Timeline and Services
The Illustrator will produce Final Deliverables in the form of a high quality .jpeg of an original work of Illustration.
The Client will have three opportunities for revisions on Preliminary Sketches (i.e. simple drawings produced by the illustrator to communicate possible designs for Final Deliverables) before painting begins. Work on the Project pauses until these revisions are received.
After revisions of Preliminary Sketches, regular updates on the Project will be provided as painting begins. Work on the Project will not pause as these updates are sent. Client may make reasonable minor revisions to the Project while painting is underway.
The Illustrator will make reasonable efforts to complete the Project within the Project Schedule (agreed upon by both parties before work begins). The Client agrees that the Illustrator’s ability to work within the Project Schedule is contingent upon the Client providing instruction, approval and/or materials in a timely manner. Delays in these communications may result in an extension to the Project Schedule.
The Client agrees that a force majeure event (i.e. flood, fire, shortage of power, etc.), sickness or physical injury experienced by the Illustrator may require an extension to the Project Schedule.
Revisions and Changes
The Client agrees that any work on the Project which falls outside the definition of services may result in additional fees and an extension to the Project Schedule. Client will be informed clearly if any requests will result in additional fees or schedule extensions.
Usage and Rights
The Illustrator will maintain the copyright on the Final Deliverables, all Preliminary Sketches and all images produced for project updates.
Clients may use these images in the following ways:
(a) The creation of print reproduction for the purposes of a private gift or display.
(b) Display on social media with a text acknowledgement of the Illustrator’s authorship of the produced images.
(i) Social media acknowledgement of authorship should credit the author as, “C.M. Abramson” or “Cabramso”.
(c) Cropping the produced images.
(i) The same restrictions and permissions that apply to the produced images apply to any images resulting from a crop.
All rights not expressly granted above are reserved to the Illustrator.
Restrictions on usage of the produced images include but are not limited to:
(a) Publication, i.e. the distribution of copies of the produced images to the public by sale or other transfer of ownership.
(b) Minting on any blockchain service.
(c) Deliberate altering of any kind other than cropping
(d) Use as a part of any advertisement.
(e) Use as part of a collective work, such as a periodical or anthology.
(f) Use as a supplementary work, i.e, a work prepared for publication as a secondary adjunct to a work by another author for the purpose of illustrating or assisting in the use of the other work, such as a game manual, adventure module or novel.
If at any point the Client desires additional licensing of the Final Deliverables, Preliminary Sketches or images produced for project updates which are not already granted herein, the Client must contact the Illustrator to negotiate new terms and fees for additional licensing.
Payment and Fees
Payment for the produced images will be paid by the Client to the Illustrator in two installments: a 50% Advance Payment made on PayPal before work begins and a Final Payment made on PayPal of the remaining cost plus any additional fees incurred after work is completed.
Work will not begin on the project until the Advance Payment is made. Delay of Advance Payment may result in an extension to the agreed upon timeline. The Final Deliverables will not be provided until the Final Payment is made in full. Final Payment is due within 30 days of receipt of invoice.
Termination and Refunds
This agreement may be terminated in writing by either party, effective immediately from receipt of written notice. In the event of termination, Client shall not have rights to use Preliminary sketches or images used for Project updates except upon written consent from Illustrator provided after termination.
Refunds will not be issued after receipt of Final Payment.
In the event of termination of the Agreement, if the Advanced Payment has been made and work on the project has not begun, the client will receive a refund of 70% of the Advanced Payment.
In the event of termination of the Agreement, if the Advanced Payment has been made and the Project is in the sketch phase, the client can receive a refund of 20-50% of the Advanced Payment. Precise amount determined by the amount of work already performed by the Illustrator.
In the event of termination of the Agreement, if the Advance Payment has been made and the Project is in the painting phase, the Client can receive a refund of 0-20% of the Advanced Payment.Precise amount determined by the amount of work already performed by the Illustrator.
