| This agreement, is made on the (DD) of (MM,) (YY) by and
between Artist ______ of _____ Studios ("Artist") of (Street
Address, City, State, Zip) and (Name) of (Street Address, City,
State, Zip) of (Company Name.) (Second Party.)
WHEREAS, Artist desires to create the new and original image,
"title of work of art," and to have it reproduced as printed T-Shirts
and
WHEREAS, Second Party is in the business of printing, selling,
publishing and publicly distributing printed T-Shirts.
NOW, THEREFORE, in consideration of the premises, the consideration
mentioned, and the mutual promises made, the parties agree as follows:
- Second Party agrees to pay the Artist for the rights to
print the Artist's work, titled, "_______," on T-Shirts and
sell and distribute these T-Shirts on the terms of this Agreement,
and Artist agrees to create "__________"suitable for
reproduction on T-Shirts.
Edition size is without limit, and will not be signed or numbered. One
proof copy shall be furnished to the Artist.
- The parties agree that the Artist shall receive 13.5% of the
wholesale price of each T-Shirt with the image of "__________"
printed on it. Payment to the Artist shall be delayed until (MM)
(DD), (YY), after which back payments are due and thereafter payments are
due on the 10th of each month, Artist has the right to examine any
and all records related to T-Shirts with the image of "________"
printed on them.
- Artist agrees to design, execute, and produce "_______"
in a form suitable for a print shop to make separations that can be used
by the Second Party to print "______" on T-Shirts, and
Artist agrees to include the title, "_______," the copyright
notice, date of publication, and the Artist's name____ on the
"______" image. The Second Party agrees to include the title,
"_______," the copyright notice, date of publication, and the
Artist's name ______ on each and every T-Shirt with the image,
"______" printed on it. Artist shall apply for copyright
registration in the name of the Artist and shall retain ownership
of the original Work of Art, all incidental work related to it, and
all other reproduction and derivative work rights, including merchandising
rights, use of rights, publication rights and foreign edition rights
except those covered by this Agreement.
- Artist agrees to maintain the wholesale and retail prices
established by the Second Party. Artist also agrees to allow
the Second Party to have the sole and exclusive rights to produce,
sell, and distribute all T-Shirts with the "_______" image printed
on them for the duration of this Agreement.
- The terms of the Agreement shall be for five years from the date of
execution or unless sooner terminated. Second Party has first
rights to renew or extend the term of the Agreement.
- Artist agrees that the Work of Art to be created shall
be a new and original Work of Art created by the Artist and
will be delivered to the Second Party by the (DD) of (MM,) (YY.)
- Second Party shall have the right, in it's reasonable
discretion, to accept or reject the finished Work of Art by the
Artist. In the event that the Second Party finds the finished
Work of Art unacceptable for any reason, Second Party may
request the Artist in writing to make specific changes. If the
Artist refuses to make the changes Second Party requests, or if
Second Party deems the Work of Art so unsatisfactory that it
cannot be made acceptable, Second Party shall have the right in his
sole discretion to reject the Work. If Second Party finally
rejects "_________" by the Artist, the Artist
reserves all copyright rights and shall have the right to sell or
otherwise dispose of it in any way he may choose.
- Second Party shall have the right to use the Artist's name,
portrait and biographical material to publicize and advertise sales of the
edition but not as an endorsement of any product or service and likenesses
will not be presented to the public in a questionable, undignified or
derogatory manner affecting the Artist's standing in his
profession.
- Second Party agrees that he shall not alter, in any way, the
Work of Art without the express written consent of the Artist
with the following exception:
Second Party may include the phrase, "ABCDEFG" on the printed
Work of Art in a type size smaller than, and below the Artist's
name. Slight changes in color due to the printing process are
understood to be expected, but any major alterations must be approved by
the Artist, in writing.
- Second Party agrees that the Artist must receive
authorship credit and notice of copyright in Artist's name
including affixing the copyright symbol, the date and name of the
Artist on all reproductions of the Work covered by this
agreement.
- This agreement embodies and contains the entire agreement and
understanding of the parties and shall be binding upon their respective
heirs, legal representatives, successors and assigns.
- Each party shall take any steps and execute, acknowledge and deliver
any further documents that the other party may reasonably request to carry
out the intent and purpose of this agreement.
- This agreement may not be assigned by the Second Party to
another person or party without the prior written consent of the
Artist.
- In any proceeding to enforce any part of this contract, the aggrieved
party shall be entitled to reasonable attorneys fees in addition to any
suitable remedy.
- All notices and other communications shall be in writing and shall be
deemed to have been given when delivered or mailed first class, postage
prepaid, addressed to the party as set out above, or as they may otherwise
designate in writing.
- This Agreement may be amended, waived, discharged, modified or
terminated only by an instrument in writing signed by both parties.
- This Agreement is entered into in the State of _______, contains
covenants to be performed within the State of ________ and shall be
construed in accordance with and governed by the laws of the State of
______.
- If the following Special Stipulations conflict with any of the
foregoing provisions, the following stipulations are agreed to by the
Parties and shall control over any printed portion of this Agreement:
IN WITNESS WHEREOF, the Parties have signed this Agreement
on the (DD) day of (MM,) (YY.)
Artist
Second Party
Second Party
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