| RIGHTS TRANSFERRED. BUYER PURCHASES THE FOLLOWING EXCLUSIVE RIGHTS FOR USAGE:
Title or Product _________________________________________________
Category or Use ________________________________________________
Medium of Use _________________________________________________
Edition (if book) ________________________________________________
Geographic Area _______________________________________________
Time Period ___________________________________________________
Artist reserves any usage rights not expressly transferred. Any usage beyond that granted to buyer herein shall require the payment of a mutually agreed upon additional fee. Any transfer of rights is conditional upon receipt of full payment.
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- Time for Payment
All invoices shall be paid within thirty (30) days of receipt. The grant of any license or right of copyright is conditioned on receipt of full payment.
- Default in Payment
The Buyer shall assume responsibility for all collection of legal fees necessitated by default in payment.
- Changes
Buyer shall make additional payments for changes requested in original assignment. However, no additional payment shall be made for changes required to conform to the original assignment description. The Buyer shall offer the Artist first opportunity to make any changes.
- Expenses
Buyer shall reimburse Artist for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment. Buyer's approval shall be obtained for any increases in fees or expenses that exceed the original estimate by 10% or more.
- Cancellation
In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Artist, and a cancellation fee for work completed, based on the contract price and expenses already incurred, shall be paid by the Buyer.
- Ownership of Artwork
The Artist retains ownership of all original artwork, whether preliminary or final, and the Buyer shall return such artwork within thirty (30) days of use.
- Credit Lines
The Buyer shall give Artist and any other creators a credit line with any editorial usage. If similar credit lines are to be given with other types of usage, it must be so indicated here:
_________________________________________________________
_________________________________________________________
_____If this is checked, the credit line shall be in the form:
© 200__ __________________________________
- Releases
Buyer shall indemnify Artist against all claims and expenses, including reasonable attorney's fees, due to uses for which no release was requested in writing or for uses which exceed authority granted by a release.
- Modifications
Modification of the Agreement must be written, except that the invoice may include, and Buyer shall pay, fees or expenses that were orally authorized in order to progress promptly with the work.
- Warranty of Originality
The Artist warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Artist has full authority to make this agreement; and that the work prepared by the Artist does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Buyer or others may make of the Artist's product which may infringe on the rights of others. Buyer expressly agrees that it will hold the Artist harmless for all liability caused by the Buyer's use of the Artist's product to the extent such use infringes on the rights of others.
- Limitation of Liability
Buyer agrees that it shall not hold the Artist or his/her agents or employees liable for any incidental or consequential damages which arise from the Artist's failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Artist or a third party.
- Dispute Resolution
Any disputes in excess of $_________ (maximum limit for small claims court) arising out of this Agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Buyer shall pay all arbitration and court costs, reasonable attorney's fees, and legal interest on any award of judgment in favor of the Artist.
- Acceptance of Terms
The signature of both parties shall evidence acceptance of these terms.
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consented and agreed to
date ___________________________________________________________
artist's signature _________________________________________________
authorized signature ______________________________________________
buyer's name and title _____________________________________________
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