoice is rendered.
3. Time for Payment
All invoices are payable within a week of project completion and before files are transferred. The grant of any license or right of copyright is conditioned on receipt of full payment.
The Client shall be responsible for making additional payments for changes requested by the Client beyond the original assignment. However no additional payment shall be made for changes required to conform to the original assignment description. The Client shall offer the Illustrator the first opportunity to make any changes.
The Client shall reimburse the Illustrator for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment, and shall advance the $_____N/A_____ to the Illustrator for payment of said expenses.
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, based on the contract price and expenses already incurred, shall be paid by the Client.
7. Ownership and Copyright
The Illustrator retains ownership and copyright of all original in-house artwork and digital files, whether preliminary or final, and is allowed to display and showcase the work online or in print. Transfer of final deliverable files is to be negotiated separately. Additional fees will apply.
The Client shall indemnify the Illustrator against all claims and expenses, including reasonable attorney’s fees, due to uses for which no release was requested in writing or for uses that exceed authority granted by a release.
Modification of the Agreement must be written except that the invoice may include, and the Client shall pay, fees or expenses that were orally authorized in order to progress promptly with the work.
Any electronic alteration of artwork or graphic design/illustration comprising the Illustrator’s work products (colour shift, mirroring, flipping, combination cut and paste, deletion) is prohibited without the express permission of the Illustrator. The Illustrator will be given first opportunity to make any alterations required. Unauthorized alterations shall constitute additional use and will be billed accordingly.
11. Code of Fair Practice
The Client and Illustrator agree to comply with the provisions of the Code of Fair Practice.
12. Warranty of Originality
The Illustrator warrants and represents that, to the best of his/her knowledge, the final work products delivered hereunder are original and have not been previously published, or that consent to use has been obtained consistent with the right granted to Client herein; 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 consistent with the right is granted to Client herein; that the Illustrator has full authority to make this Agreement; and the final work products prepared by the Illustrator do not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of Illustrator’s work products that 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 work products to the extent such use infringes on the rights of other.
13. 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 that 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. Furthermore, the Illustrator disclaims all implied warranties, including the warranty of merchantability and fitness for a particular purpose. Client shall be responsible for all compliance with laws of government rules or regulations applicable to the Client’s final product(s).
To the extent the final work products include any word, symbols, logos, or other content used to designate Client as the source of goods or services (“Trademarks”), Client shall have sole responsibility for ensuring that Trademarks do not infringe the rights of third parties, and Client shall indemnify, save, and hold harmless Illustrator from any and all damages, liabilities, costs, losses, or expenses arising out of any claim, demand, or action by a third party alleging trademark infringement, or arising out of Client’s failure to obtain trademark clearance or permissions, for use of Trademarks.
The maximum liability of Illustrator to Client for damages for any and all causes whatsoever, and Client’s maximum remedy, regardless of the form of action, shall be limited to an amount equal to the total fees paid by Client to Illustrator hereunder. In no event shall Illustrator be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to the Services, even if Illustrator has been advised of the possibility of such damages.
14. Dispute Resolution
Any disputes in excess of $35,000 arising out of this Agreement shall be submitted to mediation in accordance with the rules of BC Small Claims Court. If mediation is not successful in resolving the dispute, the parties may by mutual consent submit the dispute to binding arbitration. 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 favour of Illustrator.
15. Acceptance of Terms
The payment of the deposit shall evidence acceptance of these terms.