1. Reservation of Rights
All rights not expressly granted during correspondence are retained by the Artist, including any electronic rights or usage unless specified above and including, but not limited to, all rights in sketches, comps, or other preliminary materials. Any grant of rights is conditional upon receipt of full payment. Upon receipt of full payment, Artist shall deliver digital files necessary to enable Client’s usage rights granted herein. Any use additional to that expressly granted above requires arrangement for payment of a separate fee. Artist retains the rights to display all work created by Artist for this Project, including preliminary materials and final art, in Artist’s portfolios, including in print and online, and to submit such work to design periodicals and competitions.
2. Revisions
(A) Preliminary Work/Sketches: Artist agrees to submit only the amount of preliminary work/sketches specified during correspondence. Additional fees will be charged to Client for revisions made after such sketches and for all revisions that reflect a new direction for the assignment or new conceptual input.
(B) Finished Art: Client agrees to pay Artist an additional fee, to be negotiated separately, for changes requested to final art where Client asked Artist to proceed directly to final art. No additional fee shall be billed for changes required to bring final artwork up to original specifications or assignment description. Client agrees to offer Artist the first opportunity to make any changes to final artwork.
3. Cancellation Fees
Fifty percent (50%) of the final fee is due within 30 days of notification that for any reason the job is canceled or postponed before the final stage. One hundred percent (100%) of the total fee is due despite cancellation or postponement of the job if the art has been completed. Upon cancellation, Artist retains all rights to the art, and all original art and copies thereof must be returned, including sketches, comps, or other preliminary materials, and Client shall permanently delete all digital copies thereof.
3. Time for Payment
Payment is due within 30 days of receipt of invoice. A 1 1/2% monthly service charge will be billed for late payment.
4. Default in Payment
The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
5. Expenses
The Client shall reimburse the Illustrator for all expenses arising from the assignment.
6. Sales Tax
The Client shall be responsible for the payment of sales tax, if any such tax is due.
7. Credit Lines
On any contribution for magazine or book use, the Illustrator shall receive name credit in print. If name credit is to be given with other types of use, it must be specified during correspondence.
© (Date) Ethan Clark

8. Additional Limitations
The Illustrator and the Client may agree to additional limitations as to either the duration or geographical extent of the permitted use during correspondence.
9. Return of Artwork
The Client assumes responsibility for the return of the artwork in undamaged condition within 30 days of first reproduction. Client shall return all copies and permanently delete all digital copies of the artwork, including sketches and any other preliminary materials, within 30 days after expiration of Client’s usage rights.
10. Alterations
Alteration to artwork shall not be made without consulting the initial Illustrator, and the Illustrator shall be allowed the first option to make alterations when possible. After acceptance of artwork, if alterations are required, a payment shall be charged over the original amount.
11. Unauthorized Use
The Client will indemnify the Illustrator against all claims and expenses, including reasonable attorney’s fees, arising from uses for which no release was requested in writing or for uses exceeding the authority granted by a release or the license granted herein.
12. Warranty of Originality
The Illustrator warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained consistent with the rights granted to Client herein; that all work or portions thereof obtained through the undersigned from third parties is original and that consent to use has been obtained consistent with the rights granted to Client herein; 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 unauthorized use of the Illustrator’s product to the extent such use infringes on the rights of others.
13. 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.
14. Dispute Resolution
Any disputes in excess of $20,000 arising out of this Agreement shall be submitted to mediation in accordance with the rules of
Texas Accountants & Lawyers for the Arts (TALA). The prevailing party in any dispute resolved by litigation shall be entitled to recover its attorney's fees and costs, provided that party initiated or participated in mediation as set forth herein.