Contract Highlights:

=> KILL FEE -- The contract states: "Should the Art Buyer decide the artwork represents a clear deviation from the artist's established quality and style or that the artwork will not be used for any other reason, we will pay you a kill fee of 50% of the agreed fee."

NOTE: In using this wording, Herring does something very common: they combine a rejection fee and a cancellation fee into one provision covering "kill fees." If the project is killed during a preliminary phase, Herring's payment of 50% of the fee is a reasonable amount. However, if the final artwork was submitted, accepted by the client, and the project then killed by the client, for reasons beyond the artist's control, the artist is entitled to full payment forthe completed work.

=> THE DURATION OF THE EXCLUSIVE RIGHTS PERIOD -- The contract states: "Our exclusive rights extend until 90 days after the publication date..."

This is a clearly stated and reasonable provision.

=> REUSE OF THE ARTWORK in electronic media is not reimbursed. Bad news. But...

=> REPUBLICATION IN BOOKS AND COMPILATIONS is reimbursed, at 50% of the original fee. Good news.

=> OWNERSHIP OF ORIGINALS -- The contract states that the artist "shall retain ownership of all original artwork." This is a good provision, offering some protection for the artist, by making it clear that Herring is paying for specific rights to use the artwork, as opposed to purchasing it outright.

=> DAMAGE TO ARTWORK -- The contract states that Herring assumes responsibility for damaged, lost or destroyed artwork up to $1,500. This is another provision that helps to protect the artist.

Well done, Herring!