A missing clause in your illustration contract can cost you thousands — in lost licensing fees, unbillable revisions, or work used far beyond what you agreed to. Here is what every illustration contract must cover, written in plain language so you can implement it today.
Usage rights: the most important clause in any illustration contract
Usage rights define exactly how the client is permitted to use the work you create. Without a usage clause, a client may assume they own all rights — including the right to resell your image, use it in perpetuity across all media globally, or license it to third parties. That is worth far more than a one-time project fee.
Your contract should specify: medium (digital, print, broadcast, merchandise), territory (regional, national, worldwide), duration (one year, three years, in perpetuity), and exclusivity (can you use it in your portfolio? license it to others?). Charge appropriately for each level. See how to price these licenses in our guide on how to price your illustration work.
What every illustration contract must include
- Project scope: deliverables, file formats, number of finals, and what is explicitly excluded
- Usage rights: medium, territory, duration, and exclusivity (as above)
- Revision limit: number of rounds included, and your hourly rate for additional revisions
- Payment terms: deposit amount (typically 50%), due dates for remaining payments, and late payment fees
- Kill fee: what percentage you keep if the client cancels after work has begun
- Credit: whether you receive attribution and in what form
- Portfolio rights: your right to display the work in your portfolio and case studies
- File delivery: exactly what formats you deliver and when rights transfer
Deposits, kill fees, and getting paid on time
A deposit protects your time when a client cancels mid-project. Standard practice is 50% upfront before work begins, with the remainder due on final delivery. For larger projects, break payments into three milestones: deposit at kickoff, payment at sketch approval, final payment at delivery.
A kill fee clause means that if a client cancels after sketches are approved, you keep a defined percentage of the remaining balance — typically 25–50%. Without it, you eat the time spent. Include a late payment clause: a 1.5–2% monthly fee on overdue invoices gets invoices paid faster without damaging the relationship. Threecus can send automatic payment reminders so you never have to chase an invoice manually.
The AI clause illustrators need right now
Add an explicit clause stating that the work you deliver is original, created by you, and was not generated by or derived from AI tools. This protects you from disputes about authorship and copyright, which remain legally unsettled in most jurisdictions. It also reassures clients who have been burned by undisclosed AI use.
Conversely, if a client asks you to incorporate AI tools in your process, get the scope and ownership implications in writing before you begin. The default assumption — that the illustration is human-authored — is worth protecting explicitly.
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