Here’s my Standard Contract for Custom projects. It’s a little long, but it fully covers both of our rights.
Let me know if you have any questions or visit my FAQ page.
Satin Rose Designs standard contract – 1a
These terms and conditions, when agreed to and accepted by you (the client/author) after you enter your full legal name and sign the contract will create a binding and legally enforceable contract between you (the client/author) and Amber Daulton/Satin Rose Designs (the designer) for _________ (the work). Please read these terms and conditions carefully before signing the contract and submitting your form.
- Amber Daulton is bound by contract to deliver a one-of-kind e-book cover and optional full-wrap paperback cover and/or audiobook cover to the client.
- Amber Daulton will not infringe on the copyright of another designer’s work, unless express permission has been granted to mimic said art.
- The Custom Cover project includes five review rounds, during which the client can request changes to the design without additional fees. If more changes are requested and results in another review round after the initial five, a $15 US dollars fee will occur for each subsequent review round.
- The Premade Cover project includes three review rounds for textual changes and optional branding. If more changes are requested and results in another review round after the initial three, a $15 US dollars fee will occur for each subsequent review round.
- All client information and materials are considered confidential and only for use by Satin Rose Designs to provide a quote or complete a project. Client information and project materials will not be given out or shared with any third party, unless otherwise requested by the client.
- Upon receipt of full payment, Satin Rose Designs grants the client exclusive license to use the final cover design artwork (PDF, JPEG, PNG, or other publishing-ready format) for his/her e-book cover and associated promotional materials. The designer does not provide any source files or the Gimp file.
- The Designer agrees that she is the sole creator of the Book Cover and has the right to use all images sourced from depositphotos.com (or other stock sites) for the purpose of the Book Cover.
- The client understands that he/she has no right to alter the final cover design in any way except to change size for printing or digital display. If the client desires any alterations, he/she will consult Satin Rose Designs. The client understands that additional fees may be required to make these alterations.
- The client agrees to abide by the terms of any license agreement for any images purchased by Satin Rose Designs through a third-party image provider for use in client’s book cover design. For photos purchased and licensed from DepositPhotos, YAYImages, and 123RF: the cost of cover design includes the standard license to use these images and is limited to a print run of 500,000 units. Images used for client’s cover are royalty-free; however, the photographer owns the copyright to those photographs and they cannot be distributed in any manner other than in the book cover design. It is possible to extend the license for every image used in the design even after the cover has been created and delivered to the client. After the print run limit has been reached, the client will need to purchase an Extended License from the appropriate third-party provider.
- For photos purchased and licensed from Scop.io: the cost of cover design includes the extended license to use these images and is limited to a print run of 100,000 units. The rest of sub-section 9. applies. After the print run limit has been reached, the client will need to purchase an additional license from the third-party provider.
- Satin Rose Designs retains the right to use client’s final and draft book cover design, name, and book title in Satin Rose Designs’ portfolio and to market and promote their services. Satin Rose Designs retains copyright and ownership of all design and draft materials.
- If the client supplies Satin Rose Designs with materials subject to intellectual property rights by a third-party, the client will secure the appropriate rights to use the materials before directing the designer to incorporate them into his/her project. Should any intellectual property dispute arise involving materials the client provides, the client assumes full legal and financial responsibility.
- If the Author decides to sell the cover to another author, he/she must first contact the Designer. The Author agrees to not sell it for a higher price than what he or she originally paid for. The fee for changing the text after license transfer is $25, to be paid via Paypal invoice by the New Licensee. The Designer, Author, and the requested licensee will need to sign an addendum to this contract acknowledging the transfer, and the new files will be sent within a week to the new licensee’s email address.
- The Author grants the Designer the right to include, in small print, the following on the imprint/copyright page of the eBook and paperback: Cover by Amber Daulton/Satin Rose Designs. Please include the above in the description on the audiobook’s product page.
- Client is fully responsible for proofing the book cover design provided by Satin Rose Designs. It is strongly suggested that client requests a proof from the printer before ordering any materials using the book cover design. At no time will Satin Rose Designs be held financially or legally responsible for any problems, costs, fees or expenses incurred by client as a result of using the book cover design.
- Satin Rose Designs is not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including loss of revenues or profits, loss of business or reputation, or loss of data, in any way related to their services. Satin Rose Designs is not responsible for any claim, loss, or injury based on errors or any other inaccuracies appearing on our site or in our clients’ written documents, including without limitation as a result of any breach of the terms and conditions of this agreement.
- That said, Satin Rose Designs guarantees to use assets that, to their best knowledge and ability, are legally sourced, and that, if the author has used the created artwork only in the agreed upon, legal manner, the above will apply to their cover. Satin Rose Designs also agrees to edit free of cost any cover, promotional item, or other provided artwork should questionable stock have been used.
- Payment will be made via PayPal, sent to the Author as an invoice once the contract is signed. The final Book Cover files, with no watermarks, will be released to the Author after receipt of the final payment.
- Additional images from premium stock sites (such as ShutterStock.com, Neo-stock.com, istockphoto.com, thereedfiles.photoshelter.com, etc.) might incur additional fees, which vary depending on the premium stock website. The cost of any extras will be added to the Author’s bill at the time of the Project completion. These images will only be used at the Author’s behest.
- If the Author wishes to terminate the Book Cover before completion, the design files in their current state will not be handed over to the Author. The Designer will refund the Author the monies already paid, minus $50 USD as the retainer/kill fee.
- Once the Author approves and agrees to the final design, and then pays the final invoice, no refunds will be given.
- The Designer will provide the final files of the Book Cover no later than the agreed date expressed in writing, unless unforeseeable events occur, through no fault of the Designer, that may delay production. These events include, but are not limited to, disease, loss of a close family member, crimes against the Designer and labor strikes.
- If the Designer fails to provide the Book Cover within two weeks after the agreed deadline, the Author may, at the Author’s option, by written notice to the Designer, terminate this Agreement and receive a full refund, minus the $50 USD retainer/kill fee. In such event, no damages, suits, actions, or proceedings shall be claimed, instituted or maintained by the Author against the Designer.
PUBLIC REVEAL OF COVERS AND DISCARDED CONCEPTS
- The Designer reserves the right to display the Author’s finished cover in their portfolio and on social media sites at their discretion, however, they will grant the Author appropriate time for the public reveal of said cover. After six months, if the cover has not been made public by the Author, the Designer reserves the right to post in their portfolio.
- The Designer reserves the right to take any discarded concepts/rough designs that differ from the final product and reuse them at a later time, either for another client or as a premade cover, with any necessary modifications.
- For custom covers, if either client or Satin Rose Designs cancels a project after the first invoice has been paid but before the final invoice has been paid, neither the client nor Satin Rose Designs is under further obligation to the other, and this contract will be considered canceled. All payments shall be refunded by Satin Rose Designs within seven (7) business days, minus the $50 USD retainer/kill fee.
- For premade covers, all purchases are non-refundable after final approval of the cover.
MODIFICATION OF AGREEMENT
- Modification of any provisions of this agreement is not valid and enforceable unless confirmed in writing and signed by all parties either in hardcopy or by e‐signature.
- The finding of any provision of this agreement to be invalid or unenforceable does not render the remaining provisions invalid or unenforceable.
- 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 a dispute resolution organization, such as the American Arbitration Association, or other, in accordance with the provisions of its Commercial Arbitration Rules.