TERMS AND CONDITIONS
Dear Friends,
Thanks for visiting GAIL GOSSCHALK online.
This page describes the commitment I will make to you, the client, and my basic expectations for a happy business relationship! The general terms and conditions set out below will govern our relationship, unless of course we agree otherwise in writing. I look forward to working with you…
I promise to
Discuss with you our artistic endeavour together, by email or phone, over coffee or a glass of wine, and send to you a written description of the project, including my artistic deliverables and our mutually agreed fee. Upon receiving your written approval and initial payment, work creatively and professionally to fulfill our project brief within the agreed time-frame.
I expect to
Receive a partial fee payment prior to commencing our project (to establish our commitment and assist me in purchasing the necessary artistic materials) and the balance upon project completion. Retain ownership of the copyright in my artistic works and the right to be identified as the creator of my artwork.
1. COPYRIGHT OWNERSHIP & LICENCE
The ownership of all copyright in all artistic work created by me is retained by me. On the date I receive the agreed fee in full, I will, and hereby do, subject to the remainder of these terms and conditions, grant to you an exclusive, non-transferable licence, under my copyright in the artwork I deliver to you, to use and reproduce the artwork for the purpose set out in the project brief (the ‘Licence’).
For the avoidance of doubt, no Licence is granted, and you shall have no right to use or reproduce the artwork, unless and until I have received from you full payment of our agreed fee. The Licence is personal to you and may not be assigned or sub-licensed to any third party without my written consent. I retain all rights in the artwork not granted to you in the Licence, including ownership of all physical or electronic examples of the artwork delivered to you (for example, roughs and other materials bearing or constituting the artwork). I also retain the right to use the artwork in publicity, press, and on my website, solely for self-promotional purposes. If you wish to use the artwork for a purpose not permitted by the Licence, I will discuss with you the terms under which I may grant you an additional licence for such additional purpose, and my fee for granting such additional license.
2. RESTRICTIONS ON USE
You must not use or reproduce the artwork for any purpose other than the purpose set out in the project brief. If no purpose is stated in the project brief, you may use the artwork for non-commercial purposes only and must not reproduce the artwork for any purpose. You must not intentionally destroy, damage, retouch or modify the artwork in any way whatsoever without my written consent.
3. CREDITS AND MORAL RIGHTS
I hereby assert all moral rights existing under applicable law, including the right to be identified as the creator of the artwork. You will ensure that I am credited in any and all uses and reproductions of the artwork.
4. PUBLICITY
You give me permission to publicly identify you as a client for the purpose set out in the project brief. You will provide me with advance proofs or printed copies of examples of the artwork intended for commercial or public purposes. I may use examples of the artwork in publicity, press, and on my website, solely for self-promotional purposes.
5. CHANGES
If you change the project brief, or require changes, additions or variations to the artwork, I may require additional fees for such work. I have the discretion to decline to carry out changes, additions or variations that substantially change the original project brief.
6. DELIVERY
I will use all reasonable efforts to deliver the artwork to you within the agreed time-frame and to notify you of any anticipated delay. I will not be liable for any consequential loss or damage arising from late delivery of the artwork.
7. INVOICES AND PAYMENT
Unless otherwise agreed by us in the project brief, I will invoice you for 50% of the agreed fee upon receiving your written approval of the project brief and for the remaining 50% upon delivery of the artwork. You will pay my invoices within 30 days of receipt. Interest at the rate of 6% per month is payable on invoiced amounts that remain unpaid after 30 days.
8. CANCELLATION OR REJECTION
If the project is cancelled by you after commencement and prior to the delivery of the artwork, you will pay me 50% of the agreed fee. In the event of cancellation, you must immediately return to me all physical or electronic examples of the artwork in your possession (including roughs, reproductions and other materials bearing or constituting the artwork). You may reject the delivered artwork if it is not in accordance with the project brief by notifying me in writing and delivering to me all physical or electronic examples of the artwork in your possession (including roughs, reproductions and other materials bearing or constituting the artwork), within 7 days of delivery. If no such rejection is made within 7 days of delivery, the artwork will be deemed accepted by you and you will pay me 100% of the agreed fee. For the avoidance of doubt, no Licence will be granted to you in the event of cancellation or rejection and I will retain all rights in and to the artwork.
9. EVENTS
If your project involves my participation in an on-site event, I will invoice you for 100% of the agreed fee upon receiving your written approval of the project brief and you will pay me 50% within 30 days of receipt of my invoice and the remaining 50% prior to the anticipated date of the event. I will use all reasonable efforts to arrive at the event venue at the date and time specified in the project brief, and to stay for the duration of the event as specified in the project brief. If I am held up due to travel delays or any other reason beyond my control, I will use reasonable efforts to inform you, but I will not be liable for any consequential loss or damage. I will use reasonable efforts to accommodate changes to event venue, dates, time and/or duration, but it may not be possible for me to accommodate such changes and I retain the discretion to decline the project if such changes are made. I reserve the right to charge an amount in addition to our agreed fee for any additional time spent at the event not specified in the project brief. If the event is cancelled by you after my commencement of the project, you will pay me 50% of the agreed fee and reimburse me for any out-of-pocket costs and expenses incurred by me in connection with arranging travel to the event.
10. CUSTODY ARRANGEMENTS
If specified as a custody arrangement in the project brief, upon copulation of the project, you must return to me all physical or electronic examples of the artwork in your possession (including roughs, reproductions and other materials bearing or constituting the artwork) in undamaged, unaltered and un-retouched condition. If the artwork is lost, destroyed, damaged or altered at any time whilst in your custody (which shall mean any time between delivery of the artwork to you and its safe return to me) you must pay compensation to me at a rate to be agreed or, in default of agreement, decided by a mutually agreed independent third party, being an expert in the field.
11. INDEMNIFICATION
You must indemnify me against any and all claims and expenses including legal fees arising from your use of the artwork.
12. TERMINATION
I may immediately terminate the Licence by providing written notice to you if you are in breach of these terms and conditions. You may terminate the Licence at any time by providing written notice to you me. Upon expiry or termination of the License you must immediately delivering to me all physical or electronic examples of the artwork in your possession (including roughs and other materials bearing or constituting the artwork).
13. GOVERNING LAW
England and Wales.
