Visual Artist Contract
VISUAL ARTIST CONTRACT
This Visual Artist Contract ("Contract"), [Your Company Name], having its primary place of business at [Your Company Address] is hereinafter referred to as "the Artist", and [Party B's Company Name], having its primary place of business at [Party B's Company Address], will be referred to as “the Client".
SECTION 1: APPOINTMENT AND ROLES
The Artist agrees to create visual artwork ("the Artwork") as described in the commission proposal form. The Client shall provide all necessary materials and resources as agreed upon by both parties.
1.1 RESPONSIBILITY
1.1.1 The Artist
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Creation of Artwork: The Artist will create artwork as specified in the commission form, following the Client's specifications and instructions.
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Skill and Expertise: The artist will use their talent and vision to create excellent, original artwork exceeding commission proposal expectations.
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Communication: The Artist promises to communicate openly and regularly with the Client, providing updates, seeking clarification, and promptly addressing concerns or feedback during the creative process.
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Resource Management: The client supplies the agreed materials, but it's the artist's job to use these wisely to finish the artwork on time.
1.1.2 The Client
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Providing Materials and Resources: The client agrees to supply all agreed materials, resources, and essential items, including but not limited to, reference images, and specific tools for the artwork.
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Approval and Feedback: The client should regularly review and give timely, precise, and helpful feedback on the Artwork, ensuring it meets the expectations outlined in the proposal.
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Timely Responses: The client agrees to quickly respond to the artist's project-related inquiries or requests. Timely responses are crucial for smooth artwork progression and addressing any arising issues.
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Final Approval: Once the Artwork is done, the Client should approve it or ask for changes. After approval, the Client must settle leftover commission proposal obligations like payments or delivery.
SECTION 2: INTELLECTUAL PROPERTY RIGHTS
The Artist retains all intellectual property rights in the Artwork and the Client may not replicate it without their written permission.
2.1 Ownership: The Artist retains full ownership of all copyrights, trademarks, and intellectual property rights associated with the Artwork. This ensures that the Artist maintains control over their creative work and any derivatives.
2.2 Reproduction Restrictions: The Client is prohibited from reproducing the Artwork in any form without obtaining explicit written consent from the Artist. This clause safeguards the integrity and value of the Artist's work, preventing unauthorized duplication or distribution.
2.3 Legal Enforcement: Infringement upon the Artist's intellectual property rights, including unauthorized reproduction or distribution, may result in legal action. This clause serves as a deterrent against any potential misuse or violation of the Artist's rights, reinforcing the importance of respecting intellectual property laws.
SECTION 3: PAYMENT TERMS
Upon art delivery, the Client will pay the Artist [Amount]. Payment due by [Payment Due Date].
3.1 Payment Amount and Method:
The agreed sum for the artwork stated both in words and numbers, must be remitted to the artist upon satisfactory completion and delivery. Payment can be made via the agreed-upon method, ensuring a smooth transaction process.
3.2 Timely Payment Requirement:
The client commits to making the payment no later than the specified due date. Adhering to the payment schedule ensures mutual respect for the artist's time and effort invested in creating the artwork.
3.3 Non-Compliance Consequences:
Failure to fulfill payment obligations by the stipulated due date may result in penalties or delays in future collaborations. Timely payments are crucial for maintaining a positive professional relationship between the client and the artist.
SECTION 4: DELIVERY OF ARTWORK
It is the responsibility of the artist to ensure that the artwork is delivered to the client. The delivery of the said artwork should take place on or before the stipulated delivery date. The designated location for this delivery is the predetermined delivery address provided by the client. However, if circumstances necessitate a change in the delivery location, a new location can be chosen, insofar as both parties, the artist and the client, agree to it mutually.
SECTION 5: INDEMNIFICATION
Each party that is involved in this Contract is in agreement that they hold the responsibility to undertake and ensure the principle of indemnification, defense, and holding harmless the other party. The conditions stated that include indemnity, defense, and protection of no harm emphasize that it should be upheld in cases of any claims, liabilities, damages, and expenditures that might occur. These may arise directly or when the terms stipulated in this contract are being executed. The party shall also shield the other from potential losses that can potentially arise from the contract performance.
SECTION 6: TERM AND TERMINATION
This Contract shall commence on [Start Date] and shall continue until [End Date] unless earlier terminated under the provisions stipulated herein.
6.1 Commencement Clause
The contract shall commence and will be effective starting from the date that has been specifically outlined, which signifies the start of its period of validity. This date marks the inception of the contract's legal and enforceable terms and conditions.
6.2 Duration Clause
The contract will remain in force until the specified end date unless it is terminated earlier under the terms that are outlined within the contract.
6.3 Termination Provisions
Our contract contains specific guidelines and conditions outlining the circumstances under which either party, regardless of who initiated the contract, can make the unilateral decision to terminate the agreement. The mentioned conditions provide a clear list of actionable instances, events, or situations that could provide a reasonable basis or justification for ending the agreement ahead of the pre-set termination date specified within the contract.
SECTION 8: GOVERNING LAW AND JURISDICTION
This Contract shall be governed by and construed under the laws of [Governing Laws], and disputes arising from or related to this Contract shall be exclusively subject to the jurisdiction of the courts of [Jurisdiction].
[ARTIST'S NAME]
[DATE SIGNED]
[CLIENT'S NAME]
[DATE SIGNED]
