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- CREATIVE SERVICES TO BE RENDERED
- PROPRIETARY INTERESTS
- GENERAL PROVISIONS
This ‘CD ARTWORK / DESIGN AGREEMENT’ (“Agreement”) is made by and entered into between [ARTIST NAME] (the “Artist”) and [BAND NAME] (the “Band”), and is executed as a binding agreement as of the Effective Date (Artist and Band are sometimes herein referred to collectively as the “Parties” or individually as a “Party”).
BACKGROUND AND PURPOSE
- WHEREAS, Band desires to appoint Artist to create Artwork as described below; and
- WHEREAS, Artist desires to accept appointment, as set forth herein.
NOW THEREFORE, in consideration of the mutual promises and other good and valuable consideration considered hereinafter, the receipt and sufficiency of which are acknowledged by the Parties, the Artist and the Band agree as follows:
- CREATIVE SERVICES TO BE RENDERED.
The Band hereby employs Artist to create Artwork for the cover, cd booklet, inserts, and any additional artwork for the album currently titled [TITLE]. The artist will create an initial design for the Band to review and make suggestions until Artist and Band mutually agree on the Artwork. Artist warrants that the Artwork will be of a quality and standard equivalent for use in the music industry. Artist will deliver Artwork in a format requested by the cd duplicator for the printing, manufacturing and packaging of the album. The artwork will be completed on the following date, [DATE].
(a) Terms of Payment – The Band agrees to pay the Artist [$AMOUNT] ([$###]) per hour OR a flat fee of [$AMOUNT] ([$####]) for the entire Artwork project. Band has paid the sum of [$AMOUNT] ([$####]) as an initial deposit to the Artist. The remainder of the balance shall be paid when the Artwork is completed.
(b) Expenses – Band agrees to reimburse Artist for all reasonable production expenses including but not limited to halftones, stats, photography, disks, or illustrations. These expenses will be itemized on invoices, and in no event will any expense exceed $50 without approval from the Band.
(c) Royalties – In addition to any other payments provided under this agreement, if the Artwork is used on merchandise authorized by the Band that is sold to the public, Artist is entitled to [PERCENT] ([##%]) percent on net profits from sale of merchandise. Net profits are all revenues received minus the costs of production, shipping, and any discounts or fees paid to distributors or retailers.
- PROPRIETARY INTERESTS.
Artist assigns all copyright of Artwork to the Band and agrees to cooperate in the preparation of any documents necessary to demonstrate this assignment of rights. Artist retains the right to display the work as part of Artist’s portfolio and to reproduce the Art in connection with the promotion of Artist’s services.
Credit for Artist will be included on reproductions of the Art as [“ARTIST CREDIT”].
Artist warrants that Artist has the power and authority to enter into this Agreement. The Artwork will not infringe any intellectual property rights or violate any laws. If necessary the Artist has or will obtain all necessary rights or licenses associated with any artwork, photos, or illustrations incorporated into the Artwork.
- GENERAL PROVISIONS
(a) Assignment – Neither this Agreement nor any services in this Agreement may be assigned by Artist without the prior express written approval of Band.
(b) Indemnification – The Artist hereby agrees to indemnify the Band and defend the Band from any claims and damage arising out of any breach of this Agreement.
(c) Relationship of Parties – The Parties acknowledge and agree that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.
(d) Written Notices – All notices or other communications given or made hereunder shall be in writing and shall be delivered or mailed by registered or certified mail, return receipt requested, postage prepaid, to the Parties at the addresses set forth below.
(e) No Waiver – The waiver or failure of either party to exercise in any respect any right provided in this agreement shall not be deemed a waiver of any other right or remedy to which the party may be entitled.
(f) Governing Law – This Agreement shall be construed and enforced according to the laws of the [STATE/PROVINCE AND COUNTRY] without reference to conflict of law principles, and any dispute under this Agreement must be brought in this venue and no other.
(g) Severability – If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
(h) Headings – The headings in this Agreement are for convenience only, confirm no rights or obligations in either party, and do not alter any terms of this Agreement.
(i) Entire Agreement – The terms and conditions set forth herein constitute the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings, communications, representations, warranties or previous agreements (whether oral or written) with respect to the subject matter of this Agreement. There are no written or oral understandings directly or indirectly related to this Agreement that are not set forth herein. No change or amendment can be made to this Agreement other than in writing and signed and executed by both Parties.
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