Fill and Sign the Agreement Graphic Form

Agreement Between Graphic Artist and Magazine Agreement made on the ________________ (date) , between _____________________ (Name of Company which owns Magazine) , a corporation organized and existing under the laws of the state of ______________, with its principal office located at ___________________ ______________________________________________________ (street address, city, county, state, zip code) , referred to herein as Company , and _______________________ (Name of Graphic Artist) , of ____________________________________________________ ____________________ (street address, city, county, state, zip code) , referred to herein as Graphic Artist . Whereas, Company owns and operates a Magazine entitled ______________________ (Name of Magazine) , and Company desires to have certain services performed by Graphic Artist pursuant to the terms and conditions of this Agreement; and Whereas, Graphic Artist agrees to perform these services for Company under the terms and conditions set forth in this Agreement. Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Services to be Performed A. Provide design, layout and services using artwork, photos and graphics; B. (Describe other graphic art work to be done) _________________________ ______________________________________________________________________ . 2. Compensation Company shall pay to Graphic Artist the nonrefundable sum of $______________on execution of this Agreement and the balance of $_____________ when the work is completed. Said payments to Graphic Artist shall be made at _____________________________________ _____________________________________ (street address, city, county, state, zip code) . 3. Completion Date The services of Graphic Artist on the Project are to be completed on or before __________________ (date) . 4. Ownership of Work Product Graphic Artist agrees that the art and graphic designs that are conceived, developed, written, or contributed by Graphic Artist pursuant to this Agreement, either individually or in collaboration with others, shall belong to and be the sole property of Company and shall constitute a work made for hire as that phrase is defined in Section 101 of Title 17 of the United States Code (the Copyright Act). 5. Assignment of Contract Neither of the parties may assign this Agreement or any rights under the Agreement without the prior written consent of the other party. 6. Governing Law The parties agree that this agreement shall be governed by and construed pursuant to the laws of _____________________ (state) . 7. Entire Agreement This Agreement is the complete and exclusive statement of the mutual understanding of the parties. This Agreement supersedes and cancels all previous written and oral agreements and communications between the parties relating to the subject matter of this Agreement. 8. Amendment The parties agree that they may amend this Agreement only by a written agreement duly executed by persons authorized to execute agreements on behalf of the parties. 9. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 10. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 11. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 12. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 13. Independent Contractor Graphic Artist is an independent contractor and is not an employee, servant, partner or joint venturer of Company . Company shall determine the services to be provided by Graphic Artist , but Graphic Artist shall determine the legal means by which it accomplishes the services in accordance with this Agreement. Company is not responsible for withholding, and shall not withhold or deduct from the commissions FICA or taxes of any kind, unless such withholding becomes legally required. Graphic Artist is not entitled to receive the benefits which employees of Company are entitled to receive and shall not be entitled to workers compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing, or Social Security on account of his services to Company . 14. In this contract, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. ___________________________ (Name of Company) ________________________ By:_________________________ (P rinted name) __________________________ ________________________ (P rinted name & Office in Corporation) (Signature of Graphic Artist) __________________________ (Signature of Officer)