BRANCHED OFF
Terms & Conditions
1) Reservation of Rights: All rights not expressly granted in writing are retained by the Artist (Jon May / Branched Off), including any electronic rights or usage, and including, but not limited to, all rights in sketches, assets, source files, comps, or other preliminary materials. Any use additional to that expressly granted herein requires arrangement for payment of a separate fee.
2) Revisions: Additional fees will be charged for revisions made after the final/completed art or project has been created, and for revisions reflecting a new direction to the assignment, or new conceptual input.
3) Cancellation and Kill Fees: Both parties understand that Client or Artist may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation, Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Artist. Should Client cancel the project following its completion, Client is responsible for full payment as per the agreed upon estimate plus all expenses incurred. In the event of cancellation, Artist retains ownership of all copyrights and original work created. Cancellation (“kill”) fees are to be paid within net thirty (30) days.
4) Payment: Payment for finished work is due upon acceptance, net thirty (30) days. The Client’s right to use the work is conditional upon receipt of payment within thirty days of acceptance, and upon Client’s compliance with the terms of this agreement. A two percent (2%) monthly service charge will be billed against late payment.
5) Original Art: Original art remains the property of the Artist unless expressed in the agreement. Client is responsible for return of original art in undamaged condition within thirty (30) days of first reproduction.
6) Acceptance of Work: Upon acceptance of the Work, Client accepts responsibility for any
further processes in which this work is used (e.g. film outpost, printing, etc.) Artist is not responsible for errors occurring in this work or projects related to this work after acceptance of the Work by the Client.
7) Permissions and Releases: The Client agrees to indemnify and hold the Artist harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.
8) Source Files and Assets: Artist retains all rights to Source Files and Assets. They are not included as part of art/projects and will not be given to Client unless expressly granted in writing and signed by both parties.
9) Miscellany: 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, except that the Client may authorize expenses or revisions orally. No terms attached to any check for payment under this Agreement can modify the Agreement except under an independent instrument in writing signed by both parties. Any dispute regarding this agreement shall be arbitrated in [Ventura, CA] under the rules of the American Arbitration Association and the laws of California. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Agreement shall be governed by the laws of the State of California and courts of such state shall have exclusive jurisdiction and venue.