Illustration Contract Boilerplate

This is the text of the standard contract that Fireside uses for buying artwork, available for reference. While this is our starting point, individual contracts may differ, depending on the particular terms reached with each Artist.

This Agreement was last updated on January 8, 2018.

Summary

This agreement is made between Fireside Fiction Company, located at 573 Eastern Parkway, Brooklyn, NY 11216 (or ‘Fireside’), and [Artist Name], located at [Artist address], with Social Security or Tax ID number [Artist's SS number or Tax ID number] (or ‘the Artist’), for the creation of a piece of artwork (or ‘the Illustration’), to be published on the Fireside Magazine website, in print and ebook editions of Fireside Magazine, and related promotional material.

Description

The Illustration should pertain to the story [Title of the Story] by [Author Name] (‘the Story’), and should take into account any guidance articulated by the art director. The final Illustration shall be:

• the best Illustration you are capable of
• in color,
• the size should measure 5505px wide by 2625px tall, and should take into consideration the safe space defined in the template file provided,
• a PNG file, with the filename using the full title of the story followed by PNG, for ex. ‘the-full-title-of-the-story.png,’ and
• Delivered according to schedule set forth below.

Schedule

Project Milestones

• At least 3 thumbnail sketches are due to Fireside by [Due date]. Feedback is due to the Artist by [Due date].
• A refined sketch is due to Fireside by [Due date]. Feedback is due to the Artist by [Due date].
• Final delivery of illustration to Fireside, accompanied by the Artist’s invoice, is due by [Due date].

The delivery of the final files by the Artist is contingent upon payment of fee in full by Fireside.

Pause Clause

Fireside is aware of how delays may affect schedules. If a deliverable from Fireside—such as feedback, approvals, or payment—is late more than 3 business days, the project will be considered “on hold.” That means that all work stops. Once the deliverable in question is received, the project is re-activated, but it will be rescheduled based on the Artist’s current workload and availability, which Artist shall in good faith attempt and inform Fireside of. Vice versa, if Artist delays beyond the delivery date specified above, Fireside shall allow Artist to cure, within reason. Failure to cure the delay will allow Fireside to withhold any payments due to Artist.

Acceptance:

The Illustration will be considered accepted after revisions have been approved by the Artist and by Fireside.

Exclusivity:

The Artist agrees not to publish or permit others to publish the Illustration in any form prior to the Illustration’s publication in Fireside Magazine and for a period of six (6) months after the Illustration’s publication in Fireside Magazine, unless the Artist obtains Fireside’s prior written approval.

Exclusivity Exception:

The Artist reserves the right to publish the Illustration at any time after publication, on their own website, or in any other venue for self-promotional use, as part of their portfolio of work, or to enter the artwork into ‘best of’ anthologies or competitions. Wherever and whenever appropriate, Artist will reference and credit the Fireside issue and story with which it was published and appears with, along with Art Director credits.

Payment

In consideration for the rights granted by the Artist to Fireside, and the Artist’s performance of obligations under this Agreement, the Artist will receive a payment in the sum of USD $400.00, which will be paid immediately upon acceptance of the Illustration.

Fireside’s right to use the Illustration is conditioned upon receipt of payment, and upon Fireside’s compliance with the terms of this agreement.

Payment will be made via the Artist’s preferred payment method, within reason. Fireside is not responsible for fees associated with an Artist’s preferred payment method, such as bank transfer fees or PayPal fees.

Copyrights and Usage

The Artist grants to Fireside non-exclusive, non-assignable, and non-transferable worldwide rights to reproduce the Illustration on the Fireside Magazine website, in print and in ebook editions of Fireside Magazine, as a companion piece to the Story, in perpetuity.

The Artist also grants Fireside the non-exclusive, non-assignable, and non-transferable right to use the Illustration for promotional, merchandising, and marketing purposes, in perpetuity.

The Artist further grants Fireside a non-exclusive, non-assignable, and non-transferable license to archive the Illustration online and the non-exclusive right to reproduce and display the Illustration, or excerpts of the Illustration, on the Fireside Magazine website, for a period of at least thirty-six (36) months. After thirty-six (36) months, the Artist may withdraw all rights from Fireside, provided the Artist requests it via written notice.

The Artist also grants to Fireside rights to republish the Illustration in an anthology of stories that have previously appeared in Fireside Magazine, whether in print or ebook editions, in perpetuity.

Ownership all original art remains with the Artist.

Terms

Reservation of rights:

All rights not expressly granted above 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. Any use additional to that expressly granted above requires arrangement for payment of a separate fee.

Revisions:

Revisions may be made only by the Artist at the sketch stage. Additional fees will be charged for revisions made outside the scope of the schedule outlined above, after delivery of the final artwork, and for revisions reflecting a new direction to the assignment, or new conceptual input.

Cancellation and Kill Fee:

Cancellation (“kill”) fees are due based on the amount of work completed. Fifty percent (50%) of the final fee is due immediately upon 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 all rights to the art revert to the Artist and all original art must be returned, including sketches, comps, or other preliminary materials.

Representations and Warranties

The Artist represents and warrants that they are the sole Artist of the Illustration; that they are the owner of all the rights granted to Fireside hereunder and has full power to enter into this agreement and to make the grants herein contained; that the Illustration is original and any prior publication of the Illustration in whole or in part has been fully disclosed to Fireside; that the Illustration does not violate the right of privacy of any person; that, to the best of the Artist’s knowledge, it is not libelous and contains no matter which is libelous, in violation of any right of privacy, harmful to any third party so as to subject Fireside to liability or cause Fireside to engage in conduct that would be contrary to law; that it does not infringe upon any copyright, trademark, or upon any other proprietary or personal right of any person, firm, or corporation, and that the Artist is unaware of any such pending claims. The Artist agrees to promptly notify Fireside should a claim for any of the aforementioned be made against the Artist.

Original Art:

Original art remains the property of the Artist unless expressed in the agreement. Fireside is responsible for return of any physical original art in undamaged condition within 30 days of first reproduction.

Indemnification

The Artist will indemnify Fireside against any loss, injury, or damage finally sustained (including any legal costs, attorney’s fees, and expenses paid by Fireside) occasioned to Fireside in connection with or in consequence or any breach of this representation and warranty. If Artist shall breach this warranty, Fireside shall be entitled to injunctive relief in addition to all other remedies which may be available to it.

Additional Expenses

If Fireside does not provide a courier/shipping number, any shipping charges will be added to the final invoice. Fireside agrees to reimburse Artist for the following delivery, handling, shipping and related expenses, such as, Messengers; Travel; Proofs; etc. The Artist must obtain written approval from Fireside for any estimated expenses prior to making any expense or forfeit reimbursement.

Rights Reversion

If Fireside fails to publish the Illustration within 24 months of the date of this agreement, all rights granted hereunder shall immediately revert to the Artist. In such event, the Artist shall retain any payments made under this agreement prior to such reversion.

Credit and Copies

A credit line suitable to the design of the page will be used. Credit line is required independent of the Artist’s signature, which shall be included at the Artist’s discretion. The Artist will be credited as [Artist's Preferred Working Name]. The Artists is also entitled to one contributor copy of any print publication in which the Story appears.

Severability

If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and in effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

Dispute Resolution

If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association before resorting to arbitration or litigation. The jurisdiction for arbitration or litigation shall be New York.

The Dotted Line

Regardless of its place of execution, this agreement shall be interpreted under the laws of the State of New York, applicable to agreements made and to be performed therein. This Agreement is entire and all previous negotiations and understandings have merged herein, therefore this Agreement constitutes the complete understanding of the parties. No modification or waiver of any provision shall be valid unless in writing and signed by both parties.

Each party acknowledges that they have read and understood this agreement before execution. This agreement shall be considered in effect upon signing by the Artist or Artist’s agent and the publisher of Fireside.

[Artist or Artist's Agent], on behalf of [Artist Name]
Date:

Publisher, Fireside Fiction Company
Date: