Portrait Modification Form

PORTRAIT MODIFICATION FORM

This Portrait Modification Form (the "Agreement") is entered into by the following parties as of the Effective Date set forth below.

Client Name:    Artist/Modifier Name:

Client Address:

Artist Contact (email/phone):

WHEREAS

WHEREAS, Client is the lawful owner or authorized licensee of the portrait image described below and seeks modifications to that portrait; and

WHEREAS, Artist is engaged in the business of image editing and portrait modification and has represented that Artist has the skill, personnel and equipment necessary to perform the requested modifications; and

WHEREAS, the parties desire to set forth the terms and conditions under which the portrait will be modified, delivered and licensed.

SCOPE OF WORK

Deliverables (file formats, resolution, color profile):

PAYMENT TERMS

Deposit Amount (if any):    Balance Due Upon Acceptance:

Any payment not received within days of its due date shall accrue a late fee of per month on the outstanding balance, calculated monthly and compounded.

TERM AND TERMINATION

Effective Date:    Completion Date (estimated):

Either party may terminate this Agreement for material breach by the other party if the breach remains uncured thirty (30) days after written notice. Upon termination, Client shall pay Artist for all satisfactory work performed through the termination date and for non-recoverable costs incurred.

Notice Period for voluntary termination (days):

CONFIDENTIALITY

Each party agrees to maintain in strict confidence all confidential information disclosed by the other party in connection with this Agreement and to use such confidential information solely for performance under this Agreement. Confidential information does not include information that: (a) is or becomes generally known to the public through no fault of the recipient; (b) was in the recipient's possession prior to disclosure; or (c) is rightfully obtained by the recipient from a third party without restriction.

Client hereby designates whether modifications contain confidential content that must not be used in Artist marketing/portfolio: Confidential — do not display in Artist portfolio

OWNERSHIP, LICENSES, AND MORAL RIGHTS

Client represents and warrants that Client owns or is authorized to modify the original portrait and to grant the rights set forth herein. Unless otherwise agreed in writing, upon receipt of final payment, Client shall own the final modified portrait, and Artist shall retain the right to reproduce the modified portrait in Artist's portfolio and promotional materials unless Client has designated confidentiality above. Artist warrants that modifications will not infringe third-party rights.

To the extent permitted by law, Artist hereby waives any moral rights in the final modified portrait assignable to Client upon final payment: Artist waives moral rights

ACCEPTANCE AND REVISIONS

Client shall have a review period of days following delivery to request reasonable revisions. The parties agree that revision requests must be specific and within the scope of the original specifications. Additional revisions or requests outside the original scope may be subject to additional fees at reasonable rates.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to its conflict of law principles. Exclusive venue for any legal action arising under this Agreement shall be in the appropriate state or federal court located in that state.

ENTIRE AGREEMENT

This Agreement, including any written statements of work and exhibits expressly incorporated herein, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. Any modification to this Agreement must be in writing and signed by both parties.

MISCELLANEOUS

If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign this Agreement without the prior written consent of the other party, except that Artist may assign to a successor in interest in connection with a merger or sale of substantially all assets.

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