Example artist contract
Heres an example of an artist contract. Its a blanket contract to cover a series of pieceworks. It was intended to be a simple contract but ended up being 4 A4 pages. This contract specifies what both the contractor and the customer are supposed to do. The only change I would mek is to specify what happens if the customer doesn't keep to his 3 days approval time.
I found contract monitor very useful. Its written with illustrators in mind but a lot of the advice stands for Game Art contractors.
This Agreement is made this Date, between Contractor, having his principal place of business at Contractors Address, and Customer having their principal place of business at Customers Address. In consideration of Customer retaining Contractor to conduct an independent service for Customer it is agreed as follows:
Compensation and Terms
Unless otherwise agreed, this Agreement shall apply to all Character Models created by Contractor for the game known as â€œThe Gameâ€ for Customer. Customer hereby retains Contractor and Contractor hereby agrees to perform the following services:
Contractor will perform the following jobs for each Character Model: Complete a single pencil drawn concept drawing of the Character Model. Complete construction of the Character model mesh and two additional LOD Meshes in .MAX format at the resolutions of: o Up to 3000 triangles maximum (High resolution mesh) o Up to 1200 triangles maximum (Medium resolution mesh) o Up to 600 triangles maximum (Low resolution mesh) UVW map the Character model LOD meshes to use the same texture set. Complete a single diffuse texture set (4 channels) for the Character Model. A texture set shall comprise of one or more texture pages. Each texture page shall be a minimum of 512x512, and a maximum of 1024x1024 - BMP format.
Contractor will begin the development of the Character model upon the completion of this contract and the Character Model Project form. For the second and subsequent Character Model/s Customer will also pay Contractor a downpayment of 25% of agreed fee before development of the Character Model begins.
The Character Model will be completed within three weeks of Contractor having received the necessary Character Model Project form and for the second and subsequent Character Models, Contractor having received a down payment of 25% of agreed fee for the Character Model.
Contractor will not be held responsible for production delays resulting from technical problems, or client delays.
Approval Process and Revisions
Customer shall be responsible for making additional payments for changes requested by Customer in the Character Model. No additional payment shall be made for reasonable changes required to conform to the original Character Model description. Images of the Character Model shall be submitted to Customer for their approval at the following times. Approval or revisions should be returned to Contractor within 3 working days: 1. Completion of Character Model concept drawing. 2. Completion of Character Model high-resolution mesh. 3. Completion of Character Model texture set. 4. Completion of Character Model medium and low-resolution meshes.
Upon final approval of the Character Model, Customer will pay Contractor 100% of agreed fee less any down payment for the Character Model within 30 days. Contractor will then release the Character Model .MAX (mesh) and .BMP (texture) files to Customer within 24 hours of payment clearing. Contractor shall retain ownership of all original artwork.
Upon cancellation of the Character Model, Customer will pay Contractor according to the following schedule less any down payment for the Character Model within 7 days.
Contractor will then release the Character Model .MAX (mesh) and .BMP (texture) files to Customer within 24 hours of payment clearing. Customer is assigned the rights as set out in this agreement. Contractor shall retain ownership of all original artwork
Cancellation Fee Schedule
Completion of Character Model concept drawing 12.5% of agreed fee Completion of Character Model high resolution mesh 50% of agreed fee Completion of Character Model texture set 100% of agreed fee.
Upon Rejection of the Character Model, Customer will pay Contractor according to the following schedule for any approved work less any down payment for the Character Model within 7 days.
In the case of rejection of the Character Model Contractor retains all right, title and interest in and to the Character Model. Contractor shall retain ownership of all original artwork.
Rejection Fee Schedule
Approval of Character Model concept drawing 12.5% of agreed fee Approval of Character Model high resolution mesh 50% of agreed fee Approval of Character Model texture set 100% of agreed fee.
Intellectual Property Rights
It is expressly understood and agreed that, Contractor assigns all right, title, and interest in and to the work product to Customer except for the following:
Contractor asserts his Moral right to be identified as the author of the Character Model. Identification shall be given as follows â€œContractor - Artistâ€ Contractor will be offered first option to create any derivative works of the Character Model. Contractor may continue to use the Character Model in his portfolio.
Contractor Warrants to the best of his ability that the Character Model is original, not previously published, will not infringe or violate the copyright of any person or party whatsoever, and that the work is not defamatory or otherwise unlawful in any respect.
This Agreement creates a confidential relationship between Contractor and Customer. Information concerning Contractorâ€™s and/or Customerâ€™ business affairs, vendors, finances, properties, methods of operation, computer programs, employees, documentation, and other such information whether written, oral, or otherwise, is confidential in nature. Contractor, Customer and employees of both will adhere fully to this confidentiality agreement.
This agreement shall be binding upon the heirs and assigns of the parties and shall be governed by and interpreted according to the laws of England and Wales.
This agreement represents the full understanding between Contractor and Customer and there is no other agreement, oral or written, between them, and that this agreement may not be modified without an agreement in writing signed by the party to be charged. This contract is in effect until written notification of termination from either party.
All notices or other documents under this agreement shall be in writing and delivered personally or fax received, or mailed by recorded delivery, postage prepaid, addressed to Contractor and Customer at their last known addresses.
Single Points of Contact
Contractorâ€™s single point of contact will be Contractor (email@example.com). Customer single point of contact will be Contact (firstname.lastname@example.org). All correspondence concerning the project will be handled between Contractor and Contact. All correspondence sent from other employeeâ€™s of the companies will be ignored and forwarded to the respective single point of contact. In the event that either Contractor or Contact are no longer with their respective companyâ€™s a new single point of contact will be assigned in writing immediately.
Both Contractor and Customer agree to non-competition regarding their respective customers. Neither company will attempt to take any customers from the other company for any reason whatsoever. Any client information will be kept confidential between the companies and will be used for the sole purpose of performing the contractual services as herein defined in this document.
ACCEPTED AND AGREED:
Contractor Customer BY: BY:
(Print Name) (Print Name)