BOOK COVER DESIGN CONTRACT
This contract is between _____________________ (Artist) of Magnetra’s Design and _______________________ (Client Name) for
the purpose of designing and creating a book cover (eBook). The Client and Editor may be referred to herein individually as a “Party” or collectively as the “Parties”. This contract is entered into in good faith and upon signature by the Parties indicates acceptance of this contract and the terms described herein.
The Client agrees to pay the Artist all sums due, which may vary over the original Artist estimate depending on complexity, and any other disbursements (i.e. image bank art graphics). The non-refundable fifty percent (50%) down payment will be payable upon signing this Contract, with the balance of payment due within seven (7) business days of the Author approving the final Cover design.
Payment will be made via PayPal, sent to Client as invoice once contract is signed. Final Cover templates will be released to the Client after receipt of final payment.
I. Third-Party Image Licenses:
In the event that Magnetra’s Design purchases a special, third party image license for production of Client's book cover, Client agrees to abide by the terms and conditions of any license agreement for that image and to post required Copyright Notice, as provided by Magnetra’s Design, in their published work. It should be assumed that all Third-Party Image Licenses purchased by
Magnetra’s Design have a maximum download cap of 500,000. If Client wishes to extend this maximum download, the CLIENT MUST PURCHASE THE STOCK IMAGERY THEMSELVES AND SUPPLY IT TO Magnetra’s Design FOR USE IN COVER ART. This cost is ABOVE AND BEYOND the cost of the cover art itself.
IT IS THE CLIENT'S RESPONSIBILITY TO MAINTAIN PROPER IMAGE LICENSING FOR ANY IMAGE USED IN THE COVER ART. IF THE COVER IS DOWNLOADED GREATER THAN STIPULATED AMOUNT AND THE COVER BREACHES THE STOCK PHOTO CONTRACT, IT IS AT THE CLIENT'S LIABILITY. MAGNETRA’S DESIGN IS NOT RESPONSIBLE FOR ANY PENALTIES BY STOCK PHOTO COMPANIES DUE TO LICENSING INFRINGEMENT.
II.The Book Cover Design Service includes digital delivery of the following:
For an ebook purchase .jpg a file in the following size:
2560 pixel x 1600 pixel at 300ppi
For an ebook and print purchase:
All files mentioned above for ebook purchase above
Plus a digital delivery of...
Full print sleeve cover flat design (front cover, spine and back cover set to Client's printer specifications):
300 dpi .pdf file in a standard print size format, usually a 5" x 8" or 6" x 9" print book, but can vary slightly
Client must provide print size and printer specifications to Magnetra’s Design.
A white box will be placed on the back cover for ISBN information for print book covers.
The Custom Book Cover Design service does not include creating covers for hardcover books or books that need additional artwork for an inside flap, original, hand-drawn artwork or artist's illustrations, drawing, editing of your text, title creation, blurb writing, complex or multi-layered image manipulation, or any other services required to produce or publish a book not listed above.
III. Copyright notice:
a. Magnetra’s Design retains copyright ownership of the cover design/image(s) after your purchase. Magnetra’s Design requires that a full copyright notice be placed in the e-book or print book that recognizes Magnetra’s Design's copyright ownership of the cover and any other copyright notices or requirements relating to photographs or other images that we used when producing the cover design. The required information will be provided to you with delivery of the cover art files. Client/Purchaser assumes any and all liability for failure to comply with this requirement or for failure to supply proper Copyright Notice in the published work.
b. Buying any image(s) license from a third party website or photographer (purchasing the license(s)) does not transfer copyright ownership to you. You may not claim that a licensed image is your property. If you purchase a license for use, you may not sell, re-license for use by another, or in any way distribute the image(s) for resale to a third party.
IV. Retains the right to include the Work in his online portfolio or business promotion. If the Client does not wish to have their cover art used for marketing or display please make a request via email firstname.lastname@example.org
V. Acknowledges he does not own or have right or title to the Book containing the Work, nor to receive any royalties on Book(s) sold, or derivative works containing the Work.
VI. Agrees to treat all information about the Book’s content as Confidential and not cause or permit such Confidential Information to be disclosed to any third party, until the book is published online by the Author.
VII. Book Sales: Magnetra’s Design does not guarantee book sales nor promise financial gain of any kind.
Your rights extend to the 300dpi listed sizes listed in section (II) two, above that were provided exclusively to you via digital delivery after purchase, and that are non-watermarked images. Any and all the other mock-up or graphic versions that you may have seen, or that were used in the creative process, are not for publication. This may include any and all sizes of watermarked or non-watermarked images. These additional creative images may not be saved, downloaded, displayed or distributed except in your direct dealings with Magnetra’s Design for preliminary mock-up design(s) that are not meant for publication.
The Artist hereby represents and warrants:
I. Magnetra’s Design is the creator of the Work. Magnetra’s Design retains all rights to the original artwork.
Pre-Made Book Covers: Client may receive a 100% refund of their book cover purchase until Magnetra’s Design has begun to customize the cover with your content and information such as: Author Name, Book Title, Tag Line, Size, Formatting, etc.... Once the cover has been altered, or if you have received files for proofing, the purchase is final and no refunds will be given.
Custom Book Covers: Client may receive a 100% refund of their custom book cover purchase until initial design work has begun.
Once initial design work has begun on a mockup cover, the Custom Book Cover Design Service fee (50% down payment) is nonrefundable. If Client wishes to cancel under either of the above circumstances, Client must send a written request by email to email@example.com. Once a sample cover has been sent to client for review, no cancellations or refunds will be provided.
If the contract is cancelled, Client agrees to destroy all samples or completed work sent to the Client by Magnetra’s Design.
III. Your exclusive right is for the book cover as-is. You are not allowed to make modifications or changes of any kind to the book cover. "Changes" include, but are not limited to, changing the author name, the title, adjusting or re-sizing imagery, cutting and/or pasting images or text, stretching, color modifications. Any and all modifications to the book cover artwork must be done by Magnetra’s Design. Once final book cover artwork has been delivered, Magnetra’s Design will assess a $50 hourly rate for requested cover modification(s).
IV. The Work does not contain any unlawful material.
Once purchased, Magnetra’s Design hereby grants the Client exclusive right to use the pre-made or custom book cover purchased.
In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the Parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial
The terms of this agreement shall be interpreted according to the laws and legal jurisdiction of the State of North Carolina, USA.
The Artist and Client have executed this contract on the day and year below, to be effective immediately if the dates are the same, or on the date of the later signature if the dates are not the same.
Project Information: __________________________________________________________________________________________________________________________________________________________________________
The undersigned hereby agree to the above terms and conditions of service provision:
Client printed name: ___________________________
Artist printed name: ______________________________