Working with me
Last updated on the 23rd Feb 2025
Terms and Conditions of working with me are as follows:
Ownership of Copyright / Copyright Licence
As the artist, I retain copyright to all work created for the project, including drafts and the final version. This means that I have permission to use the work on my website, social media, and other self-promotion, unless otherwise agreed by both parties in writing. I grant the commissioner the right to use the artwork worldwide, in any form of usage, for an unlimited period of time, with credit to the illustrator. For sketchnotes, credit within the artwork (‘Sketchnoted by Sam Warburton’) is sufficient.
The artwork shall not be intentionally altered or changed in any way whatsoever without the written consent of the Illustrator.
Payment
Unless stated otherwise in this Agreement, the fee is payable in pound sterling, inclusive of all the Illustrator’s expenses and preparation time. I am not VAT registered. The Commissioner shall pay all invoices within 30 days of the date of the invoice. The Illustrator reserves the right to charge interest (£10 per day) for every day that passes the invoice due date.
Cancellation
If a commission is cancelled by the Commissioner, the Commissioner shall pay a cancellation fee as follows:
a. 25% of the agreed fee if the commission is cancelled before initial sketches has begun;
b. 33% of the agreed fee if the commission is cancelled before digital artwork has begun;
c. 100% of the agreed fee if the commission is cancelled before a final draft is completed for approval.
In the event of cancellation, ownership of all rights granted under this Agreement revert to the Illustrator.
Delivery & Feedback
The artwork will be delivered as a digital file (jpg or png) on a mutually agreed date. All feedback and changes shall be finalised within a 30-day period. Any further changes required after this date will incur a £25 amendment fee.
The Commissioner shall endeavour to communicate changes as succinctly & thorough as possible for efficiency.
Guarantees
Except where artwork is based on reference material or visuals supplied by the Commissioner or where otherwise agreed, the Illustrator guarantees that the artwork is original and does not infringe any existing copyright.
The Commissioner guarantees that any necessary permissions have been obtained for the use of reference material or visuals supplied by the Commissioner and undertakes to keep the Illustrator fully and effectively indemnified against any and all claims and expenses including reasonable legal fees arising from the Illustrator’s use of any materials provided by the Commissioner.
Notices
All notices shall be sent to the Illustrator and to the Commissioner via email or social media messaging by written communication.
Dispute Resolution
In the event of any dispute between the parties, both parties will seek in good faith to resolve the dispute amicably by negotiation. Either party may give the other a written notice that it wishes to refer a dispute to formal mediation (“Mediation Notice”).
If within two weeks of service of a Mediation Notice the dispute has not been resolved, the parties shall then try to settle the dispute by mediation in accordance with the Model Mediation Procedure of the Centre for Effective Dispute Resolution.
If that fails, or after either party has made all reasonable efforts to follow that procedure, either party may commence proceedings in a court of competent jurisdiction. Either party may at any time seek injunctive relief from a court of competent jurisdiction.
Governing Law
These terms and conditions are governed by the law of England and Wales and may not be varied except by agreement in writing. The parties hereto submit to the exclusive jurisdiction of the English Courts.
Any queries?
If you have queries, please email Sam Warburton (me) at hello@samwarburton.com.