STD Storybooksong NDA
STD Storybooksong NDA
STD Storybooksong NDA
Scope
WRITER has prepared one manuscripts with a tentative title of Good News
Tommy (Title of the book). Pursuant to the terms and conditions herein
ILLUSTRATOR shall prepare certain Materials to be incorporated in the work.
The manuscript of the book shall be delivered to the ILLUSTRATOR no later than
June 12, 2016. The Materials contracted for herein shall be completed by the
ILLUSTRATOR no later than June 30, 2016 provided that if the manuscript is
delayed in delivery, that the date for delivery shall be adjusted accordingly.
Terms
Copyright Usage.
ILLUSTRATOR/ARTIST and WRITER acknowledge that WRITER shall at
all times retain the copyright to the Artwork.
Licensing.
ILLUSTRATOR/ARTIST hereby grants to WRITER a permanent
license to use the Artwork in accordance with the paragraph above
entitled Copyright Usage. ILLUSTRATOR/ARTIST may not issue a
license for the Artwork to any other entity without express written
consent of the WRITER. WRITER does not have the license to use the
material in any way not specified, and must negotiate that license with
the ILLUSTRATOR/ARTIST separately. License is granted when
ILLUSTRATOR/ARTIST is paid in full.
Compensation.
WRITER agrees to pay ILLUSTRATOR/ARTIST the sum of $450. Upon
the acceptance by WRITER of the final version of the last image required
for the project, the project shall be deemed completed and WRITER
agrees to pay ILLUSTRATOR/ARTIST the sum of $450.
Royalties.
ILLUSTRATOR/ARTIST will receive no royalties.
Revisions.
WRITER will pay ILLUSTRATOR/ARTIST
A flat fee of $450, which includes up to unlimited rounds of revisions till the
WRITER, is satisfied with work, provided that such revisions do not
exceed the Scope of Work above
WRITER agrees to pay ILLUSTRATOR/ARTIST an additional fee, to be
negotiated separately, for changes requested to final Artwork where
WRITER asked ILLUSTRATOR/ARTIST to proceed directly to final
Artwork. No additional fee shall be billed for changes required to bring final
Artwork up to original specifications or assignment description.
Cancellation Fees.
Cancellation fees are due based on the amount of work completed. 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 state. One
Hundred Percent (100%) of the total fee is due despite cancellation or
postponement of the job if the Artwork has been completed. Upon
cancellation or kill, all rights of the art revert to the
ILLUSTRATOR/ARTIST, and all original art must be returned, including
sketches, comps, or other preliminary materials.
Payment.
Payment for finished work is due upon acceptance, net 30 days. The
WRITERs right to use the work is conditioned upon receipt of payment
within 30 days of acceptance and upon WRITERs compliance with the
terms of this agreement.
LIMITED WARRANTY
ILLUSTRATOR/ARTIST warrants that no obligation to a Third Party
prohibits ILLUSTRATOR/ARTIST from entering into this Agreement, and
that to ILLUSTRATOR/ARTISTs knowledge work produced under this
Agreement will not violate the intellectual property rights of any Third
Party.
ILLUSTRATOR/ARTIST hereto warrants and represents to the WRITER
that any material written or provided by him or her in connection with the
Work is not in any way a violation of a copyright or common law or right of
privacy and that it contains nothing of a derogatory or illegal character,
and ILLUSTRATOR/ARTIST agrees to indemnify and hold the WRITER
harmless against any loss or damage arising out of a breach of any of the
foregoing warranties and representations described in this clause.
COMMUNICATION
LIMITATION OF LIABILITY
Unless a result of gross negligence or willful misconduct, the liability of
either party to the other for any type of damages shall be limited to the
amount of ILLUSTRATOR/ARTISTs total fees under this Agreement.
Each Party shall endeavor to keep the other informed of any change of
contact information regarding this Agreement, but failure to do so, or in a
timely manner, shall not affect the terms of this Agreement.
TERMINATION
If either party materially breaches this agreement, the non-breaching party
may terminate the agreement only by providing written notice of the
breach to the breaching party. The breaching party shall have 5 days to
cure the breach after receiving such notice. If the breaching party fails to
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cure the breach in that time, the agreement shall terminate except with
respect to those obligations that are noted herein as surviving termination.
Upon termination, any license WRITER has in the work is immediately
revoked.