OFFER FOR COMMISSIONED ILLUSTRATION
This contract is an offer by Guillermo Zubiaga to [ nsert Name] made on [ insert Date] for Artist to provide creative work (“Work”- as described below) as requested by Commissioner.
1. Work. Commissioner retains Artist to create Work includes only the final art, and not any preliminary work or sketches.
2. Price and Delivery. The non-refundable flat0fee for work is $ [ Insert cost ]. Payment must be made in 50% before any work begins. Payment should be made in the method and manner specified by the Artist. Work is to be completed by [ insert Date] and delivered no later than [ insert Date] But Commissioner agrees that the date of delivery is not material to this Agreement.
3. Grant of Rights. Artist agrees to perpetual non-exclusive license of all rights ( including, but not limited to, the right to display, modify, transmit, transfer, sell and create derivative works) to Work to Commissioner, excluding only the right to authorship credit, which is retained by Artist.
Artists agrees that Work is produced with the intent it be unique and will not see\k to resell or publish Work, except was noted below.
4.Artist’s Right to Autorship Credit. Artist may use Work in Artist’s portfolio ( including, but not limited to, any website that displays Artist’s Work). Commissioner and Artist agree that when asked, Commissioner must properly identify Artist as creator of the Work. Commissioner does nit have a proactive duty to display Artist’s name together with Work, but Commissioner may not seek to mislead others that the work was created by anyone other than the Artist.
5.Commissioner Accepts Artist Creative Vision. Commissioners agrees that Artist wiki complete Work in Artist’s creative style at Artist’s sole discretions if Commissioner refuses to receive Work or demands Work to be redone, it is understood and agreed that Commissioner is cancelling the Agreement, and will not be refunded.
6. Cancellation, and Expiration. The fee for Work is non-refundable. If Commissioner nonetheless does not want or refuses to receive Work, Artist may decide whether or not to complete Work, and will exclusively retain all rights to the Work. This Offer automatically expires upon 48 hours of being made not be accepted. This Offer expires if it is verbally or through writing ( including, but not limited to, by e-mail, or text chat) withdrawn by Artist.
7. Limitation of Liability. Commissioner agrees that Artist will not be liable for any damages ( including, but not limited to, incidental or consequential damages). That arise for Artist’s performance of this commission ( including, but limited to, failure to perform in a timely manner, regardless of whether the failure was intentional or negligent.)
8. Dispute Settled by Arbitration, and Governing Law. Any dispute under or about this Agreement must be submitted to and resolved by arbitration administered by the American Arbitration Association (AAA) in accordance with its commercial or consumer rules. The parties will bear their own costs. This Agreement will be governed by the laws of [ INSERT STATE}, in the country of [Your Country].
This Offer may be accepted ( within 48 hours of being made or if withdrawn, as in Expiration, above)
And the enforced upon the signature of Commissioner ( an electronic signature is acceptable )