1. The copyright in artwork commissioned by the Client shall be
retained by the Illustrator.

2. The Client or the Client's customer (where the Client is acting as an
intermediary) is granted a licence to reproduce the artwork
solely for the purposes set out on the face of this acceptance of
commission. If the acceptance of commission is silent, the Client or
the Client's customer is granted an exclusive licence for one time use
in the United Kingdom only.

3. During the currency of the licence the Illustrator shall notify the Client
of any proposed exploitation of the artwork for purposes other than
self-promotion and the Client shall have the right to make reasonable
objections if such exploitation is likely to be detrimental to the business
of the Client or the Client's customer.

4. Where use of the artwork is restricted, the Illustrator will nominally
grantthe Client or the Client's customer a licence for use for other
purposes subject to payment of a further fee in line with current
licensing rates to be mutually agreed between the Illustrator and Client.

5. The licence hereby granted to use the artwork is contingent upon the
Illustrator having received payment in full of all monies due to her/him
and no reproduction or publication rights are granted unless and until
all sums due under this Agreement have been paid.

6. The licence hereby granted is personal to the Client or the Client's
customer (where the Client is acting as an intermediary) and the rights
may not be assigned or sub-licensed to third parties without the
Illustrator's consent.

PAYMENT
7. The client shall pay all invoices within 30 days of receipt. Interest
at a rate of 2% per month is payable on any balance unpaid after 30
days of the date of invoice.

CANCELLATION
8. If a commission is cancelled by the Client, the Client shall pay a
cancellation fee as follows:

(i) 25% of the agreed fee if the commission is cancelled before delivery
of roughs;
(ii) 33% of the agreed fee if the commission is cancelled at the
rough stage:
(iii) 100% of the agreed fee if the commission is cancelled on the
delivery of artwork;
(iv) pro rata if the commission is cancelled at an intermediate stage.

9. In the event of cancellation, ownership of all rights granted under this
Agreement shall revert to the Illustrator unless the artwork is based on
the Client's visual or otherwise agreed.

DELIVERY
10. The Illustrator shall use her/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 Illustrator falling to meet the agreed date.

11. THE ILLUSTRATOR SHALL NOT BE LIABLE FOR ANY
CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM LATE
DELIVERY OF THE ARTWORK.

12. 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 by the Illustrator within 21 days of delivery of artwork it
shall be conclusively presumed that the artwork is acceptable.

APPROVAL/REJECTION
13. Should the artwork fail to satisfy, the Client may reject the artwork
upon payment of a rejection fee as follows:
(i) 25% of the agreed fee if the artwork is rejected at the rough stage:
(ii) 50% of the agreed fee if the artwork is rejected on delivery.

14. In the event of rejection, ownership of all rights granted under this
Agreement shall revert to the Illustrator unless the artwork is based on
the Client's visual or otherwise agreed.

CHANGES
15 . If the Client changes the brief and requires subsequent changes,
additions or variations, the Illustrator may require additional
consideration for such work. The Illustrator may refuse to carry out
changes, additions or variations which substantially change the nature
of the commission.

WARRANTIES
16. Except where artwork is based on reference material or visuals
supplied by the Client or where otherwise agreed, the Illustrator
warrants that the artwork is original and does not infringe any
existing copyright and further warrants that she/he has not used
the artwork elsewhere.

17. The Client warrants that any necessary permissions have been
obtained for the agreed use of reference material or visuals supplied
by the Client or its customer and shall indemnify the Illustrator
against any and all claims and expenses including reasonable legal
fees arising from the Illustrator's use of any materials provided by
the Client or its customer.

OWNERSHIP OF ARTWORK
18. The Illustrator shall retain ownership of all artwork (including
roughs and other materials) delivered to the Client.

19. The Illustrator's original artwork shall not be intentionally destroyed,
damaged, altered, retouched, modified or changed in any way
whatsoever without the consent of the Illustrator.

20. The Client shall return all artwork to the Illustrator not later than
6 months after delivery in undamaged, unaltered and unretouched
condition although the Client may make and retain transparencies to
enable it to exploit the rights granted with the artwork.

21. If the artwork is lost or damaged at any time whilst in the Client's
custody (which shall mean any time between delivery of artwork to the
Client and its safe return to the Illustrator) the Client shall pay
compensation to the Illustrator for the loss/damage of the artwork at a
rate to be agreed or, in default of agreement, decided by the
Ethics Committee of the Association of Illustrators.

22. THE CLIENT SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL
LOSS OR DAMAGES ARISING FROM LOSS OR DAMAGE TO THE
ARTWORK.

CREDITS/MORAL RIGHTS
23. The Client shall ensure the Illustrator is credited in any editorial use
of the artwork. Credits for non-editorial use are not required unless so
indicated on the front of the form.

24. The Illustrator hereby waives the right to injunctive relief for
breaches of the right of integrity and the right of paternity.

SAMPLES
25. Unless otherwise agreed, the Illustrator shall be entitled to receive
at least four proofs or printed copies of the work.

NOTICES
26. All notices shall be sent to the illustrator and to the client at the
addresses stated in this agreement. Each party shall give written
notification of any change of address to the other party prior to any
such change.

GOVERNING LAW
27. 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 Courts.