1. Reservation of Rights: Client has the right to use their art in any way they choose for an unlimited amount of time. Full rights are transferred to the client upon full payment of design. However, Crystal Clear Art still retains the right to use the artwork created for their own needs. (such as marketing pieces and their portfolio)
2. Revisions: Additional fees will be charged for revisions made after the agreed upon quote is surpassed or for revisions reflecting a new direction to the assignment, or new conceptual input. Crystal Clear Art will notify the client either by phone or email prior to charging these additional fees.
3. Cancellation and Kill Fees: Cancellation (“kill”) 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 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 or kill all rights to the art revert to the Artist and all original art must be returned, including sketches,
comps, or other preliminary materials.
4. Payment: Payment for finished work is due upon acceptance, net thirty (30) days. The Client’s right to use the work is conditioned upon receipt of payment within thirty days of acceptance, and upon Client’s compliance with the terms of this agreement. A two percent (2%) monthly service charge will be billed against late payment.
5. Original Art: Original art such as sketches, painting and other physical creations of a non digital nature remains the property of the Artist unless expressed in the agreement. Client is responsible for return of original art in undamaged condition within thirty (30) days of first reproduction.
6. Additional Expenses: If Client does not provide a courier/shipping number, shipping charges will be added to the final invoice if any shipping is needed. Client agrees to reimburse Artist for the following expenses: Messengers $45; Travel $45; Telephone $0; CD/DVD $25.
7. Permissions and Releases: The Client agrees to indentify and hold the Artist harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.
8. Miscellany: This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding of the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally. No terms attached to any check for payment under this Agreement can modify the Agreement except under an independent instrument in writing signed by both parties. Any dispute regarding this agreement shall be arbitrated in Eustis, Florida under the rules of the American Arbitration Association and the laws ofFlorida. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Agreement shall be governed by the laws of the State of Florida and courts of such state shall have exclusive jurisdiction and venue.