AGREEMENT FOR COMMISSIONED WORK
This contract is an agreement ("Agreement") by $ARTIST ("Artist") and Green Fairy Studios, LLC, ("Licensee") made on $DATE (“Effective Date”) for Artist to provide creative work ("Artwork" – as described below) as requested by Licensee.
- Artwork. Licensee retains Artist to create Artwork as enumerated in Exhibit A. Artwork includes only the final, deliverable art, and not any preliminary work or sketches. Additional Artwork may be commissioned under this Agreement by additional Exhibit A filings between the Artist and the Licensee.
- Price and Delivery. The estimated cost of the Artwork is enumerated in Exhibit A, made in good faith by the Artist. One-half of the estimate shall be paid to Artist by Licensee upon agreement of terms. Artist will provide completed Invoice upon completion of work, with remaining balance due from Licensee upon receipt. Additional works may be further licensed under these terms through signature on additional Exhibit A documents between the parties.
- Grant of Rights.
- Artist grants Licensee, in accordance with the terms and conditions of this Agreement, an exclusive, nontransferable license to use the Artwork in the course of Licensee’s business and to otherwise copy, make, use, and sell Artwork. Licensee may copy and sell the Artwork in accordance with the terms set forth below, for general use.
- Licensee shall not use the Artwork except in accordance with the terms and conditions of this Agreement.
- Licensee acknowledges and agrees that the license granted herein is exclusive, and Artist may not license others to use the Artwork subject to any limitations set forth herein.
- Artist acknowledges and agrees that the Licensee retains the rights to copy, sell prints, and display Artwork, and that displaying Artwork online may require entering into a non-commercial license agreement with gallery hosts. Should such license agreement be entered for the virtual display of Artwork, this will not violate the terms of this Agreement.
- Artist shall be entitled to credit in all materials produced by Licensee in which the Artwork is a part. The credit tag shall read substantially as follows: © $ARTIST and be visible to and readable by Licensee’s intended customer. The prior notwithstanding, certain products, items, or materials produced by Licensee may be allowed to be produced without a credit tag if the Licensee receives in writing permission from the Artist to use the Artwork without a credit tag for the specific item produced. Licensee agrees to publish conspicuously a suitable replacement for credit tag as appropriate to the item produced.
- Ownership of Artwork. Artist shall remain the sole owner of the copyright in the Artwork. Licensee shall enjoy only the rights set forth above and nothing in this Agreement shall entitle Licensee to make any claim to ownership in the Artwork. Licensee may not make any other use of the Artwork other than those uses authorized herein without prior written approval from the Artist.
- Cancellation, and Expiration. The fee for Artwork is non-refundable. If Licensee nonetheless does not want or refuses to receive Artwork, Artist may decide whether or not to complete Artwork, and will exclusively retain all right to Artwork.
- This Agreement shall commence as of the Effective Date and shall continue in full force and effect for perpetuity, unless and until this Agreement is terminated under one of the conditions below.
- Either Licensee or Artist may terminate this Agreement for any reason with thirty (30) days written notice, stating the intent to terminate and the intended date of termination.
- In the event of a change in circumstance on the part of Licensee, including, but not limited to bankruptcy, either voluntarily or involuntarily, a sell of assets, a merger or other alteration to Licensee, Artist may terminate this Agreement though Artist is not obligated to do so.
- In the event of a breach of this Agreement on the part of the Licensee, Artist shall notify Licensee of such breach in writing. Licensee shall have fifteen (15) days from the notification to cure the breach. If the breach is not cured by the expiration of that time period, this Agreement will terminate along with all rights under this Agreement and Licensee must immediately cease all use of the Artwork, including removal of the Artwork from any labels, packaging, advertising or any products created by Licensee and destroy all physical and digital copies of the Artwork in its possession. The previous notwithstanding, a breach of this Agreement by Licensee due to nonpayment of fees shall be governed by section 2.
- Upon termination of this Agreement, all rights and interest in the Artwork granted herein to Licensee shall terminate and Licensee shall have sixty (60) days to cease all use of the Artwork, including removal of the Artwork from any labels, packaging, advertising or any products created by Licensee. Licensee shall have sixty (60) days to destroy all physical and digital copies of the Artwork in its possession.
- Limitation of Liability. Licensee agrees that Artist will not be liable for any damages (including, but not limited to, incidental or consequential damages), that arise from Artist's performance of this commission (including, but not limited to, failure to perform in a timely manner, regardless of whether the failure was intentional or negligent.)
- Dispute Settled by Arbitration, and Governing Law. Any dispute under or about this Agreement must be submitted to and resolved by arbitration through the arbitration services mutually agreed to by Parties. Parties will bear their own costs. Any court may enforce the arbitration award. This Agreement will be governed by the laws of Washington, in the country of the United States of America.
This Agreement may be accepted (within 48 hours of being made or if withdrawn, as in Expiration, above) and be enforced upon the signature of Licensee (an electronic signature is acceptable).
D. Anthony Robinson
President, Green Fairy Studios
9503 9th Ave NW