TERMS OF SERVICE | Book Cover Design by Sleepy Fox Studio

SFS TERMS OF SERVICE

Below is an exact copy of the contract required to be signed by all clients at the start of a project.

Last updated: November 27th, 2022

CLIENT NAME: {{client.name}}

DESIGNER NAME: Kelley York of Sleepy Fox Studio

PROJECT TITLE: {{job.title}}

Sleepy Fox Studio by Kelley York is a licensed business in California. Base prices are located on the pricing page of the website and are subject to change depending on the complexity of a project. Kelley York of Sleepy Fox Studio (hereafter referred to as "Designer") reserves the right to give the author, {{client.firstName}} {{client.lastName}} (hereafter referred to as "Client"), a price differing from those listed on the website. All prices and fees will be disclosed upfront prior to work beginning.

PAYMENT

Payments are to be remitted by Client via Dubsado, a third party business management system. SFS requires payment prior to the start date of all projects. Work will not begin until payment is received in full. If booking more than one (1) month in advance, a $50 deposit per cover will be required to hold your spot.

CANCELLATION

In the event Client cancels within two (2) weeks of their scheduled booking, a $50 kill fee will be enacted and the rest of any funds paid upfront will be refunded within thirty (30) days. In the event Client cancels with less than two (2) weeks notice, a $100 kill fee will be enacted and any balance paid upfront will be refunded within sixty (60) days.

In the event a Client is a no-show and cannot be contacted within two (2) weeks after their start date, no refunds will be issued for any funds paid.

There are no penalties for rescheduling. SFS understands that publishing schedules frequently change and we do our best to accommodate. Please let us know within two weeks of your scheduled start date to give us a chance to refill your spot.

SCHEDULING

All covers are scheduled prior to payment exchange. Designer strives to get all work done as timely as possible. If Client's preferred date is booked and Client has a deadline to make that requires overtime on Designer's part, a rush fee will be in order and can be discussed in advance. This fee is typically 50% of the job total, but is up to Designer's discretion based on current workload and the scope of the project.

Designer maintains a public Trello board intended for Clients to monitor where their project is in line at any given time.

We request that Client sends a full briefing of their project prior to their start date so that Designer has ample time to review and ask questions as needed. In the event Client submits this information late, Designer has the right to request a reschedule, or the project may be pushed to the back of the current "in progress" list. This will depend on how late the information was received, how full the week's schedule is, and the complexity of the project.

CREDIT

Please credit Sleepy Fox Studio somewhere within your book, such as on the copyright page, or on the back cover itself. Links should direct to www.sleepyfoxstudio.net.

RAW FILES

The listed prices DO NOT GIVE CLIENTS ACCESS TO THE RAW .PSD FILES used to create your cover, due to copyright reasons and licensing restrictions on stock photos used. If Client or an associated third party agent (e.g., Amazon Advertising or Tantor Audio) has a need for a working file, a .psd with flattened artwork and separate text can be supplied for a fee.

Designer retains copyright to the completed cover design (similar to buying a painting: you own the painting and can display it however you wish but the artist retains the copyright). Designer retains the right to display the work in her portfolio(s), on social media, or as a printed work for promotional purposes.

Client has the exclusive license to use the final cover design (.pdf, .jpg, or other publishing-ready format) for their book cover and associated promotional materials. Client is responsible for following the licensing rules of the images and fonts used. Designer is not liable for Client misuse.

You may not use Sleepy Fox Studio designs, in whole or in part, or as part of a derivative work, to create or sell non-fungible tokens (NFTs) of any kind.

For projects that do not contain stock photograph (such as those in the Platinum Package), Client may discuss purchasing full exclusive copyright from Designer. This would grant Client unrestricted rights to alter, redistribute, edit, or re-sell the design. Designer would request only to retain the right to display the work in her portfolio. Fees vary depending on scope of rights being transferred. For more information on copyright transfer regarding book covers, please read this informative article from Creative Law Center.

LOGOS

Logos are priced on complexity. Logos using stock images are not eligible to be trademarked due to licensing restrictions. Trademark is only possible on logos that are fully custom illustrated. Upon delivery of files for a fully custom illustrated logo, Designer hands over full copyright to Client.

EDITING OF FILES

Clients may not, without prior consent from Designer, "cut out" sections of their covers for use on future covers or other work unrelated to the book it was designed for. When in doubt, please ask first.

PRIVACY

Information supplied via this website will never be sold or supplied to outside sources. It is only for use by Designer for the purpose of communication for Client's project.

PRESERVATION OF FILES

Designer guarantees to keep all working files for four (4) years. Should a file become lost or damaged, Designer will recreate the file at no cost to the client.

REVISIONS - CUSTOM COVERS

Designer wants to ensure all Clients are completely happy with their covers. Revisions are limited to four (4) rounds.

Additional revisions will incur additional fees beginning at $25 and vary upon complexity.

Major revisions to a design after the initial concept has been approved will incur additional fees beginning at $50.

Scope of these fees varies on complexity and will always be discussed with Client first to go over options.

REVISIONS - INTERIOR FORMATTING

Revisions of formatting errors will be performed until all errors have been corrected. "Formatting errors" are defined as errors within the actual formatting and not author errors, such as grammatical and spelling inaccuracies. Manuscripts should be fully edited upon submitting for formatting. Designer understands that such typos can and do slip through even the most rigorous of editorial rounds. For this reason, up to 5 author errors will be corrected free of charge. Author errors beyond those 5 will incur a $5 fee per fix.

PUBLIC REVEAL OF COVERS AND DISCARDED CONCEPTS

Designer reserves the right to display Client's finished cover in their portfolio and on social media sites at their discretion, however, they will grant Client appropriate time for the public reveal of said cover. After six (6) months, if the cover has not been made public, Designer reserves the right to post in their portfolio.

Designer reserves the right to display any version of the cover that was created during the process if they feel it is a better representation of their skills and work than the final product.

Designer reserves the right to take any discarded concepts that differ from the final product and reuse them at a later time, either for another client or as a pre-made cover.

USE OF AI-GENERATED ART

As of this moment, AI-generated art has questionable legal and moral issues to be ironed out. Designer will not utilize AI-generated artwork in their pieces unless specifically requested by Client. In the event this occurs, Client accepts all legal responsibility for the use of these images on their exterior cover or interior formatting.

INFORMATION ON STOCK IMAGES

All stock images will be purchased under the Standard License from DepositPhotos.com. Images requested by Client from other stock sites (such as ShutterStock.com, Neo-stock.com, etc.) can also be discussed.

A Standard License permits use on eBook and print book covers, as well as promotional materials such as business cards or bookmarks (which fall under the "unusual size business card" category, and must contain promotional information, not just artwork). Standard Licenses DO NOT COVER things such as physical products i.e. mugs, t-shirts, stickers, tote bags, etc. intended for resale and distribution. Client will need to purchase an Extended License for this usage.

A Standard License covers printed books up to a total of 500,000 units printed. If Client finds their sales exceed that number, an extended license will need to be purchased. Designer is happy to provide links to any and all stock images used at the time of ordering.

Client is responsible for following the licensing terms of all stock photography. Designer is not liable for Client misuse.

To review what DepositPhotos covers under their Standard vs. Extended Licenses, please see here:

https://depositphotos.com/license-comparison.html

We welcome any and all questions or requests for clarification on any of the above items.