1. Definitions

To avoid confusion, here’s what the following terms mean throughout this agreement:

• Client – the individual or entity commissioning or purchasing artwork from Erskine Designs.

• Artist – Erskine Designs (Mark Erskine).

• Premade Artwork – existing artworks created independently by the Artist and made available for purchase.

• Commissioned Artwork – custom artwork created specifically for the Client based on their brief.

• Exclusive Commercial Rights – the Client has exclusive rights to commercially use the artwork (e.g., album cover, merch, branding), while the Artist retains copyright and may still use the artwork for personal monetization (e.g., prints), unless otherwise agreed.

• Full Copyright – complete legal ownership of the artwork is transferred to the Client, including all rights to reproduce, modify, resell, and distribute the work.

Even in full copyright transfers, the Artist retains the non-transferable right to display the artwork in their portfolio, social media, or promotional materials, unless explicitly waived in writing.

2. Project Process

• Work begins after agreement on scope, timeline, and a 50% non-refundable deposit.

• The remaining 50% is due upon completion before high-resolution files are delivered.

• Standard turnaround: 2–6 weeks depending on complexity and queue.

• Delays due to personal, health, or emergency reasons will be communicated promptly.

3. Revisions

• 3 rounds of revisions are included depending on the project scope.

• Major changes or multiple revision rounds may incur additional fees.

• Revisions must be requested before final approval and delivery.

4. Usage Rights & Licensing

Upon full payment, the Client receives the agreed-upon exclusive commercial usage rights to the artwork (as defined in Section 1), unless a Full Copyright transfer has been specifically purchased and agreed upon in writing.

• Premade artworks & Commissioned Artworks:

  • The Client receives exclusive commercial usage rights.

  • The Artist retains legal copyright and the right to use the artwork for self-promotion, portfolios, and art books.

5. Deposits & Payments

• A 50% deposit is required to reserve a slot or claim an existing artwork.

• The deposit is non-refundable.

• If the remaining balance is not paid within four (4) weeks, the Artist reserves the right to resell the artwork.

6. Cancellations & Refunds

• If the Client cancels the project after work has begun, no refunds will be issued for work already completed.

• If the Artist cancels due to unforeseen circumstances, the deposit will be refunded in full.

7. Display & Promotion

• The Artist may display completed artwork (including commissioned and fully transferred works) in their portfolio, on social media, or in promotional content.

• If the Client requires confidentiality (e.g., unreleased projects or ghost work), this must be stated in advance, and an NDA can be arranged.

8. Governing Law

These terms are governed by the laws of the Artist’s current country of residence (Armenia) and the jurisdiction of business registration (United States). Any disputes shall be resolved in accordance with the applicable laws of either jurisdiction, unless otherwise agreed upon in writing by both parties.

9. Updates to Terms

Erskine Designs reserves the right to update these terms at any time. Ongoing or future projects will be subject to the most recent version and the Client will be notified in advance.

G E N E R A L T E R M S

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