Terms and conditions
Terms and conditions: Commissioned artwork
Please read these carefully together with the accompanying Terms of copyright licence and contact this office immediately with any query.
OWNERSHIP OF COPYRIGHT/COPYRIGHT LICENCE
1. The copyright in artwork commissioned by the Client shall be retained by the Illustrator.
2. The Client or the Client's customer (where the Client is acting as an intermediary) is granted a licence to reproduce the artwork solely for the purposes set out on the face of this acceptance of commission. If the acceptance of commission is silent, the Client or the Client's customer is granted an exclusive licence for one time use in the United Kingdom only.
3. During the currency of the licence the Illustrator shall notify the Client of any proposed exploitation of the artwork for purposes other than self-promotion and the Client shall have the right to make reasonable objections if such exploitation is likely to be detrimental to the business of the Client or the Client's customer.
4. Where use of the artwork is restricted, the Illustrator will normally grant the Client or the Client's customer a licence for use for other purposes subject to payment of a further fee in line with current licensing rates to be mutually agreed between the Illustrator and the Client.
5. The licence hereby granted to use the artwork is contingent upon the Illustrator having received payment in full of all monies due to him and no reproduction or publication
Rights are granted unless and until all sums due under this Agreement have been paid.
6. The licence hereby granted is personal to the Client or the Client's customer (where the Client is acting as an intermediary) and the rights may not be assigned or sub-licensed to third parties without the Illustrator's consent.
7. The Client shall pay all invoices within 30 days of their receipt. Interest at a rate of 6% per month is payable on any balance unpaid after 30 days of the date of the invoice.
8. If a commission is cancelled by the Client, the Client shall pay a cancellation fee as follows:
(i) 25% of the agreed fee if the commission is cancelled before delivery of roughs;
(ii) 33% of the agreed fee if the commission is cancelled at the rough stage;
(iii) 100% of the agreed fee if the commission is cancelled on the delivery of artwork;
(iv) pro rata if the commission is cancelled at an intermediate stage.
9. In the event of a cancellation, ownership of all rights granted under this Agreement shall revert to the Illustrator unless the artwork is based on the Client's visual or otherwise agreed.
10. The Illustrator shall use his best endeavours to deliver the artwork to the Client by the agreed date and shall notify the Client of any anticipated delay at the first opportunity in which case the Client may (unless the delay is the fault of the Client) make time of the essence and cancel the commission without payment in the event of the Illustrator failing to meet the agreed date.
11. THE ILLUSTRATOR SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM LATE DELIVERY OF THE ARTWORK.
12. The Client shall make an immediate objection upon delivery if the artwork is not in accordance with the brief. If such objection is not received by the Illustrator within 21 days of delivery of artwork it shall be conclusively presumed that the artwork is acceptable.
13. Should the artwork fail to satisfy, the Client may reject the artwork upon payment of a rejection fee as follows:
(i) 25% of the agreed fee if the artwork is rejected at the rough stage;
(ii) 50% of the agreed fee if the artwork is rejected on delivery.
14. In the event of rejection, ownership of all rights granted under this Agreement shall revert to the Illustrator unless the artwork is based upon the Client's visual or otherwise agreed.
15. If the Client changes the brief and requires subsequent changes, additions or variations, the Illustrator may require additional consideration for such work. The Illustrator may refuse to carry out changes, additions or variations which substantially change the nature of the commission.
16. Except where artwork is based on reference material or visuals supplied by the Client, or where otherwise agreed, the Illustrator warrants that the artwork is original and does not infringe any existing copyright.
17. The Client warrants that any necessary permissions have been obtained for the agreed use of reference material or visuals supplied by the Client or its customer and shall indemnify the Illustrator against any and all claims and expenses including reasonable legal fees arising from the Illustrator's use of any materials provided by the Client or its customer.
OWNERSHIP OF ARTWORK
18. The Illustrator shall retain ownership of all artwork (including roughs, digital files and other materials) delivered to the Client.
19. The Illustrator's original artwork shall not be intentionally destroyed, damaged, altered, retouched, modified or changed in any way whatsoever without the written consent of the Illustrator.
20. The Client shall return all original artwork to the Illustrator not later than 6 months after delivery in undamaged, unaltered and unretouched condition, although the client may make and retain copies to enable it to exploit the rights granted with the artwork.
21. If the artwork is lost or damaged at any time whilst in the Client's custody (which shall mean any time between delivery of artwork to the Client and its safe return to the Illustrator) the Client shall pay compensation to the Illustrator for the loss/damage of the artwork at a rate to be agreed or, in default of agreement, decided by the Ethics Committee of the Association of Illustrators.
22. THE CLIENT SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM LOSS OR DAMAGE TO THE ARTWORK.
23. The Client shall ensure the Illustrator is credited in any editorial use of the artwork. Credits for non-editorial use are subject to agreement.
24. Unless otherwise agreed, the Illustrator shall be entitled to receive not less than four proofs or printed copies of the work.
25. All notices shall be sent to the Illustrator and to the Client at the address stated in this Agreement. Each party shall give written notification of any change of address to the other party prior to the date of such change.
26. These terms and conditions are governed by the law of England and Wales and may not be varied except by agreement in writing. The parties hereto submit to the non-exclusive jurisdiction of the English Courts.
Terms and conditions:
The Artist is Jed Pascoe.
The Client is as stated on Quotation/booking form. If the Client is represented by an agency, the agency shall take on the responsibilities of the Client regardless of any statement on any agency contract.
The words ‘draw’ and ‘drawing’ can refer equally to silhouette cutting or painting.
The Artist will appear at an event or events at the venue(s) and for the times as stated on the confirmation.
The Artist will appear for the times shown on the face of the confirmation. Whilst the Artist will always endeavour to be as flexible as possible for his clients, and reasonable on-site changes to timings will be considered by the Artist, it may not be possible to effect major changes in timings. The Artist reserves the right to charge for any additional time spent at the venue which has not been previously agreed.
The Artist will make every possible effort to arrive in good time to commence work as agreed. However, if the Artist is held up by rail delays, traffic, weather or any reason beyond his control, he will make every endeavour to keep the Client informed of progress. In such circumstances, the Artist will make every endeavour to make good his time at the venue.
The Artist will always appear smartly dressed, even if casual. For black tie events, the Artist may wear a lounge suit or black tie equivalent.
The Artist will use his time at the venue to draw as many people as possible. Due to the unique nature of each individual event, the Artist cannot guarantee the numbers drawn, unless a number has been previously agreed and is stated on the face of the confirmation.
Unless there is a natural break in the proceedings, the Artist will take a short break every (approximately) 90 minutes.
For events which last all day, or are very late at night, or which cross over mealtimes, the Artist would appreciate the courtesy of suitable sustenance and refreshment.
Contracts- from the artist
The artist will issue a booking form which must be signed and returned with the requisite deposit to secure the booking. Non-return of forms will be taken as a rejection of the artist's quote and the artist may take another booking on the date(s).
Contracts: from the client, agency, or other third party acting on behalf of the end client
The artist will not appear at the event unless he has a signed contract from the agents.
In the case of corporate clients, the artist will require a purchase order to facilitate invoicing. If no purchase order is issued, the artist may decide not to attend the event as payment has no guarantee.
Clients will pay a securing deposit of at least £50 upon booking. The balance of the fee will become due one month prior to the event.
Corporate clients or their agencies will pay the artist's invoice within 30 days from issue. The artist reserves the right to charge interest at a rate of 6% per month on any balance unpaid after 40 days of the date of the invoice.
-by the Client
If the Client cancels, the Artist’s fee shall become payable as follows:
10% if cancellation is made eight or more weeks before the original date of the event
50% if cancellation is made four or more weeks before the original date of the event
100% if cancellation is made within two weeks of the original date of the event
Any expenses incurred by the artist on behalf of the client will also become due immediately upon notice of cancellation.
-by the Artist
Should the Artist have to cancel, any monies paid to the Artist by the Client shall be refunded in full and/or
the Artist shall make his best endeavours to find a replacement artist of equivalent quality. The replacement artist would expect a fee at least the equivalent of that paid to the Artist.
Copyright in all works produced is retained by the Artist. Artwork may not be reproduced without prior written consent from the Artist. A fee may be payable for a copyright licence.
All notices shall be sent to the artist and to the Client at the address stated in the confirmation. Each party shall give written notification of any change of address to the other party prior to the date of such change.
These terms and conditions are governed by the law of England and Wales and may not be varied except by agreement in writing. The parties hereto submit to the non-exclusive jurisdiction of the English Courts.