The artist retains ownership of the original artwork unless agreed in writing between agent and client. A further fee will be negotiated, should ownership of the artwork by the client be required. The client shall not make any alteration to the artwork unless agreed in writing by the agent. Any loss, damage or alteration to the artwork whilst in the possession of the client or any representative of the client will be charged for at a fee not less than the agreed licence fee.

Copyright and Licensing

The artist retains ownership of the copyright (Copyright Designs and Patents Act 1988). Ownership of copyright is not affected by purchase of the original artwork. The client is granted a licence to reproduce the artwork solely for the purposes detailed on the face of this job acceptance form. Upon payment of a further agreed fee the licence may be extended to allow for the artwork to be used for purposes other than those shown on the face of the job acceptance form, in accordance with the guidelines agreed with the SAA. The licence is only granted upon payment in full of the fee specified on this job acceptance form. Any attempt to reproduce the artwork without such payment, will be regarded as a breach of copyright. The licence granted is exclusive to the named client on the face of the acceptance form and the named client is responsible for the payment of reproduction fees. The licence may not be sublicenced to a third party.

The artist retains the right to use the artwork for self-promotion. The client is responsible for the clearing of any copyright on reference material supplied by the client and shall indemnify the artist against any claims arising from materials thus provided. The artist is likewise responsible, for the clearance of copyright on material supplied by the artist.

Delivery

The artist can only adhere to deadlines agreed if there is no delay in the approval of roughs or in the supply of reference material. The artist shall not be held responsible for any consequential loss from the late delivery of artwork. All courier fees relating to the job shall be paid by the client.

Cancellation or Rejection

i. If the commission is cancelled the fees detailed following will be payable: 25% of the agreed fee if cancelled by the client before delivery of roughs. 33% of the agreed fee if cancelled by the client after delivery of roughs. 100% of the agreed fee if cancelled by the client on delivery of the finished artwork.
ii. If the artwork is rejected by the client the fees detailed following will be payable: 33% if rejected at the rough stage. If a rough has not been requested prior to artwork, then 75% of the agreed fee if rejected on completion. If the artist has correctly followed the brief, and the work is consistent with that of the artist's portfolio, and with that shown to the client, then the full fee is payable. The client has no right to reject the work on the basis of style or composition. Under no circumstances can there be a reduction in the agreed fee if the client uses the artwork for the purposes detailed on the job acceptance form. Any objections to the final artwork must be conveyed wthin seven days of delivery, after which it shall be conclusively presumed that the artwork has been accepted. If a delay of longer than three days after the delivery of artwork occurs before any requests for amendments, the illustrator shall have the right to refuse to execute those amendments where they may interfere with subsequent commissions. In this case, no reduction in fee will be allowed. In the event of rejection of the artwork, all rights in the artwork shall remain the property of the artist.

Estimates

If a verbal estimate is requested prior to receiving full details of the commission, it should be understood that this is in no way binding and may differ after the artist has received the complete brief.

Credit Terms

Payment shall be made within thirty days from the date of invoice. Payment not received within that time will be subject to an interest charge of 2.5% per month.These terms and conditions are governed by the law of England and Wales and may not be varied unless agreed by both parties in writing.