|Sample Contract for Web Art|
Phillip Martin Custom Art Agreement
This agreement (the "Agreement") is made and entered into as of the Effective Date, by and between Phillip Martin of __________________________________ ("Artist") and ___________________, of _____________________________ ("Licensee"). This Agreement is intended to grant Licensee a nonexclusive limited license to reproduce the graphic design(s) that are described more fully below.
.....Artist agrees to produce the freelance and/or graphic designs more fully described on the Statement of Work, which is attached Exhibit A and is incorporated by this reference (the "Work"). Client may request that Artist perform additional work and if Artist agrees to perform such additional work, Artist and Client will execute subsequent Statement(s) of Work, which will be also be governed by the terms of this Agreement. Each Statement of Work will contain: (1) a brief description of the scope of the Work Artist will produce and deliver to Client; (2) the deadline by which Artist will complete and deliver the Work; (3) the revisions, if any, Artist agrees to make to the Work; and (4) a budget for the Work including the fees for Artist's initial services and the fees for Artist's additional services, if any. Artist will begin the Work upon Client's execution of this Agreement, or for any additional work, upon Client's oral or written approval of the subsequent Statement(s) of Work.
.....Artist agrees that he will be the sole author of the Work, which will be original work done by him, free of plagiarism. Artist further agrees to deliver the Work by the deadline and submission method further described in the Statement of Work. Artist will cooperate with Client in editing and otherwise reviewing the Work prior to the completion of the initial draft of the Work, and will make the revisions, if any, further described on the Statement of Work.
.....Client agrees to pay Artist in accordance with the terms specified in the Statement of Work and any subsequent Statement(s) of Work. If the parameters of the Work change, or if it involves more time than estimated, Artist will inform the Client and they will renegotiate Artist's compensation for the Work. Any such renegotiated compensation will be memorialized in an amended Statement of Work.
3. Payment and Collection
.....If Artist has not received any comments or revisions within 7 days of submitting the Work to Client, Artist will send Client an invoice via e-mail or U.S. Mail. Client agrees to pay all invoices in cash or by check payable to Phillip Martin within 30 days of the invoice date. Invoices not paid within 30 days of the invoice date will accrue interest at 1.5% per month. Artist reserves the right to refuse completion or delivery of Work until past due balances are paid. Client agrees to pay a $25.00 service charge for all returned checks, plus any bank service charges incurred by Artist due to the returned check.
.....Any verbal or written changes made by Client to the scope of the Work following its initiation by Artist are subject to additional charges. Should such changes negate any part of the Work already completed at the time of the changes, Client accepts responsibility for payment of the completed Work and all services related to it, in addition to charges for the change itself.
.5. Rights and Ownership
.....Artist retains all rights, including copyrights and moral rights, in and to the Work until Client has paid all charges set forth on the attached Statement of Work and any subsequent and/or amended Statement(s) of Work (the "Charges"). Following Client's full payment of the Charges, Artist agrees that that the Work shall become the exclusive property of Client. Artist understands and agrees that upon Client's full payment of the Charges, all right, title, and interest, including copyrights, in and to the Work will belong to the Client, and that the Work will be a "work made for hire" under the federal copyright statute. Artist hereby assigns, grants, and transfers to the Client or its designee all of his right, title, and interest, including copyrights, in and to the Work upon Client's full payment of the Charges. Furthermore, upon Client's full payment of the Charges, Artist waives all moral rights to the Work and agrees that Client may use, reproduce, adapt, distribute, perform, or display the Work, in any medium, and modify or create derivative works thereof, without the further consent of or payment to Artist.
.....Both parties understand that Client or Artist may terminate this Agreement at any time if, for any reason, the relationship is deemed unsatisfactory by either party, by mailing or emailing a written notice to this effect to the other party at the address set forth above or the email address set forth below. Any such notice will be effective when it is received by the other party. Should Client or Artist cancel the Work prior to its completion, Client is responsible for payment for all expenses incurred and any work done toward the completion of the Work based on the percentage of Work completed. Should Client cancel the Work following its completion, Client is responsible for full payment as provided in the Statement of Work or any subsequent Statement(s) of Work. Nothing in this Section 6 shall be construed to allow Artist to terminate this Agreement following Client's full payment of the Charges for the Work.
7. Additional Provisions
.....The validity and enforceability of this Agreement will be interpreted in accordance with the laws of the State of Ohio. This Agreement is our entire understanding and supersedes any prior agreements, whether oral or written. This Agreement may not be modified in any respect except in writing signed by both parties; provided, however, that Client and Artist's oral or written approval of any amended or subsequent Statement(s) of Work will be binding upon both parties subject to the terms of this Agreement.
.....Executed by the undersigned on the date set forth beside their respective signatures, to be effective as of the later of the two dates (the "Effective Date").
by: Phillip Martin ........................................................Date
(Print Name) ................................................................Client's email address
(Print Title, if signing on behalf of an organization).......................................................
STATEMENT OF WORK
1. Description of Work.