Digital Illustrator, Concept Artist and Animator

About Me

You can view my Portfolio page by either clicking here or using the button at the bottom of the page.I'm a passionate artist and illustrator based in North West England. Designing characters and telling stories has always been something I strive to do and continuously push myself to improve on using many points of influence in my designs.Travelling is something I love to do as it gives myself new experiences, further expanding on my own ideas. I always take pictures to collect reference when travelling to help with reference with my trusted sketchbook on hand.I always appreciate a challenge to my own digital art skills, striving to improve my own knowledge of the medium as well as learning new approaches to working.Showcasing my journey and entertaining others is something I take pride in and this includes you.

Portfolio

Here you can find various artwork of mine, including character designing, concept art, illustration work and animations.All help bring my work to life and bringing entertainment to audiences.More of my work can also be viewed on my Social Media pages which are updated frequently which include experimental pieces, sketches and my progress of how my work is created. These will be linked at the bottom of the page.For anyone with business inquiries, please get in touch by emailing me here or clicking on the appropriate button listed at the bottom of the page to email me.

Terms of Use (Commissions)

Latest Update: 16/12/2024

Definitions:
'Artist': (Myself / Visionary Night Owl).
'Client': (You / The Customer / The Commissioner) (Also applicable to the End-User where the Client acts as an intermediary where there is one involved)..
'Artwork': (Illustrations, Animations, etc.).
'Work': (The word the Client intends to use the 'Artwork' for if applicable).

Important Notes:If the Client wishes to discuss specifics of the Terms of Use with the Artist that can be reasonably adjusted such as preferred contact method, payment method, embargos/NDA's (Non-Disclosure Agreements), licenses, deadlines, etc. They can contact the Artist in the link here or at the bottom of the page at their earliest convenience, these changes must be agreed by both parties (The Artist and Client) before they are reflected.The Artist will begin process on the Artwork once payment has been cleared via the agreed payment method (preferably BACS, see 7. Payment for more information) and when the Visionary Night Owl Artist & Client Agreement form has been signed by the Client and sent to the Artist (Client must sign the final page of Terms and Conditions).If the Client has any further queries regarding Terms of Use before signing the Visionary Artist & Client Agreement form, they can contact the Artist in the link here or at the bottom of the page at their earliest convenience.

1. Provision of the Artwork1.1. Before the Client intends to commission the Artist for Artwork, they must view the Artist's portfolio on the website as well as their social media art so they are aware of the Artist's previous Work before asking for commissions, this can be done both before and during negotiations.1.2. The Artist shall provide the Artwork in accordance with the brief and specifications given in the agreements discussed with the Client during negotiations. All Artwork will be either created for digital platforms or be made for print, this includes (but not limited to);Medium: (Illustration, Animation, Graphic Design, Comic/Graphic Novel, Pages for, etc.),File type(s): (PNG, JPEG, MOV, MPEG-4, OBJ, GLTF, etc.),Resolution: (72ppi, 300ppi, etc.),Colour Format: (RGB, CMYK),Size: (1920x1080px (Full HD), 2560x1440px (Quad HD), 3840x2160px (4K Ultra HD), etc.),Length of commissioned Artwork: (if Animated or part of a Book/Comic, etc.), (30 seconds, 1 minute, 2 minutes, 2 pages, 4 pages, etc.).The theme/subject of the Work (For example, this can be Sci-Fi, Animals, Family & Friends, Gaming, Sports, etc.),What is to be included in the Artwork: (Characters, Backgrounds, Props, etc.),Colour palette (Full colours, Black & White, Greyscale, Outline only, Limited colour palette, etc.),Intended use for the Artwork/Work (Local/National/Worldwide (posting Online will count as Worldwide), isolated Artwork, a collection of a specific theme (such as Characters, Backgrounds, Props, etc), for an Animation, for a Comic/Graphic Novel, for display purposes, etc.).1.3. If the Client requires subsequent changes or additions to the brief, a fresh deadline and further fee must be agreed with the Artist. The Artist may refuse to carry out changes, additions or variations which substantially change the nature of the commission.1.4. The Artist won't be held liable for any consequential loss or damages arising from late delivery of the Artwork.

2. Delivery2.1. The Artist shall provide roughs and amendment via email or the agreed method of contact by an agreed date. The Client shall approve specified roughs and amendments by an agreed date and the Artist shall provide the finished Artwork by an agreed date. The finished Artwork will also be sent to the Client with a watermark for approval, once final payments have successfully been made, a version of the final Artwork will be sent without the watermark. Deadlines for rough sketches, amendments and the final Artwork will be discussed during the negotiations.2.2. File types provided to the Client will be agreed by them and the Artist during the negotiation phase. These will be provided to the Client's preferred email address unless an alternative contact method is agreed by both parties.2.3. Any change to either the Artist's or the Client's methods of contact must be given with a week's notice in writing, including their email address or the agreed contact method.2.4. If the Client wishes to have the source file as well (Photoshop, Blender, Clip Studio, etc.), they must request permission from the Artist and pay a mutually agreed fee. Usage of source files shall be governed by the same terms that govern the use of the Work by the Client under this agreement.2.5. The Artist will also ensure the Client of any anticipated delays to the Artwork with reasonable notice. In this case, the Client may (unless the delay is the fault of the Client) ask the Artist to deliver the Artwork as agreed in the schedule or on a mutually agreed date - whatever is the later date. The Client may cancel the commission if the Artist is proven to fail to have met the agreed deadlines.2.6. If the Client wishes to cancel the agreement at any stage, the Artist will be paid the agreed fee depending on the Artwork's production, see 7. Payment for more information. This will also apply if the Client rejects the Artwork.2.7. The original Artwork shall not be intentionally destroyed, altered, retouched, modified, or changed in any form whatsoever without the written consent of the Artist.2.8. All duties with printing the Artwork must be handled by the Client.2.9. The Client shall make an immediate objection upon delivery if the Artwork isn't in accordance with the commission discussed. If no such objection regarding the Artwork is made within 21 Days of delivery of the Artwork, it shall be presumed that the Artwork delivered is deemed acceptable and pending payments must be cleared.

3. Rights Granted
3.1. The Artist hereby grants to the Client the agreed licence (Exclusive, Non-Exclusive) to use the Artwork in the Work where it is self-published by the Client or by a specified third-party publisher in the agreed medium, [print, digital, ebook/audiobook, video/film, etc.] form in [the English language/all languages] worldwide for [five years from signature of the contract], subject to the following terms and conditions.or perhaps:
In consideration of the payments here in after mentioned the Artist hereby grants the Client the sole and exclusive right and licence to produce, publish and him/herself further to license the Artwork or any part of it in [specify forms/media, territories, language(s) and length of licence].
The licence granted is peculiar to the Client and may not be assigned by him/her without the consent of the Artist.3.2. The license granted is conditional upon the Artist received payment in full where money is due. See 7. Payment for more information.3.3. The Client is granted a license solely as specified and for the usages set out in the Visionary Night Owl Artist & Client Agreement form.3.4. Clients purchasing a non-commercial license cannot use this Artwork for profit/reselling, commercial use, or claim as their own Artwork. All efforts possible must be used to acknowledge and credit the original Artist, Clients who decide to use this Artwork commercially must renegotiate the license with the Artist.3.5. The Client accepts that the use of the Work and Artwork is restricted as specified in the Artist Client Agreement and Terms of Use page of Visionary Night Owl's website. Further use of the Work and/or Artwork is subject to an additional license to be granted by the Artist. Both parties shall negotiate the terms and payments of additional licenses.3.6. To renew these rights after the agreed license has expired, a new license needs to be discussed with the Artist.

4. Promotional Use
4.1. The Artist shall permit the Client free of charge to use the Artwork specifically and only to promote Work in any form once the Artwork is complete.4.2. The Artist is also able to discuss or post the Client's Work for the purposes of promotional, educational, etc. The Client can request an embargo on the Artist to not discuss or post about the Artwork or Work anywhere until an agreed date and time where the embargo is lifted, the Client must ensure they let the Artist know at the first given opportunity if this date has been delayed or the embargo can be lifted earlier.4.3. Paid-for advertising using the stand-alone Artwork should be subject to the Artist being paid a further fee - or the up-front commissioning payment should reflect the right to such use.

5. Warranties and Indemnity5.1. The Client is deemed to have accepted the terms and conditions if they don't object within one calendar week of receiving the Visionary Night Owl Artist & Client Agreement form.5.2. All notices shall be sent to the Artist or the Client on the contacts stated in the Visionary Night Owl Artist & Client Agreement form.5.3. The Artist warrants to the Client that they have full power to make this Agreement, that they are the sole creator of the Artwork, that the Artwork is original to them and has not previously been published, that the Artwork is in no way a violation or an infringement of any existing copyright or licence and that it contains nothing obscene, defamatory, an infringement of the privacy of anyone featured, or is otherwise unlawful. The Client will indemnify the Artist against any breach of these warranties.5.4. The Client warrants to the Artist that they have full power to make this Agreement, that they are the sole creator of the Work, that the Work is original to them has not previously been published, that it is in no way a violation or an infringement of any existing copyright or licence and that it contains nothing obscene, defamatory, an invasion of privacy, breach of confidence or is otherwise unlawful. The Artist will indemnify the Client against any breach of these warranties.5.5. The Artist however with written permission can use reference materials and visuals supplied for either influence or given permission to use them in the Artwork, proof of ownership of the copyright or the license must be given before allowing said properties can be added.5.6. All warranties and indemnities shall survive the termination of this Agreement.

6. Third party content6.1. Should the Artwork contain a recognisable likeness of any person, the Artist/Client undertakes to explain to such person the use to which the Artwork will be put and to obtain their written consent to the proposed use.
Should the Artwork reproduce other material in a way which infringes copyright the Artist/Client will obtain the necessary copyright permission and pay any fees charged. Should the Work include any text or images from in-copyright sources, the Client will obtain the necessary copyright permission and pay any fees charged.

7. Payment7.1. All fees/payments will be calculated and paid in Pound Sterling (£££).7.2. Preferred payment method to the Artist will be BACS Bank Transfer, this will only count once payment has been cleared. Payment methods can be discussed further during negotiations if another is preferred.7.3. The Client must pay the Artist a fee/advance of £... payable through any of the following arrangements unless agreed otherwise during negotiations:100% (Full payment) upon signed and returned agreement form.33.4% (First third of full payment) upon signed & returned agreement form to Artist.
33.3% (Second third of full payment (Adds up to 66.7%)) upon the Artist delivering rough sketches and amendments to the Client.
33.3% (Final third of full payment (Adds up to 100%)) upon the Artist delivering finished Artwork to the Client.Please note that payments made are non-refundable once the Client’s first payment has cleared, signed the Visionary Night Owl Artist & Client Agreement form, and return the signed form to the agreed contact method between the two parties within 1 week. If there is no signed agreement and initial payment received from the Client in a week, the Artist will consider the agreement null and void.7.4. The Artist cannot move onto the next production stage of the Artwork until the appropriate payment has been cleared depending on progress.In addition:
The initial fee might also cover the Client's right to use the Artwork in the ways set out in the contract or such use might be subject to a fresh fee (e.g., per new edition or format). Or the initial fee might be treated as an advance against the Artist's right to a share of the Client's income from any exploitation of the Work including the Artwork.7.5. The Client is to pay all invoices within 30 days of the date of the invoice. The Artist reserves the right to charge interest at the annual rate of [8%] above the Bank of England base rate for the time being, to accrue daily from the due date until the payment is cleared.7.6. The price of VAT will only apply once the Artist is VAT-Registered, the Artist will let ongoing Clients know when they become VAT-Registered and add this new pricing to a VAT-invoice. More information can be found in [11. Accounts](#text.7.7. If the Client wishes to cancel the Artwork being produced, they must still pay a fee depending on the current stage of the Artwork, this will be as follows:33.4% (First of full payment) if no development on the Artwork has been made upon cancellation.
33.3% (Second third of full payment (Adds up to 66.7%)) if development has moved onto the rough sketch and amendments phase of the Artwork is.
33.3% (Final third of full payment (Adds up to 100%))) if development has moved onto the finished Artwork.7.8. If the Artist fails to meet the agreed brief/specifications in the Artwork, the Client can reject the roughs and pay a rejection fee of the following (calculates to 60% of intended payment):33.4% (First of full payment) if no development has been made upon first payment. (This would otherwise count as a cancellation).
16.6% (Second of full payment (Adds up to 50%)) if rejected during rough sketches and amendments progress.
10% (Third of full payment (Adds up to 60%))) if rejected during the finished artwork.The Client cannot reject the Artwork if the Artist has followed the brief/specifications based on negotiations and/or agreed alterations before the deadlines. The Artwork also cannot be rejected if it has been sent to the Client via their preferred method of contact before the agreed deadline by both parties.7.9. *Cancellations and Rejections will still apply if the Client paid 100% of the price upon agreement/signing contract/payment being cleared, instead, they will be refunded the remainder depending on the stage of the artwork through the payment method initially used to pay for the Artwork (For example, if the Client decides to cancel the production of the Artwork during the rough sketches and amendments phase after they paid 100% upon signing the agreement form, they will be refunded 33.3% of the full price.) This process will start within 30 days if the Cancellation/Rejection is accepted by the Artist.

8. Copyright and moral rights8.1. The Artist shall retain ownership of and copyright in the Artwork and the Client shall print the following line on the verso title page of the Work (or its digitised equivalent);For example:
Illustrations (c) [Artist's name] 20xx8.2. The Artist hereby asserts their moral right to be identified as the Artist of the Artwork. The Artwork may not be altered or adapted without the Artist's consent.Such consent is not to be unreasonably withheld.8.3. The Artist also holds the rights to any form of development work leading up to the finished Artwork, including sketches, graphic works, project development, production drawings, models, characters, prototypes, and other matters relating to the Artwork's production.8.4. The Artist must send proofs from the Client for approval before publication.8.5. The Client can give written permission to Artist the use of any properties they own or have the acquired permission to use the copyright with proof of ownership/license if required for the Work in the Artwork. Once either the contract expires or the agreement is terminated, all properties and Work that belong to the Client will retain to them, the Artist however will maintain permissions to use copyrighted Artwork they produce to use for self-promotion, education among other uses.8.6. In the events of the Artwork license expiring, cancellations or refusals, all ownership of the relevant Artwork and development work will be retained by the Artist.

9. Credits9.1. It is the responsibility of the Client to give appropriate credit the Artist for the Artwork used in their Work regardless of medium, whether it's physical/digital or how and where it's distributed. This can be directly on the Artwork itself or placed appropriately depending on the Work and what is being done with it. This will be discussed during negotiations.This also applies if the Client decides to sub-license the Artwork to third parties where they must use their best endeavours to make sure that the appropriate credit is given to the Artist.

10. Complimentary copies10.1. The Client shall send to the Artist on publication complimentary copies of the Work including the Artwork [and (if the Client controls such rights) of any publication of the Artwork on its own and/or will use best endeavour to ensure that a similar undertaking is given by any sub-licensee.] These can be physical and/or digital copies.This will be discussed during negotiations as well as how many complimentary copies, (No more than 6).

11. Accounts11.1. If the Artist is entitled to a percentage of the Client's income from exploitation of the Artwork (as part of the Work or otherwise);11.1.1. Where the Work is published by the Client themselves:The Client shall make up accounts at [31st December and 30th June annually] and shall render such accounts and pay all monies due to the Artist within the following three months.11.1.2. Where rights are sub-licensed by the Client to a third party:The Client will send the Artist their share of any income received from a sub-licensee (along with a copy of the sub-licensee's statement of accounts) within e.g., 60 days of its receipt by the Client.11.1.3. Or if further fees will be paid:
The Client will notify the Artist promptly if any new edition of the Work including the Artwork/any further use of the Artwork is produced and will pay the agreed further fee at that time.11.2. If the Artist is VAT-registered, the Artist must notify the Client and they must add VAT to any payments made to the Artist.11.3. All payments set out in this Agreement are exclusive of VAT which will be added by the Client if the Artist is registered for VAT and provides his/her registration number.11.4. The Artist or their authorised representative shall have the right upon written request to examine the Clients’ books of account insofar as they relate to the Artwork, which examination shall be at the Artist's expense unless errors exceeding [£50] shall be found to their disadvantage in which the reasonable costs of the audit shall be paid by the Client.

12. Termination12.1. If the either party fails to fulfill or comply with any of the provisions of the contract within one month after notification from the other of such failure, the contract shall automatically terminate, and all rights shall revert to the Artist.12.2. If the Client is declared insolvent, the contract shall terminate, and all rights shall revert to the Artist.12.3. If, at any time, the Work becomes unavailable [in the Client’s edition] the Artist may terminate unless it is reprinted/reused/reuploaded within nine months from written notice by the Artist. Should the Work be available only as print-on-demand and/or in electronic form, provided the advance has earned out or more than [three] years have passed since first publication (whichever is the sooner), the Artist may terminate the agreement at any time on three months’ notice.Another possibility is that the contract can be terminated if sales fall below an agreed level in the previous 12 months.12.4. Termination is without prejudice to any claim which either party may have for monies due, or damages, or otherwise.12.5. If the Client has the right to sub-license:Termination is without prejudice to any sub-licences properly granted by the Client during the currency of the agreement. The Client will not issue or renew any sub-licences after notice of termination has been received.

13. Applicable law13.1. This Agreement shall be governed by and interpreted in all respects in accordance with the law of England/United Kingdom.13.2. In the event of any dispute between the parties, both parties will seek in good faith to resolve the dispute amicably by negotiation.13.3. Either party may give the other a written notice that it wishes to refer a dispute to formal mediation (“Mediation Notice”). If within two weeks of service of a Mediation Notice the dispute has not been resolved, the parties shall then try to settle the dispute by mediation in accordance with the Model Mediation Procedure of the Centre for Effective Dispute Resolution. If that fails, or after either party has made all reasonable efforts to follow that procedure, either party may commence proceedings in a court of competent jurisdiction. Either party may at any time seek injunctive relief from a court of competent jurisdiction.13.4. Any dispute or difference arising between the parties relating to the interpretation of this Agreement may be submitted in the first instance to an informal disputes resolution tribunal to be agreed between the Client and the Artist. Failing agreement on such terms, or on the terms of such submission, the parties agree to and submit to the jurisdiction of the English/UK courts.13.5. These terms and conditions are governed by the law of England and Wales and may not be varied except by agreement in writing. The parties hereto submit to the exclusive jurisdiction of the English Courts.