Contract
Letter of Agreement
Client Information
Name:
Date Ordered:
Address:
Date Needed By:
Email:
Project:
Phone:
Project ID#:
Best time to call:
Description
Size:
Subject Matter:
Colors:
Project fees/terms: 50% due with invoice and 50% due at completion/delivery.
Fees are detailed on the invoice and include the artwork price, state taxes (if applicable), and shipping.
Terms
This Agreement must be signed and returned before Artist can schedule or begin the job.
1. Copyright: The Artist retains the copyright to all the artwork, preliminary designs, sketches, and any incidental work made in the creation of the artwork, including all reproduction rights and the right to claim statutory copyright. No artwork may be reproduced or altered without the written consent of the Artist, including, but not limited to, all rights in sketches, comps, or other preliminary materials and the final Artwork. The Artist retains the rights to display images of all work created by the Artist for this project, including preliminary materials and the final Artwork, for use in Artist portfolios and marketing materials, including print and online.
The Client gives to the Artist permission to use the Client’s picture (happy customer photo), including but not limited to exhibition, display, advertising, trade, and editorial uses, without violation of the Client’s right to privacy.
2. Revisions: The Artist will submit a photograph of the preliminary sketch on the tiles for the Client’s approval. There is a limit of 2 revision requests to the sketch before design fees will apply at $100.00 an hour. Once the Client signs off on the drawing glazing will start.
3. Permissions and Releases: The Client agrees to indemnify and hold the Artist harmless against any and all claims, costs, and expenses, including attorney fees, due to the careless mishandling of the tiles by the installer.
4. Delays: In the event that the Artist falls ill, or has a disability preventing the completion of the Artwork before the install date and the date cannot be extended. The Client or the Artist may terminate this Agreement.
5. Termination and Returns: The Client may terminate this agreement if the Artist fails without cause to complete the Artwork by the agreed upon date of completion. In the event of termination, the Artist agrees to return to the Client all payments made to the Artist, but shall not be liable for any additional expenses, damages, fees or claims. If the Client terminates this agreement without cause the Artist retains the 50% payment made at the start date and with receipt of the original invoice. This agreement shall automatically terminate on the death of the Artist. The Artists’s estate shall retain all payments made pursuant to the above.
There are no returns of custom Artwork after its on-time completion. No exceptions.
6. Delivery: At the completion of the Artwork, the Artist will send the Client a notice, photo, and an invoice with the packing and shipping charges, based on the current USPS packing and shipping fees. Once full payment is made to the Artist via credit card, check, or cash the Artwork will be shipped. The Artist will provide tracking information for the Client. The delivery of the Artwork will be insured by the shipping carrier. In the event that the Artwork is lost or damaged during delivery, all reimbursements will be done through the shipping carrier to the client. Once the client or his representative has taken ownership of the artwork the artist is released from all responsibility.
7. Installation: The Project Fees do not include the cost of installation and the Artist will not
install the Artwork. It is the responsibility of the Client to have the Artwork installed. The artist is not responsible for any mistakes the tile installer makes.
8. Miscellany: This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding of the parties. It’s terms may be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally, followed up with an email confirmation. Any dispute regarding this Agreement shall be arbitrated in the Raleigh metropolitan area under the rules of the American Arbitration Association and the laws of the State of North Carolina. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver or other breaches of the same or other provisions. This Agreement shall be governed by the laws of the State of North Carolina, and North Carolina courts shall have the exclusive jurisdiction and venue
9. Artist’s Promise: I am honored to be a part of your home and your satisfaction is important to me. It’s my intention to make the process easy and enjoyable. Your project will not leave the studio unless the glazes are properly fired and the size is correct.
Signatures:
Consented and Agreed to:
by______________________________________________Date:____________
(Client)
________________________________________________Date:____________
(Artist)
***This Agreement must be signed and returned along with a 50% non refundable deposit.
The Artist will complete the following upon receipt of the signed agreement and non refundable deposit.
Project Start Date: ____________________________
Project Completion Date: ___________________________