Creative Services Concept Art Contract

Creative Services Concept Art Contract

This Creative Services Concept Art Contract (the Agreement) is entered into as of by and between Client Name: with Address: and Artist Name: with Address: .

RECITALS (WHEREAS)

WHEREAS, Client desires to engage Artist to develop concept art, sketches, and related creative assets for the project entitled "" (Project);

WHEREAS, Artist represents that Artist has the skill, expertise, and capacity to produce the concept art deliverables described herein and is willing to perform such services under the terms of this Agreement; and

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows.

1. SCOPE OF WORK

Acceptance Criteria: Final deliverables will be deemed accepted when Client provides written approval or fails to provide written change requests within calendar days of receipt.

2. PAYMENT TERMS

Deposit Amount (due upon execution):    Final Payment Due:

Late Payment: Unpaid amounts will incur interest at per month (or the maximum permitted by law) plus a late fee of .

3. TERM AND TERMINATION

Term Commencement Date:    Termination Date (if applicable):

Either party may terminate this Agreement for convenience upon written notice to the other party delivered at least days prior to termination. In the event of material breach, the non-breaching party may terminate if the breach is not cured within days after written notice.

Upon termination, Client will pay Artist for all work performed and approved expenses incurred through the effective termination date, and Artist will deliver all completed work for which payment has been made.

4. CONFIDENTIALITY

Each party agrees to hold the other party's Confidential Information in strict confidence and not to disclose or use it except as necessary to perform under this Agreement. Confidential Information means non-public information disclosed in any form that is designated confidential or that reasonably should be understood to be confidential. Confidentiality obligations survive termination for a period of three (3) years, except that trade secrets shall be protected for as long as they remain trade secrets under applicable law.

5. INTELLECTUAL PROPERTY AND LICENSES

Copyright Ownership: Unless otherwise agreed in writing below, Artist retains all right, title and interest in and to the underlying copyright in the Concept Art. Upon receipt of full payment, Artist grants Client a non-exclusive, worldwide, perpetual license to use the final deliverables for the purposes agreed in the Scope of Work. Any use beyond the agreed scope requires additional compensation and written consent.

If Client requires an assignment of copyright, check to indicate assignment and specify consideration and scope below: Assignment of Copyright

6. REVISIONS

Number of included rounds of revisions:    Additional revisions are billed at per hour.

7. REPRESENTATIONS, WARRANTIES, AND DISCLAIMER

Artist represents that Artist will perform services in a professional manner consistent with industry standards. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, ARTIST DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. INDEMNIFICATION

Each party shall indemnify, defend and hold harmless the other party from and against any third-party claims arising from that party's breach of this Agreement, negligence, or willful misconduct. The indemnifying party's obligations are subject to the indemnified party providing prompt written notice of any claim and reasonable cooperation in the defense.

9. LIMITATION OF LIABILITY

Except for indemnification obligations or breaches of confidentiality, neither party shall be liable for consequential, incidental, special, or punitive damages. Each party's aggregate liability for claims arising under this Agreement shall not exceed the total fees paid by Client to Artist under this Agreement in the twelve (12) months preceding the claim.

10. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles. Venue for any dispute shall be in the state or federal courts located in that jurisdiction.

11. ENTIRE AGREEMENT

This Agreement, including all exhibits and attachments referenced herein, constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral. Any amendment or modification must be in writing and signed by both parties.

12. MISCELLANEOUS

Independent Contractor: Artist is an independent contractor. Nothing in this Agreement creates an employment, partnership, joint venture, or agency relationship between Client and Artist.

Notices: All notices must be in writing and delivered to the addresses set forth above or to such other address as either party may designate in writing.

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