Terms - The Short Version
- Payment must be rendered prior to the start of a project. Paypal only
- The artist retains rights to promote and display all artwork
- The client cannot claim ownership, edit, or profit from the artwork without a written contractual agreement for commercial work
- Commercial work is subject to additional terms, contract, and pricing
- No artwork or work is allowed to be utilized for NFTs
- I am committed to being a reliable source for work, if I cannot complete work then I will issue a refund
The Long Version
BACKGROUND
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:
SERVICES PROVIDED
TERMS OF AGREEMENT
CURRENCY AND COMPENSATION
CONFIDENTIALITY
OWNERSHIP OF INTELLECTUAL PROPERTY
CAPACITY/INDEPENDENT CONTRACTOR
NO EXCLUSIVITY
ACCEPTANCE OF THE DOCUMENT
- "Contractor" refers to the artist, Tina Fulton, responsible for the services of Illustration and/or Concept agreed upon by the Client and Contractor
- "Client" refers to the individual requiring services and compensating for the work. The Client is of the opinion that the Contractor has the necessary qualifications, experience, and abilities to provide adequate services.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:
SERVICES PROVIDED
- The Client hereby agrees to engage the Contractor to provide the Client with the mutually and verbally agreed upon services
- All illustration and concept services include 2-5 compositional thumbnails if the image is an illustration or concept
- A maximum of 3 heavy revisions to a work at the semi-finished image stage for an illustration or concept art (color stage with some rendering). Work beyond 3 heavy revisions will incur further compensation at an agreed upon price between Client and Contractor.
- A final full sized PSD and Png image of the work upon completion of the contract
- Services provided do not include any use or creation of art for the means of NFTs.
TERMS OF AGREEMENT
- The term of this Agreement will begin on the verbally agreed upon date and will remain in effect until the completion of the Services. The term may be adjusted with written consent by both parties.
- The Agreement may be terminated prior to completion of services if a 14 day notice is given and the Work has not reached a final rendering phase.
- The Agreement may also be terminated if the work is found to support or be used in NFTs, Non-Fungible Token, in any way, shape or form.
CURRENCY AND COMPENSATION
- Except as provided in this Agreement, all monetary amounts referred to are in USD (US Dollars)
- Payment for Service is to be provided prior to start of the Work through Paypal, except for services above $500.
- For Services above $500, a deposit of $500 is payable upon execution of the Service. The rest of the compensation will be paid before showing the final render. Images and files will not be sent until payment is complete.
- Paypal Invoices submitted by the Contractor are due within 7 days of receipt
- In the event that the Agreement is terminated by the Client prior to completion of Services, but where Services have been partially performed, the Contractor will be entitled to pro rata payment of the Compensation to the date of termination provided there has been no breach of contract by the Contractor
- The Compensation does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Compensation.
CONFIDENTIALITY
- Confidential information refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered private or proprietary and is not generally known or has been announced to the public.
- The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the Term and will still serve upon termination of this Agreement.
- All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential information regardless of whether it was provided before or after the date of this Agreement or how it was provided.
OWNERSHIP OF INTELLECTUAL PROPERTY
- The work will be owned by the Client for personal, non-commercial, use so long as another agreement or contract is not in place between Client and Artist.
- The Contractor shall retain rights to use the Work for personal, non-commercial, self promotional use so long as the Work is attributed to the Client.
CAPACITY/INDEPENDENT CONTRACTOR
- In providing the Services under this Agreement, it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. The Client is not required to pay, or make any contributions to any social security, local, state, or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Contractor during the Term. The Contractor is responsible for paying, and complying with reporting requirements for all local, state, and federal taxes related to payments made by the Contractor under this Agreement.
NO EXCLUSIVITY
- The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.
ACCEPTANCE OF THE DOCUMENT
- Upon verbal acceptance in written form, this Agreement will be executed and, in doing so, indicate acceptance of all terms listed in the Contract.