13. Should the artwork fail to satisfy, the Client may reject the artwork upon payment of a rejection fee as follows:
(i) 25% of the agreed fee if the artwork is rejected at the rough stage.
(ii) 50% of the agreed fee if the artwork is rejected on delivery.
14. In the event of rejection, ownership of all rights granted under this Agreement shall revert to the Illustrator unless the artwork is based on the Client’s visual or otherwise agreed.
15. If the Client changes the brief and requires subsequent changes, additions or variations, the Illustrator may require additional consideration for such work. The Illustrator may refuse to carry out changes, additions or variations which substantially change the nature of the commission.
16. Except where artwork is based on reference material or visuals supplied by the Client or where otherwise agreed, the Illustrator warrants that the artwork is original and does not infringe any existing copyright and further warrants that she/he has not used the artwork elsewhere.
17. The Client warrants that any necessary permissions have been obtained for the agreed use of reference material or visuals supplied by the Client or its customer and shall indemnify the Illustrator against any and all claims and expenses including reasonable legal fees arising from the Illustrator’s use of any materials provided by the Client or its customer.
Ownership of Artwork
18. The Illustrator shall retain ownership of all artwork (including roughs and other materials) delivered to the Client.
19. The Illustrator’s original artwork shall not be intentionally destroyed, damaged, altered, retouched, modified or changed in any way whatsoever without the written consent of the Illustrator.
20. The Client shall ensure the Illustrator is credited in any editorial use of the artwork. Credits for non-editorial use are not required unless so indicated on the front of the form.
21. The Illustrator hereby waives the right to injunctive relief for breaches of the right of integrity and the right of paternity.
22. Unless otherwise agreed, the Illustrator shall be entitled to receive not less than four proofs or printed copies of the work.
23. All notices shall be sent to the Illustrator and to the Client at the address stated in this Agreement. Each party shall give written notification of any change of address to the other party prior to the date of such change.
24. 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 non-exclusive jurisdiction of the English Courts.