ARTWORK COMMISSION AGREEMENT
ARTWORK COMMISSION AGREEMENT
This Agreement, entered this _____(date)_______ between Roger Wanrooij (“Artist”) and ____________________(“Client/Customer”), shall govern the respective rights of Artist and Client with respect to the artwork described herein.
I: Scope of the work
By order of the Artist and the Client, it will be made personal that the work to be made by the Artist according to the Client’s specifications will be limited to colors and dimensions. The artist arises from the assets of first-class quality, artistically, intuitively produced, with an aesthetic content that is technically correct and of a quality equal to the current standards for assets with a character and the same purpose.
II: Deadlines and Completion
Upon receipt of Customer’s specifications in accordance with Section I, which Customer agrees to be true and complete. At the time of performance of this agreement, the client agrees that the artist may take any time necessary to complete the artwork. In the meantime, the artist will keep the client informed about the progress by means of text messages, emails, and/or telephone conversations.
III: Transferred rights
Artist and client agree that the following rights of the artist will be transferred to the client upon receipt of full payment. The Artist agrees to the perpetual non-exclusive license of all rights (including, but not limited to, the right to display, transmit, transfer, sell to, excluding only the right to authorship credit, which is retained by the Artist.
The client pays the artist a total fixed amount of €____________________EUR as total compensation for the project described above. Payment is made as follows:
60% at the start of the work as a down payment.
40% upon final delivery.
An additional fee will be charged for revisions not due to an artist’s error made after (5) minor changes, and for revisions that reflect a new direction of the assignment, or new conceptual input.
V: Termination/Kill Fee
The customer may terminate this Agreement at any time by sending written notice to the Artist at the address provided herein. Upon such termination, Customer agrees to reimburse Artist as follows: (1) Part AND full completion. If Artist has partially or fully completed the Work, the Client agrees to reimburse the Artist sixty percent (60%) of the total fee, the initial (60%) deposit. If this Agreement is terminated by Client after Part or full completion by Artist, Artist will retain ownership of all copyrights and original artwork, including but not limited to completed artwork, sketches, and compositions. The client agrees to compensate Artist in full as otherwise provided in this Agreement.
VI: Artist’s Right to Authorship Credit
The Artist may use Work in Artist’s portfolio (including, but not limited to, any website that displays Artist’s works). When asked, the Client must properly identify Artist as the creator of the Work. The client does not have a proactive duty to display Artist’s name together with the Work, but the Client may not seek to mislead others that Work was created by anyone other than Artist.
Integration Client and Artist agree that this Agreement shall not be amended except by a writing executed by both parties, and expressly state that this writing shall constitute a complete expression of the entire agreement between the parties and that no additional terms exist that are not included herein. To ARTWORK COMMISSION AGREEMENT the extent any provision contained in this Agreement shall be found to be void, invalid, or otherwise unenforceable in any way, such invalidity shall not affect the remainder of this Agreement, which shall remain in full force and effect.
VIII: Unauthorized Use by Client
Indemnity Client agrees to indemnify Artist against any and all claims and expenses, including but not limited to attorneys’ fees and costs, incurred as a result of the Client’s unauthorized use of the Work under this Agreement, including the enforcement of this Agreement by Artist.
IX: Warranty of Originality
Artist represents and warrants to Client that, to the best of Artist’s knowledge and belief, the Work assigned by this Agreement is original and has not been previously published or licensed to any third party. This warranty shall not extend to any unauthorized or undisclosed use of the Work by Client which may infringe upon the rights of any other person. Client agrees that it shall hold Artist harmless for any claim or liability caused by Client’s use of Artist’s product to the extent such use infringes upon the rights of any other person.
X: Release of Liability
The client agrees that it shall not hold the Artist or any agent thereof liable for any damages arising from the Artist’s failure to complete the Work in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Artist or of any third party.
AGREED TO AND ACCEPTED BY CLIENT
Signature ARTWORK COMMISSION AGREEMENT ARTIST
Drie Decembsersingel 183, Venlo The Netherlands
(+31) 06 4977 5972