Contract for Services Agreement - Illustrator (Australia)

This Contract for Services Agreement (also referred to as "Work for Hire Agreement") for an Illustrator is designed for use in Australia. This form is available for immediate download.

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Under the Copyright Act 1968, the creator of a work is the sole and exclusive owner of the copyright in that work. The copyright becomes the property of the creator immediately and automatically as soon as the work in question is written down. In cases of employment, the person or entity that hires the individual to create the work will be the owner of the copyright in that work. This form will assist in drafting a Contract for Services Agreement hiring an illustrator to create a work as an independent contractor.

Among others, this form includes the following provisions:
  • Contract for Services
  • Assignment
  • Payment and Delivery
  • Illustrator's Representations and Warranties
  • Independent Contractor
This lawyer-prepared packet contains:
  1. General Instructions
  2. Information
  3. Contract for Services Agreement – Illustrator for use in Australia
Law Compliance: This form complies with the state and territory laws of Australia
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Contract for Services Agreement - Illustrator
(Australia)

 

 
THIS AGREEMENT is made this        day of       , 20   , by and between                       (“Employer”) and                             (“Illustrator”, and collectively, the “Parties”).
 
WHEREAS, Employer wishes to engage Illustrator to create       (Brief description of illustrations to be created by Illustrator)          (the “Work”) as a “contract for services;
 
AND WHEREAS, the Parties both intend for Employer to be considered the author of the Work for the purposes of all copyright and intellectual property issues, and for Employer to be the sole and exclusive owner of the copyright in the Work;
 
NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows:
 
1.   Contract for services.  After the execution of this Agreement, Illustrator shall commence production of the Work.  The Work shall be a work commissioned by the Employer, and Employer shall own the Work, and shall be the sole and exclusive owner of the copyright in the Work, including all rights of copyright registration, renewal and extension.  Employer shall also be considered to be the author of the Work for the purposes of Australian copyright law, and for the purposes of any other applicable state or federal laws.  Illustrator shall make no claim to ownership of the copyright in the Work, nor shall Illustrator attempt to exercise any rights, privileges or protections afforded to a copyright holder.  Illustrator waives all moral rights in the Work.
 
2.   Assignment.  If for any reason the Work shall be deemed not to be a contract for services, then Illustrator hereby transfers and assigns all rights, ownership and interest in the Work to Employer, including all interest in the copyright in the Work, and in any other intellectual property or moral rights in the Work.
 
3.   Payment.  Subject to the terms and conditions of Section 4 below, Employer shall pay Illustrator a total sum of           Australian Dollars (AUD ___________), divided into the following instalments:
   
a.   Upon execution of this Agreement, Employer shall pay Contractor a sum of        Australian Dollars (AUD ___________) (the “Advance”).  The Advance shall be paid in full to Illustrator within 7 days of the execution of this Agreement.
b.   When the Work is completed and delivered to Employer, Employer shall pay Illustrator a sum of        Australian Dollars (AUD ___________) (the “Delivery Payment”).  The Delivery Payment shall be paid in full to Illustrator within 14 days of the delivery of the work.
 
4.   Delivery.  
 
a.   The Work shall be completed and delivered to Employer on or prior to             , 20    (the “Scheduled Delivery Date”).  The Work will meet the following criteria in terms of form and quality upon delivery:                                                                                                     .  
 
b.   If Illustrator fails to deliver the Work to Employer by the Scheduled Delivery Date, Employer shall have a right to terminate this Agreement as set forth in Subsection (b) of this Section 4, and to recoup the Advance from Illustrator.  In the event that Employer wishes to terminate this Agreement and recoup the Advance from the Illustrator due to a failure to deliver the Work by the Scheduled Delivery Date, Employer must send written notice of such termination and desire to recoup (the “Termination Notice”) to Illustrator within 14 days of the date of termination.
 
c.   If Illustrator delivers the Work to Employer after the Scheduled Delivery Date, Employer accepts delivery of the Work, and Illustrator has not yet received a Termination Notice from Employer, then Employers right to terminate this Agreement and recoup the Advance pursuant to Subsection (b) of this Section 4 shall become null and void.  If Employer refuses to accept delivery of the Work when Illustrator attempts to deliver the Work after the Scheduled Delivery Date, then Employers right to terminate this Agreement and recoup the Advance pursuant to Subsection (b) of this Section 4 shall remain intact and exercisable.
 
5.  Illustrators Representations and Warranties.  
 
a.   Illustrator represents and warrants that Illustrator has obtained all rights, clearances, licences, or other permissions necessary for the production of the Work, and that the Work does not infringe on the rights of any other person or entity, including any copyright or other intellectual property rights.
b.   Illustrator represents and warrants that Illustrator is the only creator of the Work, and has the legal ability and standing to execute this Agreement without the consent of any other person or entity.
c.   Illustrator represents and warrants that it has not granted, nor will it attempt to grant in the future, any other person or entity any rights or interest in the Work or in the copyright in the Work.
 
6.   Indemnification.  Illustrator agrees to indemnify and hold harmless Employer from any claims, actions, suits, damages, or other costs arising out of any breach of the representations and warranties set forth in Section 5 above.
7.   Independent Contractor.  Illustrator is an independent contractor under the Independent Contractors Act 2006, providing services to Employer, and is not an employee of Employer.  Nothing in this Agreement is intended to create or demonstrate an employment relationship between Illustrator and Employer.
 
8.   Further Acts.  Illustrator agrees to carry out any further actions necessary to ensure that Employer secures the copyright and other intellectual property rights in the Work.
 
9.   Governing Law.  This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of ___________________, without regard to conflicts of law principles.
   
10.   Counterparts.   This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.
 
11.   Severability.   If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
 
12.   Notice.   Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:
 
   If to Employer:      
      
      
      
 
   If to Illustrator:         
         
      
      
 
13.   Headings.   The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
 
14.   Entire Agreement.   This Agreement constitutes the entire agreement between Employer and Illustrator, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
 
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
 
 
EMPLOYER
 
                  
Signature
                  
Print Name
                  
Title
ILLUSTRATOR
 
                  
Signature
                  
Print Name
 
 
Number of Pages8
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#33751
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Contract for Services Agreement - Illustrator
(Australia)

 

 
THIS AGREEMENT is made this        day of       , 20   , by and between                       (“Employer”) and                             (“Illustrator”, and collectively, the “Parties”).
 
WHEREAS, Employer wishes to engage Illustrator to create       (Brief description of illustrations to be created by Illustrator)          (the “Work”) as a “contract for services;
 
AND WHEREAS, the Parties both intend for Employer to be considered the author of the Work for the purposes of all copyright and intellectual property issues, and for Employer to be the sole and exclusive owner of the copyright in the Work;
 
NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows:
 
1.   Contract for services.  After the execution of this Agreement, Illustrator shall commence production of the Work.  The Work shall be a work commissioned by the Employer, and Employer shall own the Work, and shall be the sole and exclusive owner of the copyright in the Work, including all rights of copyright registration, renewal and extension.  Employer shall also be considered to be the author of the Work for the purposes of Australian copyright law, and for the purposes of any other applicable state or federal laws.  Illustrator shall make no claim to ownership of the copyright in the Work, nor shall Illustrator attempt to exercise any rights, privileges or protections afforded to a copyright holder.  Illustrator waives all moral rights in the Work.
 
2.   Assignment.  If for any reason the Work shall be deemed not to be a contract for services, then Illustrator hereby transfers and assigns all rights, ownership and interest in the Work to Employer, including all interest in the copyright in the Work, and in any other intellectual property or moral rights in the Work.
 
3.   Payment.  Subject to the terms and conditions of Section 4 below, Employer shall pay Illustrator a total sum of           Australian Dollars (AUD ___________), divided into the following instalments:
   
a.   Upon execution of this Agreement, Employer shall pay Contractor a sum of        Australian Dollars (AUD ___________) (the “Advance”).  The Advance shall be paid in full to Illustrator within 7 days of the execution of this Agreement.
b.   When the Work is completed and delivered to Employer, Employer shall pay Illustrator a sum of        Australian Dollars (AUD ___________) (the “Delivery Payment”).  The Delivery Payment shall be paid in full to Illustrator within 14 days of the delivery of the work.
 
4.   Delivery.  
 
a.   The Work shall be completed and delivered to Employer on or prior to             , 20    (the “Scheduled Delivery Date”).  The Work will meet the following criteria in terms of form and quality upon delivery:                                                                                                     .  
 
b.   If Illustrator fails to deliver the Work to Employer by the Scheduled Delivery Date, Employer shall have a right to terminate this Agreement as set forth in Subsection (b) of this Section 4, and to recoup the Advance from Illustrator.  In the event that Employer wishes to terminate this Agreement and recoup the Advance from the Illustrator due to a failure to deliver the Work by the Scheduled Delivery Date, Employer must send written notice of such termination and desire to recoup (the “Termination Notice”) to Illustrator within 14 days of the date of termination.
 
c.   If Illustrator delivers the Work to Employer after the Scheduled Delivery Date, Employer accepts delivery of the Work, and Illustrator has not yet received a Termination Notice from Employer, then Employers right to terminate this Agreement and recoup the Advance pursuant to Subsection (b) of this Section 4 shall become null and void.  If Employer refuses to accept delivery of the Work when Illustrator attempts to deliver the Work after the Scheduled Delivery Date, then Employers right to terminate this Agreement and recoup the Advance pursuant to Subsection (b) of this Section 4 shall remain intact and exercisable.
 
5.  Illustrators Representations and Warranties.  
 
a.   Illustrator represents and warrants that Illustrator has obtained all rights, clearances, licences, or other permissions necessary for the production of the Work, and that the Work does not infringe on the rights of any other person or entity, including any copyright or other intellectual property rights.
b.   Illustrator represents and warrants that Illustrator is the only creator of the Work, and has the legal ability and standing to execute this Agreement without the consent of any other person or entity.
c.   Illustrator represents and warrants that it has not granted, nor will it attempt to grant in the future, any other person or entity any rights or interest in the Work or in the copyright in the Work.
 
6.   Indemnification.  Illustrator agrees to indemnify and hold harmless Employer from any claims, actions, suits, damages, or other costs arising out of any breach of the representations and warranties set forth in Section 5 above.
7.   Independent Contractor.  Illustrator is an independent contractor under the Independent Contractors Act 2006, providing services to Employer, and is not an employee of Employer.  Nothing in this Agreement is intended to create or demonstrate an employment relationship between Illustrator and Employer.
 
8.   Further Acts.  Illustrator agrees to carry out any further actions necessary to ensure that Employer secures the copyright and other intellectual property rights in the Work.
 
9.   Governing Law.  This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of ___________________, without regard to conflicts of law principles.
   
10.   Counterparts.   This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.
 
11.   Severability.   If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
 
12.   Notice.   Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:
 
   If to Employer:      
      
      
      
 
   If to Illustrator:         
         
      
      
 
13.   Headings.   The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
 
14.   Entire Agreement.   This Agreement constitutes the entire agreement between Employer and Illustrator, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
 
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
 
 
EMPLOYER
 
                  
Signature
                  
Print Name
                  
Title
ILLUSTRATOR
 
                  
Signature
                  
Print Name
 
 
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