Art Painting Agreement

ART PAINTING AGREEMENT

Recitals

WHEREAS, Artist Name: is a professional visual artist engaged in the creation of original painted artwork; and

WHEREAS, Client Name: desires to commission Artist to create the artwork described below under the terms set forth in this Agreement; and

WHEREAS, the parties wish to set forth their respective rights and obligations with respect to the commissioned artwork.

1. Project Identification

2. Scope of Work

Artist shall create and deliver the artwork described below in accordance with this Agreement. Delivery of a final, high-quality painting that conforms to the dimensions, medium, and other specifications set by the parties shall constitute completion for purposes of payment.

3. Schedule and Acceptance

Commencement of work shall occur on Start Date: and Artist will use commercially reasonable efforts to substantially complete the artwork by Completion Date: .

Following delivery, Client shall inspect the artwork and shall notify Artist in writing within Inspection Period (days): of any claimed nonconformity. Failure to provide timely notice constitutes acceptance.

4. Payment Terms

Client shall pay Artist the total purchase price set forth below in exchange for the creation and delivery of the artwork, subject to the payment schedule and conditions described herein.

Payments are due in accordance with the schedule above. Unpaid amounts not received within Late Fee Grace Period (days): after their due date shall accrue late charges as set forth below.

Late fee applies monthly on overdue balances at the rate indicated above or the maximum rate permitted by law, whichever is less. Client is responsible for all collection costs and reasonable attorneys' fees incurred by Artist in collecting overdue amounts.

5. Term and Termination

This Agreement shall commence on Start Date: and shall continue until End Date: or until the parties have fully performed their obligations, unless earlier terminated as provided herein.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure the breach within Cure Period (days): after receipt of written notice specifying the breach.

Either party may also terminate this Agreement without cause upon Notice Period (days): days' written notice to the other party. If Client terminates without cause after Artist has commenced work, Client shall compensate Artist for work performed and non-recoverable costs incurred through the effective date of termination.

6. Confidentiality

Each party shall maintain in confidence the other party's proprietary information disclosed in connection with this Agreement and shall not disclose such information to third parties except as required to perform obligations hereunder, to enforce rights, or as required by law. Confidential information does not include information that is publicly known through no fault of the receiving party.

7. Intellectual Property and Copyright

Except as expressly provided below, Artist retains all right, title, and interest in copyrights and moral rights in the artwork, preliminary designs, sketches, and related materials. Artist grants Client a nonexclusive, nontransferable license to display the delivered artwork for Client's personal or commercial use only upon full payment of the Total Fee.

If the parties intend full transfer of copyright ownership, the parties shall indicate such intent by selecting the Full Transfer option and specifying consideration below. Any transfer of copyright shall be effective only upon express written assignment and full payment of the agreed consideration.

Full transfer of copyright to Client upon full payment (specify terms below)

8. Warranties; Indemnification

Artist represents and warrants that the artwork will be original to Artist and will not infringe upon any third-party intellectual property rights. Client represents and warrants that any materials, images, or instructions provided to Artist do not violate third-party rights and that Client has authority to license their use.

Each party shall indemnify, defend and hold harmless the other party from and against any losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising from breach of such party's representations, warranties, or obligations under this Agreement.

9. Limitation of Liability

EXCEPT FOR LIABILITY ARISING FROM WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AND EACH PARTY'S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS PAID OR PAYABLE BY CLIENT HEREUNDER.

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles.

11. Entire Agreement; Amendments

This Agreement, including all exhibits and written attachments signed by the parties, constitutes the entire agreement between Artist and Client with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals and representations, whether written or oral. Any modification or amendment of this Agreement must be in writing and signed by both parties.

12. Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below or to such other address as a party may designate by notice to the other. Notice is effective upon personal delivery, or three (3) business days after deposit with a nationally recognized overnight courier.

13. Miscellaneous Provisions

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties acknowledge that they have read and understood this Agreement and that they are duly authorized to execute this Agreement.

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