Terms and Agreement/Licensing
GRAPHIC DESIGN CONTRACT
This contract is between _____________________ (Artist) of Breathless Design and _______________________ (Client Name) for the purpose of designing and creating artwork (Internet & Print). The Client and Editor may be referred to herein individually as a “Party” or collectively as the “Parties”. This contract is entered into in good faith and upon signature by the Parties indicates acceptance of this contract and the terms described herein.
The Client agrees to pay the Artist all sums due, which may vary over the original Artist estimate depending on complexity, and any other disbursements (i.e. image bank art graphics). The non-refundable fifty percent (50%) downpayment will be payable upon signing this Contract, with the balance of payment due within seven (7) business days of the Author approving the final Cover design. Payment will be made via PayPal, sent to Client as invoice once contract is signed. Final Cover templates will be released to the Client after receipt of final payment.
I. Third-Party Image Licenses:
In the event that Breathless Design purchases a special, third party image license for production of Client’s graphic design/artwork, Client agrees to abide by the terms and conditions of any license agreement for that image and to post required Copyright Notice, as provided by Breathless Design, in their published work. It should be assumed that all Third-Party Image Licenses purchased by Breathless Design have a maximum download cap of 500,000. If Client wishes to extend this maximum download, the CLIENT MUST PURCHASE THE STOCK IMAGERY THEMSELVES AND SUPPLY IT TO BREATHLESS DESIGN FOR USE IN COVER ART. This cost is ABOVE AND BEYOND the cost of the cover art itself.
IT IS THE CLIENT’S RESPONSIBILITY TO MAINTAIN PROPER IMAGE LICENSING FOR ANY IMAGE USED IN THE COVER ART. IF THE COVER IS DOWNLOADED GREATER THAN STIPULATED AMOUNT AND THE COVER BREACHES THE STOCK PHOTO CONTRACT, IT IS AT THE CLIENT’S LIABILITY. BREATHLESS DESIGN IS NOT RESPONSIBLE FOR ANY PENALTIES BY STOCK PHOTO COMPANIES DUE TO LICENSING INFRINGEMENT.
II. Graphic Design Service: Shall transfer his copyright of the Work to the Client upon final payment receipt.
For an ebook purchase, you will receive 72 dpi, .jpg files in the following sizes:
1400 x 2100 – for ebook sale sites/digital manuscript use only
500 x 750 – for website/internet display
300 x 450 – for blog/website display
200 x 300 – for icon/avatar use
200 x 300 – 300 dpi, .jpg file for print advertising and/or trading card use
For an ebook and print purchase, you will receive:
All files mentioned above for ebook purchase
Full print sleeve cover flat design (front cover, spine and back cover):
300 dpi .pdf file in a standard print size format, usually a 5″ x 8″ or 6″ x 9″ print book, but can vary slightly*
A white box will be placed on the back cover for ISBN information for print book covers.
(*author must supply spine width and back panel information)
Client must provide print size and printer specifications to Breathless Design.
III. Copyright notice:
a. Breathless Design retains copyright ownership of the design/image(s) after your purchase. Breathless Design requires that a full copyright notice be placed in the web or print that recognizes Breathless Design’s copyright ownership of the design and any other copyright notices or requirements relating to photographs or other images that we used when producing the design. The required information will be provided to you with delivery of the art files. Client/Purchaser assumes any and all liability for failure to comply with this requirement or for failure to supply proper Copyright Notice in the published work.
b. Buying any image(s) license from a third party website or photographer (purchasing the license(s)) does not transfer copyright ownership to you. You may not claim that a licensed image is your property. If you purchase a license for use, you may not sell, re-license for use by another, or in any way distribute the image(s) for resale to a third party.
IV. Retains the right to include the Work in his online portfolio or business promotion. If the Client does not wish to have their cover art used for marketing or display please make a request via email firstname.lastname@example.org.
VI. Agrees to treat all information about the design content as Confidential and not cause or permit such Confidential Information to be disclosed to any third party.
VII. Sales: Breathless Design does not guarantee sales nor promise financial gain of any kind.
In consideration for receiving a graphic design, Client hereby WAIVES ANY AND ALL CLAIMS AND CAUSES OF ACTION that he/she may have in the future against Breathless Design and or its predecessors, affiliates, board of directors, shareholders, partners, principals, owners, attorneys, employees, agents, representatives, successors or assigns (all of whom hereinafter are referred to as “Breathless Design Releasees”) whether known or unknown, related directly or indirectly and RELEASES THE BREATHLESS DESIGN RELEASEES from any and all liability for any loss, damage, expenses, claims, legal fees, copyright infringement charges, injury or harm, due to any cause whatsoever, that Client may suffer as a result of Client’s purchase and distribution of Book Cover/Artwork/Graphic Design. Client hereby agrees that this Waiver includes, but is not limited to, claims and/or causes of actions for breach of contract, unjust enrichment, plagiarism, discrimination, tortious interference with business expectation, negligence, gross negligence, recklessness, willful and wanton conduct, infringement or claims of infringement, trade secrets, or intellectual property infringement, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, theft, or any other causes beyond the control of Breathless Design or the Breathless Design Releasees. The Breathless Design Releasees assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of files.
Your rights extend to the 72dpi or 300dpi listed sizes listed in section (II) two, that were provided exclusively to you via digital delivery after purchase, and that are non-watermarked images. Any and all the other mock-up or graphic versions that you may have seen, or that were used in the creative process, are not for publication. This may include any and all sizes of watermarked or non-watermarked images. These additional creative images may not be saved, downloaded, displayed or distributed except in your direct dealings with Breathless Design for preliminary mock-up design(s) that are not meant for publication.
The Artist hereby represents and warrants:
I. Breathless Design is the creator of the Work. Breathless Design retains all rights to the original artwork.
Pre-Made Graphic Design: Client may receive a 100% refund of their artwork/design purchase until Breathless Design has begun to customize the cover with your content and information such as: Name, Title, Tag Line, Size, Formatting, etc…. Once the cover has been altered, or if you have received files for proofing, the purchase is final and no refunds will be given.
Custom Graphic Design: Client may receive a 100% refund of their custom graphic design purchase until initial design work has begun. Once initial design work has begun on a mockup cover, the Custom Design Service fee (50% downpayment) is non-refundable. If Client wishes to cancel under either of the above circumstances, Client must send a written request by email to email@example.com. Once a sample cover has been sent to client for review, no cancellations or refunds will be provided.
If the contract is cancelled, Client agrees to destroy all samples or completed work sent to the Client by Breathless Design.
III. Your exclusive right is for the graphic design as-is. You are not allowed to make modifications or changes of any kind to the artwork. “Changes” include, but are not limited to, changing the author name, the title, adjusting or re-sizing imagery, cutting and/or pasting images or text, stretching, color modifications. Any and all modifications to the artwork must be done by Breathless Design. Once final artwork has been delivered, Breathless Design will assess a $50 hourly rate for requested cover modification(s).
IV. The Work does not contain any unlawful material.
Once purchased, Breathless Design hereby grants the Client exclusive right to use the pre-made or custom artwork/graphic design purchased.
In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the Parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.
The terms of this agreement shall be interpreted according to the laws and legal jurisdiction of the State of Colorado, USA.
The Artist and Client have executed this contract on the day and year below, to be effective immediately if the dates are the same, or on the date of the later signature if the dates are not the same.