BOOK COVER AND/OR PROMOTIONAL TRAILER DESIGN CONTRACT
This contract is between ____________ of _________________ (“Artist”) and ____________ (“Author, Client”) for the purpose of designing and creating a book cover (eBook & Print) (“Work” or “Book”) or book promotional trailer (video) (“Work”, “Trailer”, or “Video”). The Client and Editor may be referred to herein individually as a “Party” or collectively as the “Parties”. This contract is entered into in good faith and upon signature by the Parties indicates acceptance of this contract and the terms described herein.
The Client agrees to pay the Artist all sums due, which may vary over the original Artist estimate depending on complexity, and any other disbursements (i.e. image bank art graphics). Fifty percent (50%) will be payable upon signing this Contract, with the balance of payment due within seven (7) business days of the Author approving the final Cover design. Payment will be made via PayPal. Final Cover/Trailer will be released to the Client after receipt of final payment.
i. Declares he has obtained all proper rights or licenses for all images used in creation of the Work.
ii. Shall transfer his copyright of the Work to the Client upon final payment receipt.
iii. Retains the right to include the Work in his online portfolio or business promotion.
iv. Acknowledges he does not own or have right or title to the Book containing the Work, nor to receive any royalties on Book(s) sold, or derivative works containing the Work.
v. Agrees to treat all information about the Book’s content as Confidential and not cause or permit such Confidential Information to be disclosed to any third party, until the book is published online by the Author.
The Artist hereby represents and warrants:
i. He is the creator of the Work.
ii. The Work does not infringe any copyright, privacy rights, or legal rights of a third party.
iii. The Work does not contain any unlawful material.
i. Declares that he/she has read the FAQ and is in complete understanding regarding copyright and other issues raised in the FAQ.
ii. Shall proofread and inspect all materials released to them, notifying The Artist of any misspellings or other errors in the final work. Artist will fix any errors without cost to Client.
iii. If providing materials for the Artist to use on the cover and/or in the book trailer, Client must show valid ownership of said materials. If valid ownership cannot be proven or is disproven by the Artist, said materials shall not be used.
In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the Parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.
The terms of this agreement shall be interpreted according to the laws and legal jurisdiction of the State of Florida, USA.
Client printed name: _____________________
Artist printed name: _____________________
The Artist and Client have executed this contract on the day and year below, to be effective immediately if the dates are the same, or on the date of the later signature if the dates are not the same.