Terms & Conditions [For Humans]
TERMS AND CONDITIONS,
A Design Contract for Humans
Contracts have to use so many words to make sure everything that could ever come up is totally covered. They’re nice to have in case anything does come up for either parties, but they are HELL to read. Here’s a copy of the contract I send along with all custom orders.
This document however provides you, the Author, with an easy-to-read list of things you are agreeing to which I, the Designer, want you to totally understand. Please read this before making any orders!
- Designs bought from Designer will not be available for licensing again, as covers are one-of-a-kind pieces of art. The design will be exclusive to the Author.
- This does not mean that some of the individual elements, such as stock photos, will not appear elsewhere as Designer doesn’t hold exclusive rights to said elements.
- Digital products bought from Designer’s website cannot be returned, but may be exchanged within ten days. This is because all packages bought through said website have several rounds of revisions. Any products bought through an affiliate link are subjected to the individual site’s return policy.
- Regarding custom commissions, in the event of a cancellation, the Author will pay for hours of work already completed. The entire payment is refundable only if Designer is in breach of contract.
- Other than the Extended License Fee (see bottom point), the only additional fees would be regarding pre-made covers and the “Add-on” products available in the Designer’s online store. If, for instance, the Author buys a pre-made cover at a static price and then requests an additional model be added, they would have to buy the “Add/Replace Character” option as well.
- Payment is payable as soon as the Author agrees to the design concept. Payment is due before the final files are delivered. Feel free to ask for low-res updates at any time if you are concerned about sending payment.
- As soon as payment is made, the Designer transfers the design license to the Author for a 250,000 run and any additional promotional elements related to the book. The Author may publish, transmit, distribute, crop, attach text to, or use the design in relation to the book. However…
- The actual artwork created by the Designer can only be modified by the Designer. This is for two reasons. The first is that stock photos and their license are bought by the Designer and are non-transferable according to the photographers and stock houses. The second is, since not every cover will be made with specialty stock, the Designer respectfully asks not to have their original art altered.
- So, the Designer retains the right to authorship credit, portfolio display, and modification. The Author owns the rest of the rights.
- Credit must be given in some way. The Designer respectfully asks for credit somewhere in the book as “Kyra J. Wolff / kyrajwolff.com”
- There may be an instance where the copyright owner of an element used in the design will asked to be credited as well. The Designer will not use said element without running it by the Author. No pre-made covers up for sale, as is, will need 3rd party media credit.
- The Designer ensures to the best of their ability that all elements of the design is free of limitations or royalties. This means the Designer makes their best effort to acquire all the necessary licenses for a 250,000 book run.
- Extended License Fee:
- If Author sells more than 250,000 copies of the book using the design, Author must either alert Designer or take the Extended License into their own hands. Designer provides Author with links to stock images for this reason, but Designer may act as the middleman to simplify things.
- An Extended License is a requirement of the stock house where one or more of the individual images making up the design. This license is around $75 per photo, but once paid for is good forever.
- Designer’s personal artwork would also need an Extended License.
- This license is an objectively great thing to have to obtain when compared to how many copies must be sold to the price.