COPYRIGHT:
Andrea Montano (“Illustrator”) and “Client” intend this to be an agreement for services and each considers the illustrations rendered by Illustrator to be a “work made for hire.” To the extent that copyright does not automatically vest solely in Client, Illustrator hereby sells, assigns, and transfers to Client all of her rights and interest in and to the illustrations, including without limitation all rights to copyrights and any other proprietary, property-based or ownership-based right or interest. Illustrator may use the illustrations for promotional uses with proper acknowledgement of Client.
TERMS
1-Time for Payment
Illustrator will show a small resolution file for proof of work. Illustrator will give the completed high resolution artwork files or prints when payment is received first or after completion of the work.
2-Default in Payment
The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
4. Warranty of originality The Illustrator warrants and represents that, to the best of his/her knowledge, the work assigned here under is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Illustrator has full authority to make this agreement; and that the work prepared by the Illustrator does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Illustrator’s product that may infringe on the rights of others. Client expressly agrees that it will hold the Illustrator harmless for all liability caused by the Client’s use of the Illustrator’s product to the extent such use infringes on the rights of others.
5. Limitation of Liability Client agrees that it shall not hold the Illustrator or his/her agents or employees liable for any incidental or consequential damages that arise from the Illustrator’s failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Illustrator or a third party.