ARTWORK COMMISSION AGREEMENT

This Agreement between MB(@maru.biscuit) and Client, shall govern the respective rights of Artist and Client with respect to the artwork described herein. 

I. Scope of Work Commissioned

Artist and Client expressly agree that the artwork to be created by Artist pursuant to Client’s specifications shall be limited to, unless modified in a writing signed by both parties, the following artwork, hereafter known as “the Work”:

•  Scanned Manga Work 300 dpi in JPG Format (or any other image file type if client wish) 

Artist agrees that the Assets shall be of first class quality, artistically produced, with aesthetic content technically correct and of a quality equal to current standards for Assets of similar character and purpose.

II. Deadlines and Completion

Upon receipt of Client’s specifications pursuant to Section I, which Client agrees are true and complete at the time of execution of this Agreement, Artist agrees to complete the Work upon the following schedule:

• (7) days days following the signature of this Agreement for the First Draft Sketch. At this time, any kind of changes are available with no charge.

• (20) days following the signature of this Agreement for the final Illustration. At this time, a single minor change is available. Any additional change will be charged $25 USD each.

 

III. Rights Transferred

All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of the Artist. This license provides the Client with the personal use only. This license provides the Client with limited right to reproduce, modify, and alter or remove any copyright. Images may contain copyright management information (CMI) at the discretion of the Artist in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes a violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to the Artist for any penalties and awards available under that statute.

 

IV. Compensation

The Client shall pay Artist a total flat fee as total compensation for the project described above. Payment shall be made as follows:

• 100% at start of work as down payment.

• Additional fees will be charged for revisions that are not due to any fault on the part of the Artist made after given minor changes(Please refer to II. Deadlines and Completion), and for revisions reflecting a new direction to the assignment, or new conceptual input.​​​

 

V. Termination/Kill Fee Client may terminate this Agreement at any time by sending written notice thereof to Artist at the address provided herein. Upon such termination, Client agrees to compensate Artist as follows: 

(1) Partial Completion. If Artist has partially completed the Work, Client agrees to compensate Artist at sixty-five (65%) of the total compensation. If this Agreement is terminated by Client after Partial Completion by Artist, Artist shall retain ownership of all rights of copyright and the original artwork, including but not limited to completed artwork, sketches, and comps. 

(2) Full Completion. If Artist has completed the finished artwork at the time of cancellation, Client agrees to compensate Illustrator in full as otherwise provided in this Agreement. 

VI. Non-Payment; Remedies

Any delinquent payments due Artist from Client shall bear interest at the highest applicable statutory rate in any jurisdiction in which the Agreement is made. If no such statutory rate applies, payment delinquencies shall bear interest at a rate of two and one-half percent (2.5%) per month. Client agrees that it shall bear responsibility for any fees incurred by Artist in enforcing this Agreement, including but not limited to attorneys’ fees and court costs.

 

VII. Artist's Right to Authorship Credit

Artist may use Work in Artist's portfolio (including, but not limited to, any website that displays Artist's works). When asked, Client must properly identify Artist as the creator of Work. Client does not have a proactive duty to display Artist's name together with Work, but Client may not seek to mislead others that Work was created by anyone other than Artist.

VIII. Severability; Integration

Client and Artist agree that this Agreement shall not be amended except by a writing executed by both parties, and expressly state that this writing shall constitute a complete expression of the entire agreement between the parties, and that no additional terms exist that are not included herein. To the extent any provision contained in this Agreement shall be found to be void, invalid, or otherwise unenforceable in any way, such invalidity shall not affect the remainder of this Agreement, which shall remain in full force and effect. 

IX. Unauthorized Use by Client; Indemnity

Client agrees to indemnify Artist against any and all claims and expenses, including but not limited to attorneys’ fees and costs, incurred as a result of Client’s unauthorized use of the Work under this Agreement, including the enforcement of this Agreement by Artist. 

X. Warranty of Originality

Illustrator represents and warrants to Client that, to the best of Artist’s knowledge and belief, the Work assigned by this Agreement is original and has not been previously published or licensed to any third party. 

XI. Release of Liability

Client agrees that it shall not hold Artist or any agent thereof liable for any damages arising from Artist’s failure to complete the Work in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Illustrator or of any third party.