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WHEREAS Artist will create that certain work of art ("the work"):
Title:
Dimensions: To be determined
Media:
Year:
WHEREAS the parties want the artist to have certain rights in the
future economics and integrity of the work. The parties mutually agree as
follows:
- SALE: Artist hereby creates the Work for the Purchaser at the
agreed value of $_________.
- COSTS: Purchase price includes all costs, both direct and
indirect, in creating the work and delivering the work to the Purchaser,
including purchase of raw materials, model and mold making, casting and
patinas, consumables, shop expenses, labor, packaging, shipping,
installation and taxes. This does not include the initial design work.
- PAYMENT: This contract goes into effect upon the Artist
recieving ______________________________ Dollars ($_______) which is
considered to be the estimated total price of __________________________
dollars ($ _______) less the estimated casting costs of
________________________dollars ($__________) divided by two (2.) The
Purchaser agrees to send the Artist the payment for the estimated casting
costs of ______________________________dollars ($____________) when the
Artist informs the Purchaser that the Work is ready to be cast. The
remaining sales price of ___________________ Dollars ($_________) shall be
paid to the Artist upon completion of the work.
- PROGRESS REPORTS: Artist agrees to furnish the Purchaser with
progress reports during the creation of the work, which can include
pictures of the work in progress. The pictures may be digital images and
sent by email. A progress report will be sent upon request by the
purchaser, but no more frequently than once a week.
- OWNERSHIP: Upon final payment for the Work, the Purchaser
becomes the legal owner of the Work with all rights and privileges, with
the exceptions noted below.
- REPRODUCTION RIGHTS: Artist retains all copyright rights and
rights to reproduce the Work in all forms.
- NON-DESTRUCTION: Purchaser will not permit any intentional
destruction, damage or modification of the work.
- RESTORATION: If the Work is damaged Purchaser will consult
Artist before any restoration and must give Artist first opportunity to
restore it, if practicable.
- NOTICE: The Artist has the right to put his name and the year
of completion on the Work in a permanent fashion. Placement and size to be
determined.
- EXPIRATION: This contract binds the parties, their heirs and
all their successors in interest, and all Purchaser's obligations are
attached to the Work and go with ownership of the Work, all for the life
of The Artist and Artist's surviving spouse plus 21 years.
- ATTORNEY'S FEES: In any proceeding to enforce any part of this
contract, the prevailing party shall be entitled to reasonable attorney's
fees in addition to any available remedy.
- WARRANTY: The Artist is obligated to create the work in a
professional and craftsman-like manner.
If, within 30 days after the sale is final, the Purchaser is not
satisfied with the Work, the Artist will do what he can to fix the
problem, and if that's not possible, the purchaser can return the work to
the Artist and the final payment will be refunded.
- FUTURE RESPONSIBILITY: The Artist is not responsible for
changes in the bronze due to climate, humidity, moisture, molds,
infestation, stains, warping, shrinkage, expansion, corrosion or any other
events that occur to bronze over time.
- ADDITIONS, SUBTRACTIONS AND CORRECTIONS:
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Date:__________________________________
Artist:___________________________________
Purchaser:________________________________ |