THIS ARTIST AGREEMENT (hereafter, ‘‘this agreement’’) effective as of [DATE], is made and entered into by and between [NAME OF ARTIST] of address [ADDRESS] (hereafter ‘‘the Artist’’) and [NAME OF COMPANY] of address [ADDRESS] (hereafter, ‘‘the Company’’).
WHEREAS, the Artist deals in art and design services;
WHEREAS, the Company intends to purchase art and design work (“Work”) from the Artist;
WHEREAS, the parties to this Agreement (‘‘the parties’’) wish to set forth the terms and conditions upon which such service will be executed by the Artist.
Now, therefore, in consideration of the foregoing premises, and of the mutual promises and covenants herein contained, the parties, intending to be legally bound, do hereby agree as follows:
The Artist hereby has been appointed by the Company to render the agreed service. The Artist shall commence performance of the Services on the date first signed below, and shall continue until completion of the Services unless this Agreement is sooner terminated by the terms as set forth herein.
The duties of the Artist shall include, but not limited to;
In consideration for the services to be performed by the Artist the Company agrees to pay the Artist under the terms of this Agreement.
The Company plans to sell the following art designs:
PAYMENT TERMS (PRICING)
The Artist is to be paid $ ________________________
For purposes of this Contract, “Confidential Information” shall mean information or material proprietary to a Party or designated as confidential by such Party (the “Disclosing Party”), as well as information about which a Party (the “Receiving Party”) obtains knowledge or access, through or as a result of this Contract (including information conceived, originated, discovered or developed in whole or in part by the contractor hereunder). Confidential Information does not include:
Information that is or becomes publicly known without restriction and without breach of this Contract or that is generally employed by the trade at or after the time the Receiving Party first learns of such information;
Generic information or knowledge which the Receiving Party would have learned in the course of similar employment or work elsewhere in the trade;
Information the Receiving Party lawfully receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation;
information the Receiving Party rightfully knew prior to receiving such information from the Disclosing Party to the extent such knowledge was not subject to restrictions on further disclosure; or
Information the Receiving Party develops independent of any information originating from the Disclosing Party.
Non-Disclosure. The Parties hereby agree that during the term hereof and at all times thereafter, and except as specifically permitted herein or in a separate writing signed by the Disclosing Party, the Receiving Party shall not use, commercialize or disclose Confidential Information to any person or entity. Upon termination, or at any time upon the request of the Disclosing Party, the Receiving Party shall return to the Disclosing Party all Confidential Information, including all notes, data, reference materials, sketches, drawings, memorandums, documentations and records which in any way incorporate Confidential Information.
The Artist shall own the intellectual property rights of the art designs made for the Company.
The Artist has a right to reproduce and recreate designs that have the likeness of the designs created for the company.
All rights shall remain with the Artist at all times unless otherwise agreed by the Artist and the Company in writing.
The Company has an option of owning the intellectual property rights to the art made by Artist by paying an additional fee of $ ____________________________ as full reimbursement for the intellectual property rights only. This fee is independent of the purchase fee of the art. Upon the payment of the fee, the Artist shall refrain from making any designs similar to those made for the Company.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Contract will be construed to create an employer and employee relationship between the Artist and the Company. Artist and Company agree that the Artist is, and at all times during this Contract shall remain, an independent contractor.
Except as otherwise specifically agreed in writing by the Artist and the Company, any dispute relating to any rights and/ or obligations arising from this Agreement which is not resolved by the parties shall be adjudicated by any court of competent jurisdiction.
This contract represents the entire agreement between the two parties and supersedes any previous written or oral agreement. This agreement may be modified at any time, provided there is written consent of both the Artist and the Company.
The parties agree that if any portion of this contract is found to be void or unenforceable, it shall be struck from the record and the remaining provisions will retain their full force and effect.
This contract shall be governed, interpreted, and construed in accordance with the laws of ________________________
In Witness Whereof, this Agreement is duly executed by the duly authorized representatives of the parties as set forth below:
Artist’s Signature Date
Company’s Signature Date
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