Service agreement
This Agreement (“Agreement”) is between Meike Latz AB (org. number 559372-9063), at Trålgränd 5, Stockholm, Sweden (F-tax registered), hereafter referred to as the Illustrator, and [Client Name], located at [Address], hereafter referred to as the Client.
1. Scope of Work and Deliverables
The Illustrator agrees to carry out illustration work as specified by the Client. The process will include two stages. In the first stage, the Illustrator will provide an initial draft sketch for the Client’s feedback. In the second stage, the Illustrator will produce one refined version and the final full illustration. The final deliverables will consist of high-resolution raster image files (such as PNG, TIFF, or JPEG) in formats suitable for the Client’s intended use.
The Illustrator guarantees that all delivered material shall be the result of the Illustrator’s own original creation. Source or raw files (such as PSD or AI) are not included in the delivery unless otherwise agreed in writing and subject to an additional fee.
2. Revisions and Additional Work
The Client is entitled to a maximum of two revisions of the draft sketches and one revisions of the final illustration. Any further revisions or significant changes beyond the agreed scope shall be considered additional work and billed at a rate of 850 SEK per hour or at another rate agreed in advance. No additional work will be undertaken without the Client’s prior approval.
Additional time spent on changes or additions that are not included in this Agreement shall be invoiced separately to the Client as an additional cost. The Client shall not bear costs for corrections made necessary by mistakes or errors committed by the Illustrator.
3. Timeline and Milestones
Work shall commence upon signature of this Agreement. The Illustrator will deliver the draft sketches within a week or otherwise specified time frame, and the final illustration by the agreed deadline, provided that the Client supplies timely feedback at each stage.
The Illustrator shall promptly inform the Client of any delays in delivery. If a project is postponed or cancelled by the Client, the Illustrator shall be compensated for time already spent up to the date of postponement or termination. In such a case, no rights to the work shall pass to the Client.
4. Payment Terms
The total fee for the commissioned work shall be as discussed at the beginning of the project (excluding VAT where applicable). For project exceeding 30 000 SEK, the Client agrees to pay fifty percent (50%) of the total fee as a non-refundable deposit upon signing this Agreement, and the remaining fifty percent (50%) upon completion and delivery of the final illustration.
The Illustrator has the right to compensation both for time spent on the work and for the rights granted under this Agreement. Payment shall be made by Bank transfer within thirty (30) days of invoice date. Late payments will incur interest at the rate of two percent (2%) per month in accordance with the Swedish Interest Act (räntelagen), as well as any statutory collection costs.
5. Copyright, Ownership and Usage Rights
The Illustrator retains all copyright and moral rights under the Swedish Copyright Act (Upphovsrättslagen). Upon full payment, the Client is granted a license to use the final illustration for the specific purpose, territory, duration, and exclusivity as agreed in writing between the parties. If no such limitations are specified, the license shall be deemed non-exclusive, perpetual, and worldwide, but limited to the original purpose described by the Client.
No changes, adaptations, or modifications of the Illustrator’s work may be made without the Illustrator’s prior written approval.
The Client may request full transfer of copyright, which will be subject to an additional fee of about two and a half (2.5) times the agreed illustration cost. Such transfer shall only take effect once full payment of both the original fee and the transfer fee has been received. As a general rule, full buyouts (“friköp”) of copyright should not be entered into. In the exceptional case where such an agreement is made, the Client shall compensate the Illustrator for all potential future income losses resulting from such a buyout.
Ownership of all physical or digital originals remains with the Illustrator. Upon completion or termination of the assignment, the Client shall return any physical originals and delete any digital originals, unless otherwise agreed. Purchase of the physical or digital original artwork shall be compensated separately and is distinct from licensing of usage rights.
If any ambiguity arises in the interpretation of this Agreement, such ambiguity shall be interpreted in favour of the Illustrator, as the weaker party in the contractual relationship. Only rights that are expressly transferred or licensed under this Agreement shall be deemed granted to the Client.
6. Moral Rights
The Illustrator shall be credited in a clear and reasonable manner whenever the work is used, unless it is technically or practically impossible to do so. The Client may not alter the illustration in a manner that is prejudicial to the Illustrator’s reputation or artistic integrity.
7. Portfolio and Self-Promotion
The Illustrator retains the right to display the commissioned work, including drafts, as part of their professional portfolio, on websites, in social media, in teaching materials, and in other self-promotional contexts, unless the Client expressly prohibits this in writing.
8. Termination and Kill Fee
The Client may terminate this Agreement at any time by written notice. In the event of termination, the deposit shall remain non-refundable. The Client shall also pay for all work completed up to the date of termination on a pro rata basis. Additionally, the Illustrator may charge a kill fee of 20 % to compensate for lost scheduling and opportunity costs. In the event of termination, no rights to the work shall pass to the Client.
9. Communication
The Client shall designate a primary contact person responsible for approvals and feedback. Both parties agree to maintain timely communication and respond within three days to avoid delays, unless otherwise agreed.
10. Errors and Acceptance
The Client shall raise any claim regarding defects or errors in the delivered material within eight (8) working days of delivery. After this period, the material shall be considered accepted and approved.
11. Pitches and Sketch Assignments
For pitches or sketch assignments, the Client shall pay the Illustrator fair market compensation for the time invested. Copyright to all material produced for a pitch or sketch assignment remains with the Illustrator unless otherwise agreed in writing. Should the Client wish to acquire copyright or extended usage rights to such material, a separate written agreement must be made concerning scope of use and corresponding compensation.
12. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of Sweden. Any dispute arising under or in connection with this Agreement shall first be resolved through good faith negotiations between the parties. If resolution cannot be reached, the matter shall be settled by the Stockholm District Court (Stockholms tingsrätt). The parties may also agree to mediation or arbitration as an alternative to court proceedings.
13. Entire Agreement and Amendments
This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior negotiations and discussions. Any amendments must be made in writing and signed by both parties. This Agreement may be executed electronically and in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.