AoC Work Agreement
Working as an independent artist and designer for nearly two decades, I have created artwork for a wide variety of clients and take pride in the quality and manner that I approach every project. It’s very rare I encounter problems in my work but in order to keep things running smoothly and manage expectations I have created this general Work Agreement.
The points below are my standard conditions for working (“The Agreement”); I By hiring me (“The Designer”) to undertake work, you (“The Client”) indicate that you have read, understood and agree to these terms.
1. CREATIVE PROCESS & APPROVAL
1.1 – The Client shall provide appropriate information relevant to the project; this includes (but is not limited to) intended usage requirements, dimensions, file format requirements, printing & colour spec, etc.
1.2 – Typical projects are broken down into three stages: (1) Presentation of initial concepts / sketches; (2) Second round development; (3) Final files delivered to requested spec.
1.3 – Approval at each stage signifies the Client’s acceptance of the creative direction. Changes to the approved direction at a later stage may incur additional fees.
2. PAYMENT
2.1 – Typical projects require 50% of the fee upfront with the remaining 50% due on delivery of final approved artwork.
2.2 – Where work is to be charged by the Designer’s time, the rates are: £50 per hour; £175 per half-day; and £350 per full day.
2.3 – Project quotations are unique to specific scope and requirements agreed at project start; changes to scope, requirements, usage, etc. made during the project (or revisions not due to the fault of the Designer) may incur additional fees.
2.4 – Payment is due on receipt of invoice. Longer payment terms must be stated and agreed at project start.
2.5 – Bank transfer to a UK account is the preferred payment method.
2.6 – A 2% monthly service charge may be incurred for late payment.
2.7 – The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
2.8 – Cancellation & Kill Fee
If the Client cancels the Project:
(a) Before concept sketches are submitted: Any Deposit is forfeited; no additional fees owed;
(b) After concept sketches but before final artwork: 50% of the total Project Fee is owed;
(c) After final artwork is substantially complete: 100% of the total Project Fee is owed.
Upon cancellation, the Designer retains all rights to the work created and may repurpose it for other projects.
3. USAGE RIGHTS & ALTERATIONS
3.1 – Upon full payment, the Designer grants the Client the license to use the final artwork as defined and agreed by both parties [eg: [book cover, editorial publication, product packaging, digital advertising, website, social media, merchandise, etc.]
3.2 – This agreement may also specify Territory, Duration, and Exclusivity.
3.3 – Any use beyond the scope of this license requires a separate written agreement and additional licensing fees.
3.4 – The Client shall not modify, crop, distort, or recolour the artwork without the Designer’s prior written consent, except as specifically authorised.
3.5 – Licenses are for the final artwork only and do not include any usage rights for early drafts or initial concepts/sketches.
3.6 – The Client will indemnify the Designer against all claims and expenses, including reasonable solicitor’s fees, arising from uses for which no license was granted.
4. COPYRIGHT & OWNERSHIP
4.1 – The Designer retains copyright ownership of the artwork and all preliminary sketches, concepts, and drafts.
4.2 – Working Files, or ‘layered files’, remain the intellectual property of the Designer.
4.3 – The Client may request a ‘FULL RIGHTS BUYOUT.’ Upon full payment of agreed ‘Full Assignment Fee’, the Designer assigns all copyright and intellectual property rights of the final artwork to the Client. The Designer retains the right to be identified as the designer of the work and the right to display the work in their portfolio.
5. A.I., LLMs & IMAGE GENERATION TOOLS
Due to its ethical and environmental impacts, use of A.I. and Image Generative technology is considered contrary to the ethos, approach and values of the Designer. Additionally, there is potential reputational damage from any association with projects using this technology; therefore:
5.1 – The Client shall not upload, train, feed, or otherwise share the artwork (in any form, whether draft or final) with any Large Language Model or A.I. Image Generation Platform or Tool.
5.2 – The Client shall notify the Designer in advance where LLMs or A.I. image generation tools are used in any other aspects of the project where association could cause reputational damage.
5.3 – The Designer warrants and represents that the artwork is “human made” and that no A.I. image generative tools are used in its production.
6. CREDIT AND PORTFOLIO USE
6.1 – On any contribution for magazine or book use (either online or in print), the Designer shall be appropriately credited (e.g. “cover illustration by Graham Pilling” or “cover illustration by Graham Pilling / Army of Cats Creative Studio”)
6.2 – The Designer retains the right to display the artwork in their portfolio, website, social media, industry publications, and exhibitions, regardless of the licensing or copyright terms.
6.3 – If the Client requires confidentiality before a public launch, the Designer shall delay sharing the artwork until the Client’s public release date.
7. WARRANTY OF ORIGINALITY & CONFIDENTIALITY
7.1 – The Designer represents that the artwork will be original and will not infringe the intellectual property rights of any third party.
7.2 – The Client represents that all reference materials and content provided to the Illustrator do not infringe third-party rights.
7.3 – The Designer shall keep confidential all non-public information provided by the Client, including product details, marketing plans, and business strategies.
8. LIMITATIONS OF LIABILITY
8.1 – The Designer’s total liability shall not exceed the total Project Fee paid by the Client.
8.2 – Neither Party shall be liable for indirect, consequential, or incidental damages.
9. ACCEPTANCE OF TERMS
By hiring the Designer to provide the agreed work the Client acknowledges acceptance of these terms.
