Sample of OFFER FOR COMMISSIONED ILLUSTRATION
This contract is an offer by Nick Wohlfarth and Wicked Pixie to __ made on [DATE]
for Nick to provide Illustration(s) as requested.
Work. Commissioner retains Artist to create [DESCRIBE WORK]. Work includes initial work and 2
revisions before final product delivery.
Price and Delivery. The non-refundable flat-fee for Work is [FEE]. Payment must be made in half
before any work begins. Payment should be made in the method and manner specified to the Artist through Paypal. Work is to be delivered no later than [DATE], but Commissioner agrees that the date of delivery is not
material to this Agreement. After the final draft is done a watermarked version will be sent for approval. After approval; the final half of the payment is to be sent and confirmed. Once final payment is received the full work will be sent in the specified format.
Grant of Rights. Artist agrees to the perpetual non-exclusive license of all rights (including,
but not limited to, the right to display, modify, transmit, transfer, sell, and create derivative
works) to Work to Commissioner, excluding only the right to authorship credit, which is retained by
Artist. Artist agrees that Work is produced with the intent it be unique and will not seek to
resell or publish Work, except as noted below.
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). Commissioner and Artist agree that when
asked, Commissioner must properly identify Artist as the creator of Work. Commissioner does not
have a proactive duty to display Artist's name together with Work, but Commissioner may not seek to
mislead others that Work was created by anyone other than Artist.
Commissioner Accepts Artist's Creative Vision. Commissioner agrees that Artist will complete
Work in Artist's creative style at Artist's sole discretion. If Commissioner refuses to receive
Work or demands Work be redone, it is understood and agreed that Commissioner is canceling the
Agreement, and no fee will be refunded.
Cancellation, and Expiration. The fee for Work is non-refundable. If Commissioner nonetheless
does not want or refuses to receive Work, Artist may decide whether or not to complete Work, and
will exclusively retain all right to Work. This Offer automatically expires upon 48 hours of being
made and may not then be accepted. This Offer expires if it is verbally or through writing
(including, but not limited to, by e-mail or text chat) withdrawn by Artist.
Limitation of Liability. Commissioner agrees that Artist will not be liable for any damages
(including, but not limited to, incidental or consequential damages), that arise from Artist's
performance of this commission (including, but not limited to, failure to perform in a timely
manner, regardless of whether the failure was intentional or negligent.)
Dispute Settled by Arbitration, and Governing Law. Any dispute under or about this Agreement
must be submitted to and resolved by arbitration through the arbitration services located at
Internet URL http://www.net-arb.com. Parties will bear their own costs. Any court may enforce the
arbitration award. This Agreement will be governed by the laws of California, in the country of
US.
This Offer may be accepted (within 48 hours of being made or if withdrawn, as in Expiration, above)
and be enforced upon the signature of Commissioner (an electronic signature is acceptable).
Commissioner: (signature), on (date)
Artists&Clients
