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DESIGN PURCHASE ORDER TO________________________ Commissioned By ____ __________________ Date _____________________________ Purchase Order Number _____________ Job Number _______________________ ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ASSIGNMENT DESCRIPTION Delivery Date _____________ Fee _______________________________________________ ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- BUYER SHALL REIMBURSE ARTIST FOR THE FOLLOWING EXPENSES:
ESTIMATED EXPENSES Toll Telephones__________________ Transit & Travel _________________ Messengers ____________________ Cancellation Fee ________________ Shipping & Insurance ______________ Other Expenses __________________ Client's Alterations ________________ Before Sketches __________________ After Sketches ___________________ After Finish ______________________ Sale of Original Art _____________________________________________________________________________ RIGHTS TRANSFERRED. BUYER PURCHASES THE FOLLOWING EXCLUSIVE RIGHTS FOR USAGE: Title or Product _ _______________________________________________________________ Category or Use __ _____________________________________________________________ Medium of Use _________________________________________________________________ Edition (if book) ______ __________________________________________________________ Geographic Area _______________________________________________________________ Time Period ___ _______________________________________________________________ Artist reserves any usage rights not expressly transferred. Any usage beyond that granted to buyer herein shall require the payment of a mutually agreed upon additional fee. Any transfer of rights is conditional upon receipt of full payment. ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1. Time for Payment All invoices shall be paid within thirty (30) days of receipt. The grant of any license or right of copyright is conditioned on receipt of full payment. 2. Default in Payment The Buyer shall assume responsibility for all collection of legal fees necessitated by default in payment. 3. Changes Buyer shall make additional payments for changes requested in to approved original assignment. However, no additional payment shall be made for changes required to conform to the original pre-approval assignment description. The Buyer shall offer the Artist first opportunity to make any changes. 4. Expenses Buyer shall reimburse Artist for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment. Buyer's approval shall be obtained for any increases in fees or expenses that exceed the original estimate by 10% or more. 5. Cancellation In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Artist, and a cancellation fee for work completed, based on the contract price and expenses already incurred, shall be paid by the Buyer. The Client shall pay the Designer according to the following schedule: fifty percent (50%) of original fee if canceled after preliminary sketches are completed, one hundred percent (100%) if canceled after completion of finished art. 6. Ownership of Artwork The Artist retains ownership of all original artwork, whether preliminary or final, and the Buyer shall return such artwork within thirty (30) days of use. 7. Credit Lines The Buyer shall give Artist and any other creators a credit line with any editorial usage. If similar credit lines are to be given with other types of usage, it must be so indicated here: _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _____If this is checked, the credit line shall be in the form: © 200__ ______________________________________________________________________ 8. Releases Buyer shall indemnify Artist against all claims and expenses, including reasonable attorney's fees, due to uses for which no release was requested in writing or for uses which exceed authority granted by a release. 9. Modifications Modification of the Agreement must be written, except that the invoice may include, and Buyer shall pay, fees or expenses that were orally authorized in order to progress promptly with the work. 10. Warranty of Originality The Artist warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Artist has full authority to make this agreement; and that the work prepared by the Artist does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Buyer or others may make of the Artist's product which may infringe on the rights of others. Buyer expressly agrees that it will hold the Artist harmless for all liability caused by the Buyer's use of the Artist's product to the extent such use infringes on the rights of others. 11. Limitation of Liability Buyer agrees that it shall not hold the Artist or his/her agents or employees liable for any incidental or consequential damages which arise from the Artist's failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Artist or a third party. *Time allotted for phone calls to and from clients are included in the billable hours. Usually the time is minor and easily absorbed, but the client should be aware that the longer the designer spends on the phone giving progress reports, the longer it will take to get to work on their project and if excessive, could delay the deadline. Please be advised that anything in excess of two 15 minute calls a week for a moderately sized project is usually unnecessary. Calls will be monitored, and if they exceed 30 minutes a week, they will be both billed and assessed for adjustment to the deadline of the project.
12. Dispute Resolution Any disputes in excess of $_________ (maximum limit for small claims court) arising out of this Agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Buyer shall pay all arbitration and court costs, reasonable attorney's fees, and legal interest on any award of judgment in favor of the Artist. 13. Acceptance of Terms The signature of both parties shall evidence acceptance of these terms.
Consented and agreed to
date ___________________________________________________________ artist's signature _________________________________________________ authorized signature ______________________________________________ buyer's name and title _____________________________________________
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