Creative Services Art Contract

CREATIVE SERVICES ART CONTRACT

This Creative Services Art Contract ("Agreement") is entered into as of Effective Date: by and between Client Name: with Address: and Artist Name: with Address: .

RECITALS

WHEREAS, Client desires to engage Artist to create original visual art and related services as described in this Agreement; and

WHEREAS, Artist represents that Artist has the skill, experience, and resources to perform the creative services and to deliver the agreed deliverables in accordance with the terms of this Agreement; and

WHEREAS, the parties wish to set forth their rights and obligations with respect to the creation, delivery, licensing, and payment for the artwork.

SCOPE OF WORK

PAYMENT TERMS

REVISIONS

Client is entitled to rounds of revisions included in the fee. Additional revisions will be billed at .

INTELLECTUAL PROPERTY AND LICENSE

Ownership of copyright in the original artwork shall remain with the Artist by default. Upon full payment of all sums due under this Agreement, Artist grants Client a worldwide, non-exclusive, royalty-free license to use the delivered final deliverables for the uses described in the Deliverables section. Any use beyond those rights (including sale of originals as fine art editions, sublicensing, or adaptation for merchandise) requires a separate written agreement.

If Client requires assignment of copyright, Client shall check the box below and pay the assignment fee stated. Assignment, if selected, must be expressly documented and paid in full to be effective.

  Assign copyright to Client upon full payment for an additional fee of

Artist reserves the right to display the work in Artist's portfolio, website, exhibition documentation and marketing materials unless Client has paid for a negotiated confidentiality and non-attribution package.

CONFIDENTIALITY

"Confidential Information" means non-public business, technical or financial information disclosed by one party to the other in connection with this Agreement. Each party agrees to maintain in confidence and not disclose Confidential Information except to its employees or contractors who need to know and who are bound by confidentiality no less protective than this Agreement. Confidential Information does not include information that is or becomes publicly available other than through a breach of this Agreement, independently developed by the receiving party, or rightfully received from a third party without restriction.

TERM AND TERMINATION

This Agreement commences on Start Date: and continues until End Date: unless earlier terminated in accordance with this section.

Either party may terminate for convenience with days' prior written notice. Termination for material breach is effective upon thirty (30) days' written notice if the breach is not cured. Upon termination, Client shall pay Artist for all work performed and expenses incurred through the effective date of termination. Artist will deliver any completed deliverables to Client upon receipt of all amounts due.

WARRANTIES, INDEMNITY, AND LIMITATION OF LIABILITY

Artist represents and warrants that (a) the work delivered is original to Artist and does not infringe the intellectual property rights of third parties, and (b) Artist has full power and authority to enter into this Agreement. Client represents that any materials provided to Artist do not infringe third-party rights.

Each party shall indemnify and hold the other harmless from claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of the indemnifying party's breach of this Agreement or its negligence or willful misconduct.

EXCEPT FOR LIABILITY ARISING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR BREACH OF CONFIDENTIALITY, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES. THE AGGREGATE LIABILITY OF EITHER PARTY FOR ANY CLAIM ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY CLIENT TO ARTIST UNDER THIS AGREEMENT.

GOVERNING LAW

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

ENTIRE AGREEMENT

This Agreement, together with any attachments or exhibits expressly incorporated 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 amendment or modification must be in writing and signed by both parties.

MISCELLANEOUS

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. The parties are independent contractors and nothing in this Agreement creates an employment, partnership or agency relationship. Notices shall be delivered to the addresses set forth above.

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