Terms
GENERAL TERMS AND CONDITIONS – AGENT (ILLUSTRATION / DESIGN) – 2026 – Art Associates Amsterdam
• Article 1 – Definitions
The Illustrator = the creator of the work
The Agent = the exclusive or non-exclusive representative of the Illustrator
The Client = the party commissioning the work
The Work = works in the fields of literature, science, or art, as referred to in Article 10 of the Dutch Copyright Act
• Article 2 – Applicability
These general terms and conditions apply to all offers, assignments, agreements, and deliveries of the Agent regarding the mediation and delivery of illustrations and related creative work.
Deviations from these terms and conditions are only valid if explicitly agreed in writing. Any general terms and conditions of the Client are explicitly rejected.
• Article 3 – Offers and Formation of Agreement
All offers by the Agent are non-binding. An agreement is formed once the Agent has received confirmation of the assignment from the Client or has given written consent to the assignment.
• Article 4 – Prices and Costs
The price consists of the Illustrator’s fee (creation fee) plus a fee for the agreed usage of the Work. All costs necessary for the execution of the agreement, including travel, documentation, research, production costs, and third-party costs, are borne by the Client. Additional work will be charged reasonably.
• Article 5 – Cancellation and Termination
In case of cancellation by the Client:
- 25% of the agreed price if the assignment is canceled before commencement
- 50% if canceled during the sketch phase
- 100% if canceled after completion
If the Client fails to meet obligations, does so late or incompletely, or in case of bankruptcy, suspension of payment, or liquidation, the Agent is entitled to suspend or terminate the agreement without notice of default.
• Article 6 – Force Majeure
Force majeure refers to any circumstance beyond the control of the Agent or Illustrator that prevents full or partial execution of the agreement.
Included are: war, riots, strikes, transport problems, fire, illness, and disruptions in the Agent’s or Illustrator’s business. The Agent and Illustrator are not liable for damage caused by force majeure.
• Article 7 – Delivery
Stated delivery times are indicative only. Exceeding them does not entitle the Client to compensation or termination.
• Article 8 – Complaints
Complaints must be submitted in writing within 8 days of receipt of the Work. Use of the Work by the Client or third parties constitutes approval. Complaints do not entitle the Client to suspend payments.
• Article 9 – Use of the Work
“Use” refers to reproducing, duplicating, and/or publicly displaying the Work. The agreement specifies the permitted period, medium, territory, and fee for such use. In the absence of specific agreements: one year of use within the Netherlands. At least one copy of the final product must be provided to the Agent or Illustrator. Written permission is required for additional or renewed use.
Additional Usage Provisions:
Prohibition on Alteration
The Client may not modify, distort, adapt, or use the Work in a modified context without prior written permission from the Illustrator or Agent. Permission may be subject to conditions or additional fees.
Additional Fee for Reuse
Unauthorized additional use is only permitted after written consent. Additional fees apply for such use.
Attribution (Credit)
The Illustrator must be clearly credited in any public display or publication of the Work, unless otherwise agreed in writing.
Prohibition on Transfer or Sublicense
The Client may not transfer, sell, sublicense, or make the usage rights available to third parties, in whole or in part, without prior written permission from the Agent or Illustrator. Third parties include affiliated companies, partners, licensees, and distributors.
Use for Artificial Intelligence (AI)
The Client is not permitted to use the Work for AI applications, including AI training, machine learning, generative systems, datasets, databases, scraping, or data mining. Use by third parties or platforms is also prohibited. Such use is only allowed with written permission from the Illustrator/Agent. In case of violation: immediate penalty of €5,000 per violation plus €1,000 per day the violation continues, without prejudice to the right to full compensation.
• Article 10 – Ownership of the Work
Ownership remains with the Illustrator unless otherwise agreed in writing. Original works must be returned undamaged and in original condition within 6 months. In case of damage or late return: compensation equal to the agreed price.
• Article 11 – Payment
Invoices must be paid within 30 days of the invoice date, without deduction or set-off. Late payment: 1% interest per month on the outstanding amount, plus collection costs. Publication or use of the Work may be prohibited until full payment is made.
Payment Risk
The Agent is not liable for damage, costs, or lost income due to non-payment or bankruptcy. All usage rights automatically expire if payment is not made or incomplete. Use of the Work without permission from that moment constitutes copyright infringement. The Agent and/or Illustrator may immediately stop usage and claim full compensation.
• Article 12 – Liability
The Agent is not liable for damage caused by the Illustrator or third parties. Liability is limited to the amount of the fee.
• Article 13 – Intellectual Property
All intellectual property rights remain with the Illustrator unless otherwise agreed in writing.
• Article 14 – Indemnification
The Client indemnifies the Agent and Illustrator against claims from third parties arising from the use of the Work.
• Article 15 – Moral Rights
The Illustrator may sign the Work and be credited as the creator unless otherwise agreed in writing.
• Article 16 – Applicable Law and Disputes
All agreements are exclusively governed by Dutch law. Disputes are submitted exclusively to the competent court in Amsterdam.
