Artist and Client have discussed the details of the commissioned Artwork, which are reflected in this agreement. Prior to commencing work on the Artwork, Client must pay Artist 50% of the total price as a Deposit to an account in a manner mutually agreed to between Artist and Client. Due to the custom nature of the Artwork, all sales are final, and the Deposit is non-refundable.
Upon completion of the Artwork, the Artist will notify Client, who will pick it up from Artist’s Studio at a mutually agreeable time. The remaining 50% is due from Client upon receipt of the final invoice from the Artist.
Artist’s ideas, concepts, techniques, inventions, designs (whether ornamental or otherwise), related documentation, video materials, photographic materials, audio materials, other works of authorship, and the like prepared for, submitted to, or paid for by Client in connection with Artwork performed pursuant to this Agreement (collectively the “Artist IP”), are and shall, as between Artist and Client, be the exclusive property of Artist, and, under no circumstances shall be deemed works made for hire as defined by United States law. Artist reserves all rights to the Artwork, and any incidental or derivative works made therefrom, including the right to produce and sell prints or products displaying the Artwork in any form, including in her portfolio, on social media, at art shows, without attribution or compensation to Client. Reproduction of the Artwork without Artist’s prior written consent is prohibited.
Client represents and warrants that it has obtained all necessary rights, permissions, and licenses (the “Permissions”) needed with respect to any source material provided by Client to Artist (the “Source Material”, e.g. photographs) for use in or intended to inspire the Artwork, including the Permissions required for Artist to display and/or sell incidental, and/or derivative works of the Artwork for her own marketing purposes (for example, on her website, on social media, in print form at art shows, etc.), without attribution or compensation to the client or other image copyright holder. Client further represents and warrants that the reproduction of the provided Source Material will not violate the rights of any third party. In signing this Agreement, Client agrees to indemnify, defend, and hold Artist harmless from all actions, liabilities, damages, losses, and expenses, including reasonable attorney’s fees and costs, arising out of or relating to Artist’s possession, use, or reproduction of the Source Material, and any breach of Client’s representations and warranties contained herein.