début art. Photographers, Illustrators & Fine Artists Agents. 30 Tottenham Street, London.W1T 4RJ.
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1. This is an Agreement between the Artist and the Client which incorporates the terms detailed overleaf. The artist's duly authorized agent is début art.
2. All and any fees detailed overleaf will be negotiated by début art for and on behalf of the Artist. Any and all payments detailed overleaf should be made to début art whose receipt shall be a full and sufficient discharge to the Client.
3. The reference to Artwork shall include roughs, the final artwork (and any revisions thereto), photographic materials and any electronic storage materials which are delivered to the client.
4. Save for the grant of the reproduction rights detailed overleaf, the Artist retains ownership of copyright and all other rights in the Artwork and is entitled to license or otherwise grant rights to third parties in respect of the Artwork. The client hereby accepts and acknowledges that if it requires any rights in addition to those granted overleaf, it must seek express permission and negotiate an appropriate license fee.
5. The Client shall not make any alteration to the Artwork unless agreed in writing by début art. Any loss, damage or alteration to the Artwork while in the possession of the Client or any representative of the Client will be charged for at a fee not less than the total agreed production and license fee. It is agreed that the Artwork will be returned to début art within three months of the date of invoice.
6. Ownership of copyright is not affected by purchase of the Artwork. The Client is granted a license to reproduce the Artwork solely for the purposes detailed overleaf.
7. Full payment will be made to début art within thirty days from the date of invoice. Failing which début art will be entitled to charge the Client a premium of two per cent above the prime rate charged by the Artist's bank. The reproduction rights granted overleaf will be retained by the Artist until full payment has been received by début art.
8. Upon payment of a further agreed fee the reproduction rights/license may be extended to allow for the Artwork to be used for other purposes, in accordance with the guidelines agreed with the Society of Artists Agents. The license is only granted upon payment in full of the fee specified.
9. The license granted is exclusive to the client named overleaf and the named client is responsible for the payment of reproduction fees. The license may not be sublicensed to a third party.
10. The Artist retains the right to use the artwork for self-promotional purposes and to credit the image(s) as he/she desires.
11. The Artist can only adhere to deadlines agreed if there is no delay in the approval of roughs or in the supply of any reference material. The Artist shall not be held responsible for any consequential loss from the late delivery of Artwork. All courier fees relating to the job shall be paid by the Client.
12. If the commission is cancelled the fees detailed will be payable:
25% of the agreed fee plus any expense items incurred if cancelled prior to delivery of roughs.
33% of the agreed fees plus any expense items incurred if cancelled by the Client after delivery of roughs.
100% of the agreed fee plus any expenses incurred if cancelled by the Client on delivery of the finished Artwork.
13. If the finished Artwork is rejected by the Client the fees detailed will be payable: 33% if rejected at the rough stage. If a rough has not been requested prior to Artwork then 75% of the agreed fee plus any expense items incurred if rejected on completion.
If the Artist has correctly followed the brief and the work is consistent with that of the Artist's portfolio and with that shown to the Client, then the full fee is payable. The Client has no right to reject the work on the basis of style or composition. Under no circumstances can there be a reduction in the agreed fee if the Client uses the Artwork for the purposes detailed overleaf.
14. Any objections to the finished Artwork must be conveyed within seven days of delivery, after which it shall be conclusively presumed that the Artwork has been accepted. If a delay of longer than seven days occurs before any briefing for amendments, the illustrator shall have the right to refuse to execute those amendments where they interfere with subsequent commissions. In this case no reduction in fee will be allowed.
15. If a verbal estimate is requested prior to receiving full details of the commission it should be understood that this is in no way binding and may differ after the Artist has received the complete brief.
16. The Client hereby indemnifies both the Artist and début art against any and all liability, reasonable expenses, losses, damages or claims which may be suffered or incurred as a result of each and every claim by any third party for infringement of copyright or moral right (as set out in the Copyright, Designs and Patents Act 1988) arising from the creation and/or publication of the Artwork or any modification thereof and for the avoidance of doubt this includes any items or element comprising the Artwork which was originated or sourced by the Artist, the Client or a third party.
17. The Client will supply six proofs or printed copies of the printed Artwork.
18. If the Artwork is delivered in an electronic storage format the Artist retains the right to supply the Artwork in either RGB or CMYK format, unless otherwise agreed in writing with the Client. The Artist retains the right to charge a supplementary production fee to convert the Artwork from RGB to CMYK format.
19. These terms and conditions shall be construed under and governed by the laws of England and Wales.

PLEASE PROVIDE WRITTEN NOTIFICATION WITHIN 48 HOURS OF RECEIPT OF THIS DOCUMENT IF ANY OF THE TERMS AND CONDITIONS DETAILED HEREIN ARE NOT ACCEPTABLE, FAILING WHICH THEY SHALL BE BINDING ON THE CLIENT.