This Agreement (“Agreement”), entered 2024, between Mallory Donen (“Artist”) and “Client” (name entered within this form), shall govern the respective rights of Artist and Client with respect to the artwork described herein.
I. Scope of Work Commissioned
Artist and Client expressly agree that the artwork to be created by Artist pursuant to Client’s specifications shall be limited to, unless modified in a writing signed by both parties, the following artwork, hereafter known as “the Work”:
Provided by Client
- (1) High Resolution Portrait (jpeg, 300 dpi, simple background/plain backdrop)
Provided by Artist
- (3) Cross-Stitch Pattern Options
- (1) Customized Cross-Stitched Portrait (up to 5 thread colours), Matted & Framed
Artist agrees that the Assets shall be of first class quality, artistically produced, with aesthetic content technically correct and of a quality equal to current standards for Assets of similar character and purpose.
II. Deadlines and Completion
Upon receipt of Client’s specifications pursuant to Section I, which Client agrees
are true and complete at the time of execution of this Agreement, Artist agrees
to complete the Work upon the following schedule:
- (14) days following the receipt of a $350 deposit & high resolution portrait the Artist will provide the Client with the (3) Cross-Stitch Pattern Options
- (14) days following the receipt of the above options the Client will confirm which pattern they want completed by the Artist.
- The Artist will complete the Customized Cross-Stitched Portrait within the scheduled 2-month timeframe (TBD).
III. Rights Reserved
Artist retains all copyrights.
IV. Compensation
The Client shall pay Artist a total flat commission fee of $850 (standard portrait) as total compensation for the project described above. Payment shall be made as
follows:
- $350 deposit prior to start of project
- $500 upon receipt of final deliverable
Additional fees will be charged for revisions that are not due to any fault on the part of
the Artist:
- The Client provides additional High Resolution Portrait ($50 per additional photo)
- The Client requests additional Cross-Stitch Pattern Options/Revisions to existing patterns including but not limited to the addition of more colours ($50 per revision)
V. Termination/Refunds/Cancellation Fees
Client may terminate this Agreement at any time by sending written notice thereof to
Artist at the address provided herein (mmdonen@gmail.com). Upon such termination, Client & Artist agrees to the following compensations:
(1) Deposit Refund/Prior to Services. If the Client terminates this Agreement within 7 days of sending a High Resolution Portrait (jpeg, 300 dpi) and $500 deposit, the Artist will provide the Client with a full refund.
(2) Partial Completion of Services
(2a) Deposit Partial Refund. The Artist will begin work on the project 7 days after the Client provides the High Resolution Portrait (jpeg, 300 dpi) and $500 deposit. If the Client terminates this Agreement before the Artist provides the Cross-Stitch Pattern Options, they will receive a 50% deposit refund ($250).
(2b) No Refund/Cancellation Fee. If after the Artist has provided the Client with Cross-Stitch Pattern Options the Client terminates this Agreement, Client agrees to compensate the Artist with $100 in addition to the initial $500 deposit for total compensation of $600 for partial completion of services.
(3) Full Completion. If Artist has completed the finished artwork at the time
of cancellation, Client agrees to compensate Artist 70% ($595, which would be $245 in addition to the $350 deposit) of the total commission fee ($850).
VI. Artist's Right to Authorship Credit
Artist may use Work in Artist's portfolio (including, but not limited to, any website
that displays Artist's works). When asked, Client must properly identify Artist
as the creator of Work. Client does not have a proactive duty to display
Artist's name together with Work, but Client may not seek to mislead others
that Work was created by anyone other than Artist.
