FATES WORSE THAN DEATH ART CONTRACT

 

This agreement, made as of this ________ day of ______, in the year ______ is between Brian King, owner of Vajra Enterprises with its principle office at 2312 P St. #5 Sacramento CA 95816 (hereinafter called "Vajra Enterprises" or “party”) and ___________________, an independent Artist residing at ___________________ (hereinafter called "Artist" or “party”).

 

Since Vajra Enterprises currently desires a piece of art with qualities including but not limited to the following description: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ (hereinafter known as "the artwork requirements") at a price of ____________ (hereinafter called "the agreed-upon price of the artwork");

 

 

NOW THEREFORE IT IS AGREED AS FOLLOWS

 

Steps to Completion

 

[The purpose of this section is to establish a timeline of the duties of Vajra Enterprises and the Artist.]

 

Step 1 – Immediately upon the signing of this contract, Vajra Enterprises will pay the Artist half of the agreed-upon price of the artwork.

 

Step 2 – Within 2 weeks after signing this contract, the Artist will send Vajra Enterprises one or more preliminary sketches for the art.

 

Step 3 – Upon receipt of a sketch, Vajra Enterprises will immediately send email to the Artist either rejecting the sketch (with a full list of reasons) or accepting it.  If the sketch is rejected, the Artist must send more sketches (at least one per week) until one is accepted.

 

Step 4 – Within 1 month after Vajra Enterprises accepts a sketch, the Artist must send a proposed final draft to Vajra Enterprises.  Upon receipt, Vajra Enterprises will immediately either accept the draft or ask for revisions.  Vajra Enterprises may ask for any number of revisions, but Vajra Enterprises will pay an additional 10% of the agreed-upon price of the artwork for each revision request after the first (in other words, the first revision is free, all the rest are 10%).  Vajra Enterprises will not be obligated to pay the extra 10% per revision requested for any proposed final draft if that proposed final draft does not meet the Artist’s normal standard of quality.

 

Step 5 – Immediately after Vajra Enterprises accepts a proposed final draft, Vajra Enterprises will send the second half of the agreed-upon price for the artwork, as well as any extra money owed because of requests for revisions, to the Artist.

 

Step 6 – Immediately after the Artist receives Vajra Enterprise’s acceptance of the final draft, the Artist will send either the original image media of the accepted final draft or a data file containing a high-quality professional scan of the original image media to Vajra Enterprises.  If the original image media is sent to Vajra Enterprises, it will be sent back to the artist after reasonable time for scanning.

 

 

Rights Transferred

 

[The purpose of this section is to describe which rights will be transferred to Vajra Enterprises.]

 

Upon the completion of the above terms, Vajra Enterprises gains the following rights:

      -The non-saleable right to use the final and accepted draft of the artwork on or in the book Fates Worse Than Death and any reprinting and future editions of the book.

      -The right to use the final and accepted draft of the artwork (or any earlier drafts or preliminary sketches or any derivative works based on these) on web pages owned or authorized by Vajra Enterprises.

      -Exclusive, non-saleable rights to use the final and accepted draft (or any earlier drafts or preliminary sketches or any derivative works based on these) on or in any Fates Worse Than Death or Role Playing Game merchandise (with the condition that royalties are paid by the artist as detailed in the section “Royalties on Non-Game Products” below).

      -The right to change the artwork in the following ways: cropping, stretching, changing brightness and contrast and inserting text so long as the changes made do not obscure the Artist’s signature or mark.

 

The Artist gives up the following rights:

      -The right to use or transfer to others the right to use the art (or any earlier drafts or preliminary sketches or any derivative works based on these) in any Role Playing Game or any web page or publication about Role Playing Games or about the Fates Worse Than Death universe.

      - The right to use or transfer to others the right to use the art (or any earlier drafts or preliminary sketches or any derivative works based on these) on or in any Role Playing Game or Fates Worse Than Death related merchandise.

[cover art contract only] - The right to use or transfer to others the right to use the art (or any earlier drafts or preliminary sketches or any derivative works based on these) on any cover of any book or magazine for a period of four years.

 

The Artist retains all other rights, including but not limited to:

      -The right to use or sell the right to use the art (or any earlier drafts or preliminary sketches or any derivative works based on these) on the interior of books or magazines, so long as those books or magazines are not Role Playing Games or publications about Role Playing Games or about the Fates Worse Than Death universe.

      -The right to display the art (or any earlier drafts or preliminary sketches or any derivative works based on these) in a gallery.

      -The right to sell the original media art or prints of the art or any earlier drafts or preliminary sketches or any derivative works based on these.

      -The right to display the art (or any earlier drafts or preliminary sketches or any derivative works based on these) on web pages so long as those web pages are not about Role Playing Games or about the Fates Worse Than Death universe.

 

Royalties on Non-Game Products

 

[The purpose of this section is to establish that the artist will receive royalties on profits made from non-game products containing their art.]

 

If Vajra Enterprises or any agent of Vajra Enterprises sells a product that meets all of the three following qualifications, Vajra Enterprises will send the artist 10% of all net profits (income from sales minus all costs specific to that product) from the product no later than 4 months after the profits are received by Vajra Enterprises.

 

      Qualification 1: The product contains, in whole or in part, the art (or any earlier drafts or preliminary sketches or any derivative works based on these).

      Qualification 2: The product is not an electronic or paper role playing game or negotiation game book.

      Qualification 3: The product makes any amount of net profit.

 

Illustrative Materials

 

Unless it is specifically stated in writing, any materials sent to the artist, including text and images, are only for the purpose of illustrating what is wanted in the illustration and the artist does not have permission to use them in any other way.

 

Nonperformance

 

[The purpose of this section is to describe what will happen if one or both parties cannot complete the terms of the contract.]

 

If the Artist cannot or will not send Vajra Enterprises a proposed final draft that meets all the artwork requirements and meets or surpasses the Artist’s normal standards of quality (as judged by an independent third party) within the time allotted, Vajra Enterprises had the option to cancel the contract.  If this is the case, the Artist will immediately return all money sent by Vajra Enterprises.  The artist will receive no more money, no rights to the artwork will transfer to Vajra Enterprises, and all other obligations between the two parties will cease.

 

If Vajra Enterprises cannot or will not accept a preliminary sketch of the artwork, despite the fact that the Artist has conformed to the requirements of the artwork to the Artist’s normal standards of quality and has made a good faith attempt to meet Vajra Enterprise’s needs, either party has the option to cancel the contract.  If this is the case, the Artist will keep the half of the agreed upon price of the artwork the artist has already received, the artist will receive no more money, no rights to the artwork will transfer to Vajra Enterprises, and all other obligations between the two parties will cease.

 

Sending

 

[The purpose of this section is to describe how art will be sent.]

 

      Sketches and proposed final drafts can be sent either via email as digital images or via post.

      Whenever the sole copy of a piece of artwork is being sent, by either party, the party sending it will insure it for no less than the agreed upon price of the artwork.

      A “high-quality professional scan” as defined in step 6 of the section “steps to completion” above is defined as any digital scan that meets industry standards for scans of production artwork.

 

No Other Payment

 

[The purpose of this section is to establish that the Artist will receive no other payment or compensation]

 

      The Artist will not receive any payment or compensation, even for materials used in the production of art, the scanning of media, or the sending of image media, other than the payment specifically listed in the terms of this contract.

 

Credit

 

[The purpose of this section is to establish that Vajra Enterprises will credit the Artist.]

 

Vajra Enterprises agrees to credit, in writing, in Fates Worse Than Death, and in any future revisions or republishing of Fates Worse Than Death in which the artwork appears, the Artist by any name indicated to Vajra Enterprises by the Artist (unless that name is more than 50 characters in length).

 

Vajra Enterprises agrees to include, in writing, in Fates Worse Than Death, and in any future revisions or republishing of Fates Worse Than Death in which the artwork appears, up to 50 characters of contact information provided by the Artist to Vajra Enterprises.

 

            IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written by their duly authorized representative.

 

Brian King

 

 

BY:_____________________________

 

NAME:___________________________

 

DATE:___________________________

_______________________________

 

 

BY:_____________________________

 

NAME:___________________________

 

DATE:___________________________