Scope of this agreement
This Agreement applies to any image, graphics, digital assets, or digital images created or taken by Artist (Raven Magill) and delivered (collectively known as “IMAGES”) to the Client (you) . This Agreement governs the relationship between the parties and in no communication or other exchange, shall modify the terms of this Agreement unless agreed to in writing.
Artist as the copyright holder of the artwork created for the Client, retains the right to:
distribute the work in any form, be it digital or printed copy
reproduce the work in any fixed form, be it digital or printed copy
display the work digitally, or physically if such an arrangement has been made
create derivatives of the work
This license provides the Client with the limited right to reproduce, publicly display, and distribute the Images only for personal use.
Relationship of the parties
The parties agree that Artist is an independent contractor, and that Artis shall be deemed to be an employee of the Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Artist and the Images or any other deliverables prepared by Artist shall not be deemed a work for hire as defined under Copyright Law
The manner and method of creating any Image is solely at the discretion of Artist and the Client has no right to control Artist’s manner and method of performance under this Agreement.
When digital delivery is specified, artist will deliver images in PNG format, at the resolution that Artist determines will be suitable for the Images. Artist has no obligation to retain or archive any Images delivered to Client.
For Client cancellation within 24 hrs of placing an order, a full refund will be issued and Client will not be responsible for any fees. If Client requests cancellation of an order more than 24 hrs after placing the order, and prior to delivery of the work, Client will pay a thirty-five (35)% cancellation fee.
Client will indemnify and defend Artist against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Images or materials furnished to Client.
If one or more of the provisions in the Agreement is found invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected. Any such provisions will be revised as required to make them enforceable.
No action of either party, other than in writing agreed to by the parties, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such action will not preclude further exercise of other rights or remedies in this Agreement.
This agreement was cobbled together from a free document courtesy of the Art Law Journal.
If you have any questions or concerns about this agreement, please do not hesitate to contact me.