Designer: Vincent J Holbrook – The VANGO STUDIO
Client: The individual, author, publisher, company, or other entity engaging the Designer for creative services.

 

These Terms & Conditions apply to all creative services provided by Vincent J Holbrook – The VANGO STUDIO (“Designer”) to the person or entity purchasing those services (“Client”). By approving a quote, paying a deposit or booking fee, or otherwise authorizing the Designer to begin work, the Client acknowledges that they have read, understood, and agreed to these Terms & Conditions.

 

1. GENERAL

1.1. Scope of Services

The Designer provides creative services including, but not limited to, illustration, artwork, book cover design, concept art, graphic design, and related creative services.

The specific services, deliverables, pricing, schedule, number of revisions, and other project requirements will be agreed upon in writing before work begins.

 

1.2. Project Agreement

These Terms & Conditions apply together with any written quotation, invoice, project brief, email agreement, or other written communication establishing the specific details of the project.

In the event of a conflict between these Terms & Conditions and a specific written project agreement, the specific project agreement will take precedence for that project.

 

1.3. Right to Refuse Work

The Designer reserves the right to decline any project or service request at their discretion.

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2. COPYRIGHT, OWNERSHIP & LICENSE OF USE

2.1. Copyright Ownership

Unless otherwise agreed to in writing, all copyright and intellectual property rights in the original artwork, illustrations, designs, concepts, sketches, drafts, compositions, working files, and other creative materials created by the Designer remain the sole property of the Designer, Vincent J Holbrook – The VANGO STUDIO.

Payment for a project does not automatically constitute a transfer of copyright ownership.

 

2.2. Client License

Upon receipt of full payment, the Designer grants the Client a perpetual, worldwide, non-exclusive license to use the approved final artwork for the specific book, product, or project for which it was commissioned.

For book-related projects, this license includes use of the final artwork for:

• Printed editions of the book

• eBooks and digital editions

• Audiobook marketing and associated promotional materials

• Online bookstores and retailer listings

• The Client's website

• Social media

• Email newsletters

• Advertisements

• Book trailers and promotional videos

• Press materials

• Author or publisher promotional materials

• Other marketing and promotional purposes directly related to the specific book or project

The Client may reproduce the final artwork as reasonably necessary to publish, promote, and market the specific project.

 

2.3. No Transfer of Copyright

The Client does not acquire copyright ownership of the Designer's original artwork unless a separate written copyright transfer agreement has been executed.

The Client may not claim copyright ownership of the Designer's original artwork or represent themselves as the creator of the artwork.

 

2.4. Modification of Final Artwork

The Client may make minor technical adjustments to the final delivered artwork when reasonably necessary for publishing or digital display, such as resizing, cropping, or formatting to meet the requirements of a printer, retailer, website, or publishing platform.

The Client may not substantially alter, manipulate, edit, recolor, redraw, or create derivative works from the Designer's artwork without the Designer's prior written permission.

If substantial alterations are required, the Client may request that the Designer perform the work for an additional fee.

 

2.5. Portfolio & Promotional Rights

The Designer retains the right to display completed artwork and approved project materials in their professional portfolio, website, social media, professional presentations, promotional materials, and other self-promotional activities.

The Designer may identify the Client, author, publisher, project, and book title when displaying the work for professional or promotional purposes.

The Designer will respect any mutually agreed-upon publication date or public reveal date. The Designer will not publicly display confidential or unreleased work before the agreed-upon reveal date without the Client's written permission.

 

2.6. Preliminary Concepts, Drafts & Unused Artwork

All preliminary sketches, concepts, drafts, rejected designs, unused artwork, and alternative concepts remain the property of the Designer.

Unless otherwise agreed in writing, preliminary concepts and rejected artwork are not licensed to the Client for public or commercial use.

The Designer reserves the right to reuse rejected concepts, unused artwork, or elements of preliminary designs in future personal or commercial work, provided that such reuse does not disclose the Client's confidential information or improperly represent the Client's project.

 

2.7. Copyright Transfer / Buyout

If the Client requires full copyright ownership of the final artwork, this must be discussed and agreed upon in writing before the project begins.

A copyright transfer or buyout will require an additional fee determined by the Designer based on the scope and commercial value of the project.

Copyright ownership will not transfer automatically upon completion of the project or payment of the standard project fee.

 

3. CLIENT USE & EDITING OF ARTWORK

3.1. Intended Use

The Client agrees to use the final artwork only for the purposes described in the agreed project scope and license.

Use of the artwork for substantially different products, projects, or commercial purposes may require an additional license or fee.

 

3.2. Reuse of Artwork and Components

Unless otherwise agreed in writing, the Client may not extract, reuse, sell, sublicense, distribute, or repurpose individual illustrations, characters, design elements, compositions, or other components created by the Designer for use in unrelated projects.

For example, artwork created specifically for a book cover may not be removed from the cover and used independently on merchandise, posters, additional books, or other commercial products without the Designer's written permission.

 

3.3. Third-Party Editing

The Client may not provide the Designer's artwork or source materials to another designer, artist, or creative professional for substantial alteration or reuse without the Designer's prior written permission.

 

3.4. Preliminary Work

Drafts, sketches, rough concepts, and rejected designs are provided for review and approval only. They may not be publicly displayed, commercially used, altered, or distributed without written permission from the Designer.

 

4. STOCK IMAGES, THIRD-PARTY ASSETS & LICENSING

4.1. Licensed Materials

Where appropriate, the Designer may incorporate licensed stock photography, illustrations, textures, fonts, graphics, or other third-party assets into a project.

These assets may be obtained through third-party providers such as Depositphotos, Envato Elements, or other licensed content providers.

 

4.2. Third-Party Ownership

Third-party assets remain subject to the copyright and licensing terms of their respective owners and providers.

The Client does not receive ownership of individual stock images or other third-party assets incorporated into the final design.

The Client receives the right to use the completed design in accordance with the applicable license terms.

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4.3. Client Responsibility for Extended Licensing

The Designer will use reasonable care to select appropriate licenses for the intended use communicated by the Client.

If the Client intends to use the artwork in a manner that requires an extended, enhanced, exclusive, merchandise, print-volume, or otherwise different license, the Client must notify the Designer before such use.

Any additional licensing costs will be the responsibility of the Client unless otherwise agreed in writing.

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4.4. Stock Asset Reuse

Stock images, graphics, textures, or other licensed elements incorporated into a project may not be extracted from the final artwork and reused, sold, distributed, or licensed separately by the Client unless the applicable third-party license expressly permits such use.

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4.5. Stock Credit Information

Where appropriate, the Designer may provide the Client with information identifying third-party stock assets used in the project and/or relevant licensing information.

The Designer is not responsible for licensing issues resulting from a Client's use of an asset outside the scope of its applicable license.

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5. CLIENT-PROVIDED MATERIALS & PUBLISHING RIGHTS

5.1. Client Responsibility

If the Client provides photographs, illustrations, text, logos, characters, trademarks, artwork, manuscripts, or other materials for use in the project, the Client represents that they have obtained all necessary rights, permissions, and licenses to use those materials.

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5.2. Copyright & Permission

The Client is solely responsible for the accuracy and legal status of any materials they provide, including copyright, trademark, publicity rights, and other intellectual-property rights.

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5.3. Indemnification

The Client agrees to indemnify and hold harmless the Designer from claims, damages, liabilities, costs, and expenses arising from the Client's unauthorized use of materials provided by the Client or from any claim that such materials infringe the rights of another party, to the extent permitted by applicable law.

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5.4. Right to Refuse Materials

The Designer reserves the right to refuse or remove Client-provided materials if the Designer reasonably believes that their use may violate copyright, trademark, licensing restrictions, applicable law, or the rights of another person or organization.

The Designer may request proof of ownership or permission before incorporating Client-provided materials into a project.

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6. ARTIFICIAL INTELLIGENCE (AI) POLICY

6.1. Protection of Designer's Work

The Designer's artwork, designs, drafts, concepts, illustrations, and creative materials are human-created intellectual property and may not be submitted to artificial intelligence systems for unauthorized generation, training, modification, or creation of derivative works.

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6.2. Prohibited Uses

Without the Designer's prior written permission, the Client may not upload, submit, scan, process, or otherwise provide the Designer's artwork, drafts, concepts, or source files to:

• Generative AI image or video platforms

• AI systems used to generate derivative artwork

• AI training or dataset services

• AI systems designed to reproduce or imitate the Designer's artwork

• AI enhancement or transformation systems that materially alter the artwork

• Other AI-based systems where the use would result in unauthorized processing, reproduction, modification, or derivative creation of the Designer's work

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6.3. AI Analysis and Detection Services

The Designer may restrict the use of their artwork with AI analysis or detection services where such submission involves uploading, storing, processing, retaining, or otherwise providing the artwork to a third-party system.

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6.4. Unauthorized AI Use

Unauthorized submission or use of the Designer's artwork in connection with AI systems may constitute a breach of these Terms & Conditions.

The Designer reserves the right to terminate ongoing services, retain non-refundable payments, revoke pending services where legally permissible, and decline future work in response to unauthorized use.

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7. PROJECT SCHEDULING & CLIENT DELAYS

7.1. Estimated Schedule

The Designer will make reasonable efforts to complete the project within the timeframe agreed upon with the Client.

Project schedules may vary depending on project complexity, revisions, Client responsiveness, availability of required materials, and other circumstances.

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7.2. Client Responsibilities

The Client agrees to provide all necessary information, reference materials, text, images, feedback, approvals, and other materials required for the Designer to complete the project.

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7.3. Delays

If the Client delays providing required materials, feedback, approvals, or payment, the project schedule may be extended accordingly.

The Designer is not responsible for missed deadlines caused by Client delays.

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7.4. Communication

The Client agrees to respond to reasonable project communications in a timely manner. Extended periods without communication may result in the project being rescheduled based on the Designer's availability.

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8. APPROVALS & REVISIONS

8.1. Client Approval

The Client is responsible for carefully reviewing all artwork, text, dimensions, spelling, formatting, colors, images, and other project details before approving the final design.

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8.2. Included Revisions

Unless otherwise stated in the project agreement, the project includes up to five (5) rounds of revisions.

A revision round consists of one consolidated set of reasonable changes provided by the Client.

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8.3. Additional Revisions

Additional revision rounds beyond the included amount may be billed at the Designer's current hourly or project rate.

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8.4. Scope Changes

Requests that substantially change the original creative direction, concept, composition, subject matter, or project scope may be considered a new project or require an additional fee.

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8.5. Changes After Approval

Significant changes requested after approval of the final design, or after final files have been delivered, will require an additional fee.

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8.6. Final Approval

Once the Client has approved the final artwork, the Designer is not responsible for errors that could reasonably have been identified during the Client's review and approval process.

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9. PRICES, DEPOSITS & PAYMENT

9.1. Project Booking

A booking fee and/or deposit may be required to secure a project slot. The amount will be communicated to the Client before work begins.

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9.2. Deposit

Unless otherwise agreed in writing, a deposit of fifty percent (50%) of the total project fee may be required before the Designer begins work.

The remaining balance will be due upon approval of the final design and before delivery of final high-resolution files.

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9.3. Payment Method

Unless otherwise agreed in writing, payments must be made through the payment method specified by the Designer, such as PayPal or another approved payment platform.

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9.4. Final Files

Final high-resolution and/or publishing-ready files will not be released until the project balance has been paid in full.

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9.5. Late Payment

If payment is not received when due, the Designer may pause work and/or withhold delivery of final files until the outstanding balance has been paid.

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9.6. Pricing

The Designer reserves the right to provide a custom price for any project. All project fees, additional fees, licensing fees, and other charges will be communicated to the Client before the applicable work begins.

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10. PROJECT CANCELLATION & TERMINATION

10.1. Client Cancellation

If the Client cancels a project after work has begun, the Designer may retain the deposit or booking fee to compensate for reserved project time and work already performed.

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10.2. Cancellation During Early Stages

If cancellation occurs while the Designer is working on initial concepts, sketches, or early design development, the deposit may be retained as a cancellation fee.

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10.3. Cancellation During Later Stages

If cancellation occurs after substantial work has been completed, including final illustration, line work, coloring, detailed design, or other advanced stages, the Client may be responsible for additional fees reflecting the work completed beyond the initial deposit.

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10.4. Rescheduling

Projects may be rescheduled by mutual agreement where reasonable notice is provided and the Designer's schedule permits.

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10.5. Designer Termination

The Designer reserves the right to terminate a project if the Client engages in abusive, discriminatory, threatening, fraudulent, unlawful, or otherwise inappropriate conduct, materially breaches these Terms & Conditions, or repeatedly fails to provide required materials, approvals, or payment.

Where appropriate, the Designer will communicate the reason for termination and any outstanding financial obligations.

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11. RAW FILES & SOURCE MATERIALS

11.1. Source Files Not Included

Editable source files, including but not limited to Photoshop (.PSD), Illustrator (.AI), Procreate, layered working files, and other raw project files are not included in the standard project fee unless specifically stated in writing.

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11.2. Licensing Restrictions

Source files may contain third-party assets, stock images, fonts, textures, or other licensed materials that cannot legally be transferred to the Client.

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11.3. Source File Purchase

Where technically and legally possible, editable or partially editable source files may be made available for an additional fee.

The Designer may decline to provide source files where doing so would violate third-party licensing restrictions or otherwise compromise the Designer's intellectual property.

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12. LIABILITY & CLIENT RESPONSIBILITIES

12.1. Client Review

The Client is responsible for reviewing the final artwork before publication, printing, distribution, or commercial use.

The Client is strongly encouraged to obtain a physical proof from their printer or publishing service before ordering large quantities of printed materials.

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12.2. Text & Information

Once the Client approves the final design, the Client assumes responsibility for the accuracy of supplied text, names, titles, ISBNs, dimensions, logos, credits, images, and other factual or publishing information.

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12.3. Printing & Publishing

The Designer is not responsible for errors, color variations, cropping, printing defects, formatting issues, platform requirements, or other problems caused by third-party printers, publishers, retailers, or distribution platforms.

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12.4. Limitation of Liability

To the maximum extent permitted by applicable law, the Designer's liability arising from a project will be limited to the amount actually paid by the Client for the specific services giving rise to the claim.

Nothing in these Terms & Conditions excludes or limits liability that cannot legally be excluded or limited under applicable law.

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13. FILE STORAGE & ARCHIVING

13.1. File Retention

The Designer intends to retain project files for a period of two (2) years following project completion.

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13.2. File Recovery

If project files remain available during this period, the Designer may provide replacement copies of previously delivered final files upon reasonable request.

The Designer does not guarantee that files will remain available indefinitely and recommends that the Client maintain their own backups of all final files.

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14. CONFIDENTIALITY

14.1. Client Information

Information and project materials provided by the Client will be treated as confidential when the Client reasonably identifies them as confidential or when their confidential nature is apparent from the circumstances.

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14.2. Project Materials

The Designer will not knowingly disclose confidential manuscripts, unpublished materials, private communications, or other confidential information provided by the Client to unrelated third parties, except where disclosure is necessary to complete the project or required by law.

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14.3. Portfolio Exception

Confidentiality does not prevent the Designer from exercising the portfolio and promotional rights described in Section 2.5 after the agreed public reveal date.

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14.4. Author & Book Information

Once a project has been publicly announced or released, the Designer may use the Client's professional name, author name, publisher name, book title, and publicly available project information for portfolio and promotional purposes.

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15. ATTRIBUTION

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15.1. Designer Credit

Where reasonably possible, the Designer requests and may require that appropriate design or illustration credit appear in the Client's published book or project.

Suggested credit:

“Cover Design © Vincent J Holbrook – The VANGO STUDIO”

or

“Illustration © Vincent J Holbrook – The VANGO STUDIO”

The specific placement of the credit may be agreed upon with the Client.

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16. FORCE MAJEURE

Neither party will be considered in breach of these Terms & Conditions for delays or failure to perform caused by circumstances beyond their reasonable control, including but not limited to natural disasters, fire, flood, war, governmental action, widespread technical failures, serious illness, or other events that could not reasonably have been anticipated or prevented.

The affected party will make reasonable efforts to notify the other party and resume performance as soon as reasonably practical.

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17. ACCEPTANCE OF TERMS

By paying a deposit or booking fee, approving a project quote, authorizing work to begin, or otherwise proceeding with the project, the Client acknowledges that they have read, understood, and agreed to these Terms & Conditions.

These Terms & Conditions, together with the applicable project quote, invoice, and written project agreement, constitute the agreement between the Client and Vincent J Holbrook – The VANGO STUDIO for the services described therein.