This Agreement effective as of ________________________is made by and between Emilee (hereinafter “Writer”) of ______________________________(Address) AND DBA SHEILBY (hereinafter “Photographer”). Individually referred to as “Party” and collectively referred to as “Parties”. The Parties agree to be legally bound as follows:
- SERVICES. The Writer will employ skill and expertise in providing writing services such as accompanying statements, poetry and words to the images taken by the Photographer. The images paired to the Writer’s writings will be minted and listed on the Photographer’s choice of blockchain.
- COMPENSATION. In consideration of the Services rendered, the Photographer will compensate the Writer 10% of the total sales from the images and 3% for royalties. The Writer must sign up for a crypto wallet in order to receive payment. However, if she opts for e-payment such as well or cash app, she must pay the fees to convert crypto currency to USD currency.
- TERM AND TERMINATION. The term of this Agreement will commence on ____________________________ and continue effectively for ______ months. The Agreement will terminate when all Parties have fulfilled their obligations. If the Writer intends to terminate the Agreement, she will serve sufficient notice to Photographer. This agreement may be terminated by non-performance, poor performance, non-payment and misrepresentation.
- INTELLECTUAL PROPERTY RIGHTS. The Photographer owns the copyright in the images taken by them, the marketing plan and the proposal and the Writers owns copyright in her writings. The Photographer may use the Writer’s writings in advertisement on social media, may print the writings and distribute them as they deem fit. Any amount obtained from such usage will be communicated with Emilee and she will receive a percentage of the total amount.
- INDEPENDENT CONTRACTOR. It is understood by the parties that the Writer is an independent Contractor with respect to the Photographer, and not an employee or partner of the Photographer. The Photographer will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Writer.
It is contemplated that the relationship between the Writer and the Photographer shall be a non-exclusive one. The Writer also performs services for other organizations and/or individuals. The Photographer has no right to further inquire into the Writer’s other activities.
- DISPUTE RESOLUTION. Any disputes arising from rights and obligations under this Agreement will be solved in good faith through mediation.
- GOVERNING LAW. The Agreement shall be governed and construed per the State laws of California without giving effect to any choice or conflict of law provisions or rule.
- ENTIRETY. This Agreement puts the Parties’ entire understanding of the Services to be performed, and anything else the Parties have agreed to in black and white. This Agreement supersedes any other written or oral communications between the Parties.
IN WITNESS WHEREOF, the Parties execute this Agreement as follows:
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