Terms of Service

Reservation of Rights

All rights not expressly granted in the Client Agreement (to be determined after discussing commission details) is to be retained by the Artist, including any electronic rights or usage unless specified and including, but not limited to, all rights in sketches, comps, or other preliminary materials. Any grant of rights is conditional upon receipt of full payment. Upon receipt of full payment, Artist shall deliver digital files necessary to enable Client’s usage rights granted herein.

Artist retains the rights to display all work created by the Artist for this project once it has been published by the Client, including preliminary materials and final art, in Artist’s portfolios, including in print and online.

With an exclusive license, the Artist may not profit directly off the work themselves, nor sell a commercial license to the work to any third party.

The Client understands that they have no right to alter the final illustration in any way except to change size for digital display or overlay text and/or graphics. If the Client desires any alterations, they will consult the Artist. The Client understands that additional payments may be required to make these alterations.

The Client understands that any artwork purchased from the Artist may not be used in any capacity for artificial intelligence (AI) generated work or to be used for AI training.

Revisions

Preliminary work/sketches: Artist agrees to submit rough sketches for Client’s approval per concept. Additional fees may be charged to Client for revisions made after the start of the rendering stage and for all revisions that reflect a new direction for the assignment or new conceptual input.

Finished art: Additional fees may be charged to Client for revisions made after the Client has previously approved the artwork as final design.

No additional fee shall be billed for changes required to bring final artwork up to original specifications or assignment description. Client agrees to offer Artist the first opportunity to make any changes to final artwork.

Deliverables and Schedule

The work is produced to the specifications specified by the Client. The Client must supply the Artist the printer’s template, if needed. The final Artwork will be delivered to the Client in JPEG and/or PNG file format, along with a PSD file if applicable. Working files (including but not limited to original layered files) will remain with the Artist and will not be given to the Client.

The Artist aims to have the final Artwork sent to the Client for final approval within the specified timeframe. 

Creation Acknowledgements

The Client agrees to credit the Artist where possible. If the final product is print, the Client agrees to print the credit on the product or print credit on a separate area accompanying the print. If the product is posted digitally, the Client agrees to publish a watermarked version (if applicable). The Client will make every effort to include the credit when the Artwork is used in promotion of the product.

1. Crediting in books: Illustration by Kristin Lemonde (@lemonade_doodles)

2. Print copies: Artist signature clearly displayed

3. Digital (including social media): Illustration by @lemonade_doodles (or tagging with appropriate handle)

Payment

Client must pay the Full Balance via Artist’s issued Square Payments invoice as soon as possible, no later than two weeks from when it was issued. Artist will not release finished files to the Client or other parties until final payment and the Full Balance has been received.

A 1 ½% monthly service charge will be billed against late payment. 

The Artist retains the right to discontinue, withhold, or suspend services should payments not be paid as specified in this agreement.

Proofing

Client is fully responsible for proofing the illustrations provided by the Artist. At no time will the Artist be held financially or legally responsible for any problems, costs, fees or expenses incurred by the Client as a result of using the illustration.

Images for Design

If the Client supplies the Artist with materials subject to intellectual property rights by a third-party, the Client will secure the appropriate rights to use the materials before directing the Artist to incorporate them into the project. Should any intellectual property dispute arise involving materials the Client provides, the Client assumes full legal and financial responsibility.

Cancellation

The Client or the Artist may cancel this agreement at any time by providing written notice to the other party. If either Client or the Artist cancels a project before any payment has been made, neither the Client nor the Artist is under further obligation to the other, and the project will be considered cancelled.

If the Client should stop or cancel a project at any point before final Artwork for approval has been sent to the Client and after payment has been made, the Client agrees to forfeit 50% of the project total sum. This is to cover resources and time taken during the project up to the point of cancellation. The Client will have no rights to any mockups sent to the Client and agrees to destroy them and not use them for any other purpose.

Upon cancellation or kill, Artist retains all rights to the art, and all original art and copies thereof must be returned, including sketches, comps or other preliminary materials, and Client shall permanently delete all digital copies thereof.

Permissions and Releases

The Client agrees to indemnify and hold the Artist harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or privacy release was requested or for which uses exceed the uses allowed pursuant to a permission or release.

Miscellany

The Client’s right to use the work is conditioned upon Client’s compliance with the terms of their Agreement. The Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. The Agreement constitutes the entire understanding of the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally. No terms attached to any payment under this Agreement can modify the Agreement except under an independent instrument in writing signed by both parties. 

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