John Gosler - About

 

CONTRACT TERMS & CONDITIONS

Purchase and use of illustrations and artwork from John Gosler, referred to as the Artist.
These terms and conditions replace any that were in place previously. June 17 2004

1. Reservation of rights
a) All rights not expressly granted in the contract are retained by the Artist, including any electronic rights or usage and including, but not limited to, all rights in sketches, comps or other preliminary materials. Unless otherwise stated, Client or Client's customer (where the Client is acting as intermediary) buys the right to publish the illustration(s) for one (1) time use in the United Kingdom as laid out on the face of acceptance of commission. Any use additional to that expressly granted in the contract requires arrangement for payment of a separate fee.
b) The Artist reserves the right to exploit the artwork for the purposes of self promotion. Upon notification to the Client, during the period of the licence granted, the Artist shall notify the client of any proposed exploitation of the artwork and the Client shall be entitled to make any reasonable objections if such exploitation is likely to be detrimental to the business of the Client or Client's customer.
c) The licence hereby granted to use the artwork is contingent upon the Artist having received payment in full of all monies due and no exploitation rights are granted or implied in any form whatsoever until all sums due under this agreement have been paid.

2. Revisions
The Artist submits 1 rough(s) and/or 1 sketch(es) for Client's approval based upon Client's brief. Additional fees will be charged to Client for revisions made after such sketches and for all revisions that reflect a new direction to the assignment or new conceptual input. Client agrees to pay the Illustrator an additional fee of £40.00 per hour for changes requested to final art that exceeds previous approvals. No charges will be raised for changes to bring final artwork up to original specifications or assignment description. In the case of contractual film work, all images produced shall be deemed part of an ongoing process of development and will therefore be subject to payment in full regardless of use.

3. Fees
An illustration will normally be subject to a final fee to be agreed by the Artist and Client. Ongoing contractual work shall be provided at an agreed daily rate, a day being defined as 8 hours within any 24 hour period. The artist may at his discretion extend this, but is entitled to charge additional fees for so doing.

4. Cancellation and Kill Fees
If a commission is cancelled by the Client, the Client shall pay a cancellation fee as follows:
25% of the agreed fee if the commission is cancelled before delivery of roughs.
33% the commission is cancelled at rough stage.
50% of the final fee is due within 14 days of notification that for any reason the job is cancelled or postponed before the final stage.
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 Illustrator.

5. Delivery
a) The artist shall use his best endeavours to deliver the artwork to the client by the agreed date and shall notify the Client of any anticipated delay at the first opportunity in which case the Client may (unless the delay is the fault of the Client) make time of the essence and cancel the commission without payment in the event of the Artist failing to meet the agreed date.

b) THE ARTIST SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM LATE DELIVERY OF THE ARTWORK.

c) The Client shall make an immediate objection upon delivery if the artwork is not in accordance with the brief. If such objection is not received within 14 days of delivery it shall be conclusively deemed acceptable.

6. Changes
If the Client changes the brief and requires subsequent changes to the artwork as a result, whether in the form of changes, additions or variations, the Artist may require consideration for the work. The Artist may refuse to carry out such changes, additions or variation which substantially change the nature of the commission.

7. Credits/Moral Rights
a) The Client shall ensure that the artist shall receive a credit in any use of the artwork or its derivatives. A credit line suitable to the page design or job will be used:
Illustration: John Gosler.
Background: John Gosler.
Art Director: John Gosler.
Production Designer: John Gosler.
b) The Artist hereby waives the rights to injunctive relief for breaches of the right of integrity and the right of paternity.

8. Payment
Payment for finished work is due upon acceptance, net 14 days. Client's right to use the work is conditioned upon receipt of payment within 14 days of acceptance and upon Client's compliance with the terms of this agreement. A 2% monthly charge will be billed against late payment.

9. Ownership
a) The Artist shall retain ownership of all artwork including roughs and other materials delivered to the Client. The artist's original work shall not be intentionally destroyed, damaged, altered, retouched, modified or changed in any way whatsoever without the written consent of the Artist.
b) The Client shall return all artwork to the Artist not later than 6 months after delivery in undamaged, unaltered and un-retouched condition although the Client may retain transparencies or digital files to enable the exploitation of the licence that accompanied the artwork.
c) If the artwork is lost or damaged at any time whilst in the Client's custody (which shall mean any time between delivery to the client and its safe return to the Artist) the client shall pay compensation to the Artist at a rate to be agreed or, in default of agreement, decided by the Ethics Commitee of the Association of Illustrators.
d) THE ARTIST SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM LOSS OR DAMAGE TO THE ARTWORK.

10. Warranties
a) Except where the artwork is based on reference material or visuals supplied by the Client or the Client's customer, or where otherwise agreed, the Artist warrants that the artwork is original and does not infringe any existing copyright and further warrants that the artwork has not been used elsewhere.
b) The Client warrants that all necessary permissions have been obtained for the agreed use of reference material or visuals supplied by the client ot the Client's customer and shall indemnify the Artist against any and all claims and expenses including reasonable legal fees arising from the use of any materials provided by the Client or the Client's customer.

11. Samples
In the case of printed work, the Artist shall be entitled to receive not less than 4 proofs or printed copies of the work. In the case of broadcast media the Artist shall be entitled to receive copies of work in digital form to be used in self promotion.

12. Re-distribution and Trust
Re-distribution of the work for use by third parties without written permission from the Illustrator is strictly prohibited. By keeping an electronic copy of the image file after the production
date Client certifies that it will not be misused by anyone not aware of this Agreement.

13. Changes to Image File
No changes to the image file, such as cropping or re-touching, other than basic color corrections to comply with Client's color profile standards, will be tolerated unless otherwise agreed.

14. Responsibilities
The Client agrees to indemnify and hold the Illustrator harmless against any and all claims, costs and expenses, including attorney's fees, resulting from the publication of the artwork. The editor of the publication assumes the sole responsibility upon publishing the work.

15. Miscellaneous
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.
These Terms and Conditions are governed by the Law of England and Wales and may not be varied except by agreement in writing. The parties hereto submit to the non-exclusive jurisdiction of the English and Welsh courts.


11 Dumont Road . London N16 0NR . +44 (0)20 7249 0010 . +44 (0)7810 001 921 . Contact
  • art direction
  • illustration
  • design
  • artwork
  • traditional illustration
  • digital illustration
  • airbrush work
  • digital airbrush work
  • scraperboard
  • super real
  • animation backgrounds
  • background artist
  • animation artist
  • character design
  • backgrounds for tv
  • london
  • north london
  • stoke newington
  • uk