.: Commission Terms of Service/Contract :.
For Maranda St.Martin / Cloudy Panda Studio
**This is a legally binding document. please read all of it carefully.**
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In return for the art that are completed and delivered under this agreement, Customer shall compensate the Artist, according to the terms of Exhibit A attached hereto (bottom of doc). In the event the Customer retracts payment or fails to make any of the payments referenced in Exhibit A by the 24 hour deadline set forth , the Designer has the right, but are not obligated, to pursue any or all of the following remedies: (1) terminate the agreement, (2) withhold all files, artwork, source, commitments or any other service to be performed by the Designer for Customer, (3) bring legal action. The Customer is fully responsible for all costs as outlined in Exhibit A.
Only if and when: money, signed contract, and completed work have transferred between the Designer and the Customer, do the agreed rights to the works outlined in Exhibit A go to the Customer. If all 3 stipulations are not yet met or the Customer has opted to return work. The agreement is void and all all files, artwork, and copyrights remain with the Artist until all terms are met.
In consideration of the mutual covenants set forth in this Agreement, Customer and Designers hereby agree as follows:
1.Payment Amounts.
3. Additional Editing & Changes.
4. Ownership of Original Artwork
6. General Provisions.6.1 Entire Agreement.This agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this agreement shall be valid unless made in writing and signed by all of the parties hereto.
6.2 Governing Law.This agreement (and any dispute or claim relating to it or its subject matter) is governed by and is to be construed in accordance with the federal law of the United States if and to the extent such law is applicable, and otherwise in accordance with the laws of the State of Massachusetts applicable to contracts made and to be performed entirely within such State. Each of the parties hereto agrees (a) to submit to the exclusive jurisdiction and venue of the United States District Court for the District of Columbia and the United States Court of Federal Claims for any and all civil actions, suits or proceedings arising out of or relating to this Agreement or the Warrant or the transactions contemplated hereby or thereby, and (b) that notice may be served upon. To the extent permitted by applicable law.
6.3 Binding Effect.This Agreement shall be binding upon and endure to the benefit of Customer and Designers and their respective successors and assigns, provided that Designers shall not assign any of their obligations under this Agreement without Customer's prior written consent.
6.4 Waiver.The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party's right thereafter to enforce and compel strict compliance with every term and condition of this agreement.
6.5 Good Faith.Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
6.6 No Right to Assign.Customer has no right to assign, sell, modify or otherwise alter the original art, except upon the express written advance approval of the Artist, which consent can be withheld for any reason.
6.7 Right to Remove Project.In the event Customer fails to make any of the payments set forth on Exhibit A within the time prescribed, the Artist has the right to immediately cease all work on the design until payment is made in full.
6.8 Use of Project for Promotional Purposes.Customer grants the Artist the right to use the design for promotional purposes and/or to cross-link it with other marketing venues developed by the Artist.
6.9 Right to Style or to Make Derivative Works.Subject to Section 4 above, the Artist has the exclusive rights in making any derivative similar works of the design and any similarities between Customer's design and future projects constitutes Designer's methods and style and shall remain the right of Designer.
6.11 Attorney's Fees.In the event any party to this agreement employs an attorney to enforce any of the terms of the Agreement, the prevailing party shall be entitled to recover its actual reasonable attorney's fees and reasonable associated costs, including expert witness fees.
Exhibit A Payment and Working Schedule
1. Customer agrees to pay for the a discussed implementation one design for the discussed fee.
2. The Artist will start the work on the design only after the full payment of the due fee. The exact date when the artist will actually start work on the design is dependent on completion of prior agreements. Customer will be informed about the ship date of the design after the payment.
3. The Designer delivers the resulting design to the customer.
4. The design is delivered in electronic form, submitted via DeviantArt's gallery site, and possibly here as an addition to the Artist's portfolio. The Artist is not responsible for safe storing the design files or for delivering raw files to the customer.
7. Traditional Media commissions
• Clients can choose if they would like a high quality picture of the completed traditional artwork. Or the original picture shipped to them.
• If the original artwork is shipped the client may request a different type of paper to be used ahead of time.(The types that I automatically use with each medium is stated on the commission chart). Illustration board requests are always subjected to a higher fee.
• Upon completion, a high quality picture of the finished artwork is sent to the client through email.
• If the client wishes for the original shipped its an additional $3 for US standard shipping and $7 for standard international shipping. If the client wants a faster method of shipping an additional fee is required.
• I ship non paint canvas artwork 11x14.5 and under in document mailers to avoid bending. Non canvas work that are larger are shipped with cardboard to prevent bending. Hence why I am not responsible for any damages that happens during shipping.
• If the picture is damaged, I can send a copy of it for a small fee. This will only be done after Im presented with a picture showing proof the picture has been damaged during shipping.
8. Digital Media commission Prints
• Clients can purchase high quality prints of their commissioned artwork if requested. However, there is an additional fee depending on the size and type of paper
• Customers must specify the type of paper requested. Note; some paper costs more than others.
• I cannot guarantee that the print will match the colors of the original perfectly. There is a chance that the colors might be printed more pale than the original digital piece. The color differences are either lighter or darker than the original. But the changes are big enough from red turned into green.
• In rare cases the Artist may give a discount for the print if the colors are to different
• Shipping requires an additional fee. The time it will take to come depends on the type of shipping the commissioner is willing to pay for it.
• The artist is not responsible for damaged pieces in the mail. Prints are packaged to avoid this.
I have read and understood terms and conditions of the Commission and Custom design Terms of Service and hereby agree to abide by them. I also have thoroughly read and accepted specifications for the artwork located in the Price Catalog have all been read and are understood.
Art Commission ContractThis agreement is made the Date(MM/DD/YY):_______,by and between:
Artist’s Name: Maranda St.Martin (qualifies as a signature)
Pay Pal E-mail: Miss.MSTM@gmail.con
and
Patron’s Name: ________________________________________________(qualifies as a signature)
Pay Pal E-mail: _______________________
(E SIGNATURE HERE) (DATE GOES HERE )
_____________________________________ Date:___________
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**This is a legally binding document. please read all of it carefully.**
--------------------------------------------------------------------------------------------------------------------
In return for the art that are completed and delivered under this agreement, Customer shall compensate the Artist, according to the terms of Exhibit A attached hereto (bottom of doc). In the event the Customer retracts payment or fails to make any of the payments referenced in Exhibit A by the 24 hour deadline set forth , the Designer has the right, but are not obligated, to pursue any or all of the following remedies: (1) terminate the agreement, (2) withhold all files, artwork, source, commitments or any other service to be performed by the Designer for Customer, (3) bring legal action. The Customer is fully responsible for all costs as outlined in Exhibit A.
Only if and when: money, signed contract, and completed work have transferred between the Designer and the Customer, do the agreed rights to the works outlined in Exhibit A go to the Customer. If all 3 stipulations are not yet met or the Customer has opted to return work. The agreement is void and all all files, artwork, and copyrights remain with the Artist until all terms are met.
In consideration of the mutual covenants set forth in this Agreement, Customer and Designers hereby agree as follows:
1.Payment Amounts.
- The parties for the individual artwork will decide selling price. A fee will be based upon size and complexity of completed work and will be consistent with other comparable works by the Artist at the time of sale. Parties will agree to price in writing prior to the commencement of the design. The Designer and Customer will mutually determine size. (1900 x1200 approx. 150 dpi)
- It is the intent of this contract that the Artist creates artwork for the Customer that the Customer will purchase the work. However, if, after the work is completed, the Customer does not wish to purchase the work, the Customer may refuse the created artwork. In that case, the Designer will retain the refused design and the nonrefundable deposit, free of any claims or interests of the Customer and the Customers will owe no additional fees to the Artist.
- There are no refunds after work is completed.
- Any discrepancies in the Customer's financial account information must be disclosed before point of purchase to the Artist (if you are not the sole owner the pay-pal account from which funds are being transferred.)
- If at any point during the transaction, it is discovered the Customer's account information does not match with information provided in the signed contract. The agreement will be rendered null and void. If discrepancies do surface and no or limited work has been completed; then the Customer will be refunded the agreed payment. If the amount of works completed is significant, the full amount of the deposit will be retained by the Artist.
- If after accepting work the Artist discovers the Customer has a past of delinquent payments, returns, or reselling. The artist reserves the right to refund money before work is completed, breaking the agreement.
- If Customer's behavior is malicious or deemed poor, the Artist reserves the right to refund payment before work is completed, breaking the agreement.
- All payments are due in full at point of sale or within 24 hours after a commission request has been accepted.
- Payments must be made using paypal. No exceptions.
- All payments received without a signed contract will be refunded.
- Customers that have commissioned artwork for non commercial usage and decides at a later date for it to be commercially used must pay an additional fee that is decided by the original Artist.
- I do not give refunds unless the commission has not been completed within 2 weeks of the day it was accepted. Or unless I realize that I cannot draw what was requested.
3. Additional Editing & Changes.
- In progress work will not be shown to Customers until the final product is completed unless specified beforehand. If you wish to see progress work, it must be requested beforehand.
- Asking for progress work is recommended. As changes in earlier stages is significantly cheaper than clients asking for changes after the artwork is completed
- Any requested changes to the specifications of the design that shall constitute additional editing once work is completed will incur additional charges or fees. All additional changes must be submitted and approved by both parties in writing, wherein the fee will be discussed and decided.
4. Ownership of Original Artwork
- Copyright: The Artist reserves the common-law copyright to all works commissioned by the Customer that are created by the Designer, including all reproduction rights and the right to claim statutory copyright. The Customer may reproduce no work without the prior written approval of artist after the commercial fee is paid.
- The Artist retains the right to reproduce the design in any form for marketing, future publications, competitions or other promotional uses.
- The Artist shall at no time reproduce the design for use in commercial means or for-profit use.
- Customers may not by any means use original art for commercial purposes unless the commercial price is paid. Or have obtained permission from the Artist to do so. Examples: Creation of plush, stickers, videos, etc of the design and selling them to the public. The design is solely the consumers and is not to be used for profit outside of sale of the design as compensation for the initial purchase.
5. Customer's Rights of Use.
Customers may give a custom design a name, story, world to live in, etc, for personal use if the commercial usage price has not been paid.- Customers may change colors, patterns, clothing, and features of a design created by the Artist as the patron sees fit.
- Customers must specify in advance if the artwork wants to be posted on other sites. Posting artwork elsewhere is not allowed unless permission is given from the Artist. The Artist retains the rights to the original work. Iterations done or commissioned by the Customer may be posted off site.
- Customers may not opt for co or dual ownership of a design. I will not recognize ownership without a contract.
- Customers may trade the design away for other non-monetary means (designs & points), or currency from other Deviant users to recuperate funds from the initial purchase.
- If the commercial usage fee is paid, the commissioner gains all rights to the image. This means that it can be used in things such as books, comics, or any external project that earns a profit.
- Clients can request for the artwork not to be posted publicly till they launch/release the images to others themselves. However, once the client has released the image to the public, the Artist can and will post said images wherever they wish to. Such as in a portfolio or Gallery.
6. General Provisions.6.1 Entire Agreement.This agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this agreement shall be valid unless made in writing and signed by all of the parties hereto.
6.2 Governing Law.This agreement (and any dispute or claim relating to it or its subject matter) is governed by and is to be construed in accordance with the federal law of the United States if and to the extent such law is applicable, and otherwise in accordance with the laws of the State of Massachusetts applicable to contracts made and to be performed entirely within such State. Each of the parties hereto agrees (a) to submit to the exclusive jurisdiction and venue of the United States District Court for the District of Columbia and the United States Court of Federal Claims for any and all civil actions, suits or proceedings arising out of or relating to this Agreement or the Warrant or the transactions contemplated hereby or thereby, and (b) that notice may be served upon. To the extent permitted by applicable law.
6.3 Binding Effect.This Agreement shall be binding upon and endure to the benefit of Customer and Designers and their respective successors and assigns, provided that Designers shall not assign any of their obligations under this Agreement without Customer's prior written consent.
6.4 Waiver.The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party's right thereafter to enforce and compel strict compliance with every term and condition of this agreement.
6.5 Good Faith.Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
6.6 No Right to Assign.Customer has no right to assign, sell, modify or otherwise alter the original art, except upon the express written advance approval of the Artist, which consent can be withheld for any reason.
6.7 Right to Remove Project.In the event Customer fails to make any of the payments set forth on Exhibit A within the time prescribed, the Artist has the right to immediately cease all work on the design until payment is made in full.
6.8 Use of Project for Promotional Purposes.Customer grants the Artist the right to use the design for promotional purposes and/or to cross-link it with other marketing venues developed by the Artist.
6.9 Right to Style or to Make Derivative Works.Subject to Section 4 above, the Artist has the exclusive rights in making any derivative similar works of the design and any similarities between Customer's design and future projects constitutes Designer's methods and style and shall remain the right of Designer.
6.11 Attorney's Fees.In the event any party to this agreement employs an attorney to enforce any of the terms of the Agreement, the prevailing party shall be entitled to recover its actual reasonable attorney's fees and reasonable associated costs, including expert witness fees.
Exhibit A Payment and Working Schedule
1. Customer agrees to pay for the a discussed implementation one design for the discussed fee.
2. The Artist will start the work on the design only after the full payment of the due fee. The exact date when the artist will actually start work on the design is dependent on completion of prior agreements. Customer will be informed about the ship date of the design after the payment.
3. The Designer delivers the resulting design to the customer.
4. The design is delivered in electronic form, submitted via DeviantArt's gallery site, and possibly here as an addition to the Artist's portfolio. The Artist is not responsible for safe storing the design files or for delivering raw files to the customer.
7. Traditional Media commissions
• Clients can choose if they would like a high quality picture of the completed traditional artwork. Or the original picture shipped to them.
• If the original artwork is shipped the client may request a different type of paper to be used ahead of time.(The types that I automatically use with each medium is stated on the commission chart). Illustration board requests are always subjected to a higher fee.
• Upon completion, a high quality picture of the finished artwork is sent to the client through email.
• If the client wishes for the original shipped its an additional $3 for US standard shipping and $7 for standard international shipping. If the client wants a faster method of shipping an additional fee is required.
• I ship non paint canvas artwork 11x14.5 and under in document mailers to avoid bending. Non canvas work that are larger are shipped with cardboard to prevent bending. Hence why I am not responsible for any damages that happens during shipping.
• If the picture is damaged, I can send a copy of it for a small fee. This will only be done after Im presented with a picture showing proof the picture has been damaged during shipping.
8. Digital Media commission Prints
• Clients can purchase high quality prints of their commissioned artwork if requested. However, there is an additional fee depending on the size and type of paper
• Customers must specify the type of paper requested. Note; some paper costs more than others.
• I cannot guarantee that the print will match the colors of the original perfectly. There is a chance that the colors might be printed more pale than the original digital piece. The color differences are either lighter or darker than the original. But the changes are big enough from red turned into green.
• In rare cases the Artist may give a discount for the print if the colors are to different
• Shipping requires an additional fee. The time it will take to come depends on the type of shipping the commissioner is willing to pay for it.
• The artist is not responsible for damaged pieces in the mail. Prints are packaged to avoid this.
I have read and understood terms and conditions of the Commission and Custom design Terms of Service and hereby agree to abide by them. I also have thoroughly read and accepted specifications for the artwork located in the Price Catalog have all been read and are understood.
Art Commission ContractThis agreement is made the Date(MM/DD/YY):_______,by and between:
Artist’s Name: Maranda St.Martin (qualifies as a signature)
Pay Pal E-mail: Miss.MSTM@gmail.con
and
Patron’s Name: ________________________________________________(qualifies as a signature)
Pay Pal E-mail: _______________________
(E SIGNATURE HERE) (DATE GOES HERE )
_____________________________________ Date:___________
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