We have successfully operated our business according to the following trade and custom:
Warranties: We warrant that all information, communications, correspondence, drawings, sketches, photographs and other materials conveyed by Client to us will be treated as privileged and confidential. If desired, we would be glad to sign a nondisclosure agreement. We prepare only original creative works. Our work does not knowingly infringe upon the copyrights of another. We will use all due diligence to assure the anatomic, scientific and technical accuracy of our work. We warrant that our work will be produced under the direction of a Certified Medical Illustrator. We will produce our work in a professional manner. The work will be suitable for the agreed upon use and media. We accept and abide by the Code of Ethics and the Standards of Fair Practice of the Association of Medical Illustrators.
Estimates: If requested, we will prepare an estimate in good faith, using the information available at the time of request. Our estimate will include the minimum projection of professional and creative fees plus expenses for the proposed project. Our estimate will clearly be labeled as such, and should not be considered as a quotation. Final fees and expenses will be shown on the invoice. Typically, invoiced amounts are within 15%, above or below, of the estimated amounts. Every reasonable attempt will be made to notify the Client in advance if fees or expenses will exceed 10% of estimated amounts.
Commissioning Work: We are happy to accept commissions for custom work. Before beginning work, we will work with the Client to draft a mutually beneficial commission agreement specifying, among other things, the project's:
Title Description and scope of the work Intended audience Project goal & objectives Production and media parameters Use and license requirements Timetable and due dates Compensation and payment scheduleThe commission agreement is not considered a work-made-for-hire agreement. We cannot begin work on a project without a signed agreement.
Rush Work: For quality assurance reasons, we usually do not accept rush work. However, we do strive to be responsive and will do everything reasonably possible to fulfill a Client's immediate needs. In the event we incur direct overtime charges or higher vendor costs, the Client will be billed for these additional costs.
Charitable & Speculative Work:We earn a living by selling our creative services our ability to generate ideas, solve visual problems, and tell a client's story effectively. As a consequence, we are unable to accept speculative assignments or other work for which we are not compensated.
Consultation: Consultation about a potential project is free of charge. This may include research and the preparation of a project proposal. Research and preparation of a proposal may be additional consultation time, that can be billable at our standard studio rate.
Cancellations: The creation of artwork and media productions entails an intricate and sometimes lengthy developmental process. We expect to be compensated for the time we invest on a Client's behalf. Consequently, if a commission is cancelled by the Client prior to delivery of the final work, we will bill the Client for the actual work completed. In the event of cancellation, conveyance of copyrights or license is void, and all rights remain with us.
Changes & Revisions: We will furnish the Client with one or more preliminary proofs which may include sketches, studies, comprehensives or animatics for comment and approval prior to execution of the final work. The number and type of preliminary proofs depends on the nature of the project, and will be specified in the commission agreement. We are happy to provide additional proofs as necessary, but may be billed at our standard studio rate and shown separately on the invoice. The Client is responsible for reviewing the proof materials thoroughly. It is our policy not to begin execution of the final work until the Client has approved preliminary proofs for content and style.
Changes or revisions requested after delivery of the final work will be billed at our standard studio rate.
Acceptance of Work: The Client will have ten (10) business days after receipt of the final work to note any errors or omissions. After this reasonable inspection period has passed, the work will be considered accepted as delivered and we will not be held responsible for any subsequently discovered errors or omissions.
Creative Fees & Rates: We make a living by selling our time, expertise and experience in the form of our creative services and products. We prefer to provide flat-free estimates based on a combination of project scope and complexity, media and market use, and copyrights conveyed. However, there are times when it is necessary to bill by the hour, for instance in the event of Client-requested changes. Our minimum fee is $250.
Expenses: We expect the Client to reimburse us for all direct expenses arising from their project. We will endeavor to advise the client beforehand of any necessary expenses, and in no case will we incur any expense valued at more than $75 without the Client's prior approval. Job-related expenses may include, but are not limited to:
Shipping & delivery Modeling & talent fees Research & clinical consultation fees Photography & film processing Imaging & scanning services Video services Equipment rental Travel Reprographics and xerography Printing Mastering & duplication fees
In compensation for the time and financial considerations of purchasing items for the Client's benefit, we typically mark-up the cost of items by 17.5%. Expenses will be shown separate from Creative Fees on the invoice, and will be aggregated by category (for example, total for shipping & delivery...$19.95).
Sales Tax: If sales tax is applicable, the Client is responsible for the payment of the tax. Where required by law, we will collect the sales tax and forward it to the proper authority. Any sales tax will be shown separately on the invoice.
Payments: For all commissions in excess of $2,500, we require a retainer of 40% to begin work. For commissions of $5,000 or more we require progressive payments, according to the following schedule:
- On initiation of the commission, a retainer payment of 40% of the estimated total fees and costs - On delivery of second set of preliminary proofs, an additional payment of 30% of the estimate - On delivery of final work, balance of estimated amount plus any additional costs or fees
Payment is due in full upon receipt of invoice, and is payable in U.S. dollars at our primary address.
Copyrights & Licenses: We claim the copyrights to our original creations, and we assiduously protect our copyrights. Our creative fees reflect the rights and usage requested by the Client. In consideration of certain compensation, specific copyrights will be conveyed to the Client via a written license (grant of rights). The license is conditioned upon the timely payment in full of our invoice(s). Any use or reproduction without payment in full is an infringement of our copyrights and a frank breech of contract.
Only the rights and uses specified in the license are transferred to the Client. All other rights are reserved to Cora Brown. Any unauthorized use is an infringement of our copyrights. At our sole discretion, we may issue an invoice for the unauthorized use. Should it become necessary to take legal action to obtain satisfaction, we also may be entitled to statutory damages and attorney's fees.
Work-Made-For-Hire: We are happy and willing to negotiate any copyright and usage license a Client may need. However, we do not accept work-made-for-hire contracts.
Crediting (Byline): For branding purposes, our work carries a signature. Notice of copyright will also be placed on the work. When appropriate, we may require that a credit line be included in the publication, website or other media production. The form and location of the credit line are negotiable.
Ownership of Originals: We own our original creations, including finished work as well as sketches and any other preliminary materials. Unless specified in writing, the commission agreement does not include the title in or transfer of the original artwork. License for use or transfer of copyrights does not include the title to the original. The sale of the original artwork is negotiable, and separate from any agreement for rights and usage. Access to Originals In order to effect the license and use, the Client may be furnished with the original artwork. The Client is responsible for the return of the artwork in undamaged and usable condition within thirty (30) days of first use or reproduction. The Client is expected to compensate us for loss or damage to our property while it is in their custody or control. Compensation for loss or irreparable damage will be calculated at ten (10) times the original commission fee.© 2017 Cora Brown