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Illustrative Agreement

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Illustrative Agreement Powered By Docstoc
					This agreement is between an illustrator and a recipient whereby the recipient retains
the illustrative services of the illustrator for a certain project. Recipient acknowledges
that the illustrator will retain all rights of authorship and will be given appropriate credit
for the work by the recipient. The recipient also agrees that the illustrator shall retain
any and all sketches and drawings in respect to the project. This form contains
standard language commonly used in these types of agreements, however, additional
language maybe added by the user to meet their needs. Use this form when entering
into an agreement with an illustrator and a recipient, or if one is an illustrator entering an
arrangement with a recipient.
                               ILLUSTRATIVE AGREEMENT
       THIS ILLUSTRATIVE AGREEMENT (the “Agreement”), is made this ____ day of
______________, 2_____, [Instruction: Insert date.] by and between ____________________
[Instruction: Insert Illustrator’s name.] (the “Illustrator”) and _______________________
[Instruction: Insert name of person requesting illustration] (the “Recipient”).

       WHEREAS the Illustrator designs and create illustrations for individuals and companies
for the purpose of use in books, magazines, pamphlets, textbooks and such other printed
materials [Option: Insert additional print media illustrator designs and creates for,
including internet, if applicable.];

       AND WHEREAS the Recipient desires to obtain the services of the Illustrator for the
purposes of designing and creating illustrations for ___________________ [Instruction: Insert
purpose of contract and describe in detail the work to be performed including number and
kind of illustrations, as well as any specified electronic file format.] (the “Project”);

        AND WHEREAS the Illustrator and the Recipient desire to enter into this Agreement to
provide for the terms and conditions and rights and obligation of the Illustrator and the Recipient
with respect to the Project.

         IN CONSIDERATION of the promises and other good and valuable consideration set
forth, the parties agree as follows:

    1. The Illustrator shall design and create illustrations for the Project which shall be entitled
       “__________________”. The author of the Project is _________________ and the
       publisher of the said Project is __________________. [Instruction: Insert applicable
       title, author and publisher information.]

    2. The anticipated date of publication of the Project is _______________, [Instruction:
       Insert date.] subject to change at the discretion of the Recipient, and the Illustrator shall
       deliver the Project to the Recipient on or before the ____ day of ______________,
       2____. [Instruction and Comment: Insert date. Date for delivery should not be later
       than anticipated publication date]

    3. The Illustrator shall deliver a first draft of the Project to the Recipient by no later than
       _____________________ [Instruction: Insert date.] for review and comment.
       Recipient shall have ten (10) days in which to request any changes, alterations or
       amendments to the Project. If no changes or revisions are requested during this period,
       the draft Project shall be deemed accepted. In the event the Recipient requires any
       changes, alterations or amendments to the Project, the Illustrator shall make any and all
       requested change, alterations and/or amendments in a timely manner and shall forward
       the amended draft Project to the Recipient for final approval. The Illustrator shall be
       given additional time to complete any such requested changes, alterations and/or
       amendments. Should the Recipient request changes, alterations or revisions to the Project
       beyond the first set of such changes, alterations or revisions, the Illustrator will be given


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         additional time to complete the revisions and the Recipient shall compensate the
         Illustrator for additional time and materials required. Once the draft or amended draft of
         the Project has been approved by the Recipient, the Illustrator shall deliver a final good
         copy (either in camera-ready form or in an electronic file, in a file format approved by
         Recipient or the publisher, as the case may be) of the Project to the Recipient within
         ______ (__) [Instruction: Insert number of days.] days after the Recipient has
         approved the final draft of the Project. The Recipient shall have ten (10) days from the
         date of submission to request changes or revisions of the final Project to the Illustrator. If
         no changes or revisions are requested during this period, the final Project shall be deemed
         accepted, and consideration shall be paid as set forth in this Agreement. The parties
         hereby agree that Recipient shall have full artistic and editorial discretion with respect to
         the Project.

    4. Upon the Illustrator delivering the final good copy of the Project to the Recipient, the
       Illustrator shall grant and assign all of his/her/its right, title and interests in and to the
       rights comprised in the copyright of the Project to the Recipient including, but not limited
       to, all rights to claim, register and obtain copyrights throughout the world. The Illustrator
       acknowledges and agrees that the Recipient retains all rights to characters, images of
       characters, setting elements and other informational and story material provided to the
       Illustrator for the purposes of completing the Artwork. The Recipient acknowledges that
       the Illustrator shall retain all rights of authorship and shall be given appropriate credit for
       the work by the Recipient. The Recipient further acknowledges and agrees that the
       Illustrator shall retain any and all sketches and drawings in respect of the Project.
       Notwithstanding the Recipient’s ownership of the copyright of the Project, the Recipient
       grants the Illustrator a limited license to include the Project in his or her portfolio,
       including digital portfolios presented on the Internet, as an example of his or her work
       and to display or sell the original Project, including any and all sketches or drawings
       produced by Illustrator during the creation of the Project. [Optional additional
       language: In addition, the Illustrator shall have the right to produce and sell color
       reproductions of the Project (the “Prints”), subject to the condition that said Prints
       would not be sold until the publication of the Project by the Recipient and that the
       use and sale of said Prints would be noncompetitive with the Recipient. Each Print
       shall identify the Recipient as the owner of all trademarks and copyrights associated
       with the Project. The Recipient further grants the Illustrator the right to use
       substantially altered elements of the Project in other illustrations or graphics
       outside of this Agreement.] The Illustrator shall receive two (2) [Option: Parties may
       vary the number of free copies, or remove the right to receive any free copies, but
       still should set forth the cost to Illustrator of obtaining copies.] copies of the
       published Project at no cost to the Illustrator. Additional copies may be bought from
       Recipient at distributor cost.


    5. The Recipient shall pay to the Illustrator the sum of _______________ ($_____)
       [Instruction: Insert payment amount.] United States Dollars (the “Purchase Price”) for
       the completed Project.




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    6. Upon execution of this Agreement, the Recipient shall pay a deposit of _____________
       ($_____) [Instruction: Insert deposit amount.] United States Dollars (the “Deposit”) to
       the Illustrator which shall be paid by way of cash, check, money order or bank draft or by
       such other means as the parties hereto may agree. Upon the Illustrator delivering the
       final good copy of the Project to the Recipient, the Recipient shall pay to the Illustrator
       the balance of the Purchase Price due and owing being the amount of ______________
       ($____________)[Instruction: Insert final balance.] United States Dollars. In the
       event of any additional payment being due, as a result of additional requested changes,
       alterations or amendments, such payment shall be at a rate of ____ ($__) [Instruction:
       Insert hourly charge for additional work performed.] United States Dollars per hour,
       and shall be payable immediately upon demand by Illustrator, upon the presentment of a
       written invoice by Illustrator to Recipient. Such written invoice shall contain a detailed
       description of time spent on such additional requested changes, alterations or
       amendments. The final balance, and any additional payments, shall be paid by way of
       cash, check, money order or bank draft or by such other means as the parties hereto may
       agree.

    7. In the event the Project is cancelled by the Recipient for any reason whatsoever, through
       no fault of Illustrator, prior to the Illustrator completing the Project, the Recipient shall
       pay to the Illustrator _______ (__%) [Instruction: Insert percentage due to
       Illustrator.] of the Purchase Price for all work which has been completed by the
       Illustrator.

    8. The Illustrator agrees to keep confidential all materials, treatments, story lines and
       business plans disclosed by the Recipient to Illustrator to assist in the preparation of the
       Project, and shall not disclose any such information to any third party without the
       Recipient’s prior written consent.

    9. Nothing in this Agreement shall be deemed to create any relationship of partners or joint
       ventures between the Recipient and the Illustrator, nor shall there be any or be deemed to
       be any employer/employee relationship.

    10. This Agreement shall be governing in accordance with the laws of the State of
        _______________ [Instruction: Insert state.] applicable therein.

    11. The parties hereby agree that this document contains the entire agreement between the
        parties and this Agreement shall not be modified, changed, altered or amended in any
        way except through a written amendment signed by all of the parties hereto.

    12. If any provision of this Agreement or the application thereof shall, for any reason and to
        any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the
        application of the provision to other persons, entities or circumstances shall be affected
        thereby, but instead shall be enforced to the maximum extent permitted by law.

    13. This document or any subsequent amendment hereto may be executed by facsimile
        and/or in one or more counterparts, each of which when so executed and delivered shall



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         be deemed an original, but all of which taken together shall constitute but one and the
         same original. Each party shall accept any such signed faxed counterpart as full
         execution of this document or any subsequent amendment thereto.


       IN WITNESS WHEREOF the parties hereto have duly executed this Agreement as of the
day and year first written above.




Witness:                                                                  Illustrator



Witness:                                                                  Recipient




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DOCUMENT INFO
Description: This agreement is between an illustrator and a recipient whereby the recipient retains the illustrative services of the illustrator for a certain project. Recipient acknowledges that the illustrator will retain all rights of authorship and will be given appropriate credit for the work by the recipient. The recipient also agrees that the illustrator shall retain any and all sketches and drawings in respect to the project. This form contains standard language commonly used in these types of agreements, however, additional language maybe added by the user to meet their needs. Use this form when entering into an agreement with an illustrator and a recipient, or if one is an illustrator entering an arrangement with a recipient.