Creative Poetic Intervention

CREATIVE POETIC INTERVENTION AGREEMENT

This Creative Poetic Intervention Agreement (the Agreement) is entered into as of , by and between:

Poet/Consultant Name:

Client Name:

WHEREAS

1. WHEREAS, Poet/Consultant is a professional poet, writer and performance artist with expertise in composing and delivering original poetic works, live interventions, and facilitation of creative writing experiences, and represents that Poet/Consultant has the qualifications, experience and ability to perform the services described herein.

2. WHEREAS, Client desires to retain Poet/Consultant to perform a creative poetic intervention for the project titled "" on the terms and conditions set forth in this Agreement.

3. WHEREAS, the parties wish to set forth their entire agreement regarding services, compensation, deliverables, and rights in writing.

SCOPE OF WORK

Planned Start Date:     Planned End Date:

PAYMENT TERMS

Total Fee (USD):

Deposit Required: Yes     Deposit Amount (if any):

Late Payment Fee: applied to outstanding amounts after days past due.

Acceptable Payment Methods: Bank Transfer Check Card

TERM AND TERMINATION

Term Commencement Date:     Term Expiration Date:

Either party may terminate this Agreement for convenience upon days' prior written notice. Either party may terminate for material breach if the breach is not cured within days after written notice specifying the breach.

In the event of termination, Client shall pay Poet/Consultant for all work performed and reimbursable expenses incurred through the effective date of termination, in accordance with the payment schedule.

CONFIDENTIALITY

"Confidential Information" means non-public information disclosed by one party to the other, whether marked confidential or not, including but not limited to creative concepts, drafts, budgets, audience lists, and marketing plans. Each receiving party shall: (a) hold Confidential Information in strict confidence using at least the same degree of care it uses to protect its own confidential information; (b) use Confidential Information solely to perform under this Agreement; and (c) not disclose Confidential Information to any third party except as permitted herein.

Confidentiality does not apply to information that: (i) is or becomes public without breach; (ii) was rightfully in the receiving party's possession prior to disclosure; (iii) is independently developed; or (iv) is required to be disclosed by law or court order, provided the disclosing party is given prompt written notice and an opportunity to seek protective measures.

The obligations of confidentiality survive termination of this Agreement for .

INTELLECTUAL PROPERTY

Unless the parties otherwise agree in writing, Poet/Consultant grants Client a non-exclusive, worldwide, perpetual license to use the final deliverables created under this Agreement for Client's internal and promotional purposes upon full payment of all fees due. Poet/Consultant retains a right to use the deliverables for portfolio and self-promotional purposes, provided such use does not disclose Client Confidential Information.

Assignment of copyright to Client: (check if parties intend full assignment upon payment). If assignment is checked, the parties will execute a separate written instrument transferring copyright to Client upon full payment.

Poet/Consultant warrants that any material provided is original or properly licensed and that use of such material by Client in accordance with this Agreement will not infringe third-party rights.

REPRESENTATIONS, INDEMNIFICATION AND LIMITATION OF LIABILITY

Each party represents that it has the full right and authority to enter into this Agreement. Poet/Consultant agrees to perform services in a professional manner in accordance with customary industry standards.

Indemnification: Each party shall indemnify, defend and hold harmless the other party and its officers, agents and employees from and against any third-party claims, liabilities, losses or expenses (including reasonable attorneys' fees) arising out of the indemnifying party's breach of representations, negligence, willful misconduct, or infringement of third-party rights.

Limitation of Liability: Except for liability arising from a party's gross negligence, willful misconduct or the other party's indemnification obligations, neither party's aggregate liability arising out of or related to this Agreement shall exceed the total fees paid by Client to Poet/Consultant under this Agreement.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of , without regard to conflict of law principles. The parties agree to attempt in good faith to resolve disputes through negotiation prior to pursuing any litigation.

ENTIRE AGREEMENT

This Agreement, including all attachments and exhibits referenced herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, understandings and communications, whether written or oral. Any modification or amendment must be in writing and signed by both parties.

NOTICES

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