Creating an Artist Contract
I know, contracts can sound intimidating, especially when you're just starting out. But I’m here to tell you—you always need a contract, even for the smallest projects. Whether it’s designing a quick logo for your best friend’s neighbor’s cupcake business or a full-fledged picture book project, a contract is essential.
I’ve created a comprehensive video guide to creating contracts. Below is a quick overview of what I cover.
What is a Contract and Why Do You Need One?
A contract is a written agreement between you and your client that outlines the specifics of the project. It protects both parties by making sure there’s a clear understanding of deadlines, payment terms, rights, and expectations. Technically, agreements can be verbal or even in email exchanges, but having everything in writing is always the safest bet.
Without a contract, you risk being taken advantage of—whether that’s not being paid, having your work stolen, or dealing with miscommunications about what was agreed upon. And let’s face it, no artist wants that.
Even for casual jobs, a simple contract ensures that everything is clear. It’s proof that both you and the client agreed on the terms, and it’s your safeguard if things go south.
Why Contracts Are Non-Negotiable
A contract might feel like extra work, but trust me, it’s worth it for your peace of mind and professionalism. Here's why:
Clarifies Project Details: A contract will specify exactly what’s expected—from the deliverables to the schedule. This includes what you’re delivering, how many revisions, and what’s included in the final product.
Protection Against Scope Creep: If your client suddenly asks for an extra illustration or changes the scope of the project, your contract has your back. It’ll outline exactly what you agreed to deliver, so you’re not pressured to do extra work for free.
Payment Structure: A contract will define how much you’ll be paid, when you’ll be paid, and in what installments. You’ll have clarity on payment deadlines, whether it’s a flat fee or hourly rate.
Protects You from Late Payments: You can include clauses like late fees to ensure that clients who delay payments are held accountable.
Termination Clause: If the project doesn’t work out or needs to be canceled, a contract ensures you’ll still be compensated for the work you've already completed.
Professionalism: Having a contract signals to your client that you are a serious professional. It sets boundaries and shows that you respect your work enough to have legal protections in place.
Legal Protection: If things get really bad, like if a client uses your work without permission, a contract serves as written proof of what was agreed to, which is crucial if you need to take legal action.
What Should Be Included in Your Contract?
Now that we’ve covered why contracts are important, let's break down the key components of a basic illustration contract. This will be a general guide, so depending on the specifics of your project, feel free to customize it as needed.
Project Description and Deliverables
Start with a clear description of the work you’ll be doing. Include all the relevant details—like the medium, size, format, and any specific stages of work (such as sketch concepts, revisions, etc.). The more specific, the better to avoid any misunderstandings.
Example:
Project: Full-color poster for the Evergreen Literary Festival
Deliverables:
3-5 Black & White sketch concepts
2 Color concepts for approval
Final layered PSD file (11x13" at 300dpi)
Timeline and Schedule
Include the start date and final delivery date, plus deadlines for feedback and revisions. If your project has multiple stages, like sketches, color concepts, and final art, be sure to list those too.
Example:
Start Date: 01/02/25
Initial Sketches: 15/02/25
Final Art Delivery: 30/03/25
Usage and Copyright
This part is crucial to protect your rights as an artist. Outline how your artwork will be used (e.g., print, digital), where it will be shown (geographically), and for how long. Specify if the client gets exclusive rights to the artwork or if you retain some rights for licensing or other uses.
Example:
"Client may use the work for marketing purposes for the Evergreen Literary Festival, in print and digital formats within the North American region. The Client may not use the artwork for merchandise without further negotiation."
Payment Terms
Clearly state how you’ll be paid and when. Whether it’s a flat fee or an hourly rate, specify the amount, payment method, and any applicable taxes or expenses.
Example:
Rate: $3,000 for the project
Payment Schedule: 50% upon signing, 50% upon final delivery
Payment Due: Within 30 days of invoice
Revision Fees
You don’t want to get stuck doing unlimited revisions for free. Specify how many revisions are included in your fee and what additional revisions will cost.
Example:
"Client is entitled to one round of revisions after the sketch stage. Additional revisions will be billed at $100 per hour."
Termination and Kill Fees
In case the project is terminated early, define how the client will compensate you for work done up until that point. You might also want a "kill fee" if the client cancels the project after work has started.
Example:
"In the event of project termination, Client agrees to pay Artist for completed work up to the point of termination: 25% of the total fee after sketch delivery, 50% after color roughs, and 100% after final delivery."
Credits and Copies
You should always get credit for your work. Include a clause about where and how your name will appear, and if you’ll receive complementary copies of the final product.
Example:
"Artist shall be credited as the illustrator on the final product, including social media promotion. Artist shall receive 5 sample copies of any printed materials."
Miscellaneous Details
You might need to include other specific details, like non-compete clauses, or payment of expenses. If you’re providing original artwork, outline who is responsible for shipping and handling.
Red Flags to Watch Out For
As a general rule, if a client refuses to work with a contract, that’s a huge red flag. Be wary of clients who try to bypass the contract or push you to start the project without signing one. A contract is your protection and any client who doesn’t want to provide one may not have your best interests in mind.
Contracts might seem like a lot of work, but they are your safeguard. They protect you, your work, and your time. Whether it’s a small logo for a friend or a big project with a major publisher, always have a contract in place.
If you're feeling unsure about creating your own contracts, I recommend checking out resources like the Graphic Artists Guild Handbook or Business and Legal Forms for Illustrators. You should also consult a lawyer for more complex deals, or get an agent.
✸Need Help with Contracts? Book a Consulting Call!✸
If you need help creating a contract for your next project, schedule a one-on-one consultation with me today!
