Artist Agreement Example

Artist Agreement

This Artist Agreement (“Agreement”) is made effective as of Date, 2024, by and between Whisker Tees LLC (“Company”) and Artist Name  (“Artist”) (together, the “Parties”).

 

Whereas Company desires to retain the services of Artist to develop certain apparel (“Product”) containing artwork created by Artist as described in Schedule A - Statement of Work.        

Whereas Artist is willing and able to provide such art services to develop such artwork for Company in accordance with the terms recited herein.  

In consideration of the foregoing and the agreements contained herein, the Parties agree as follows:

  1. Ownership.
  1. Grant of Rights. The Artist hereby grants to Company the sole and exclusive right to print its artwork on Product(s) and sell the Product(s) for the term of this Agreement as described in Schedule A - Statement of Work.        .
  2. Warranties. Artist hereby represents and warrants to Company that is the lawful possessor and owner of the Artwork.  Artist further represents and warrants to Company that it is free to enter into this Agreement and that its performance thereunder will not conflict with any other Agreement to which Artist may be a party. Artist further represents and warrants to Company that artwork is unique and original, is clear of any claims or encumbrances, and does not infringe on the rights of any third parties.
  3. Proprietary Rights.  The parties acknowledge and agree that the Artist shall retain all right, title, and interest to the Artwork, including without limitation any copyright or other proprietary rights in and to the same.

 

  1. Compensation/Royalties.  Provided that Artist faithfully and completely keeps and performs each and every condition of this Agreement on his part to be kept and performed, Company agrees to pay Artist the following:
  1. A royalty of $_ per each sale of the product associated with the work described in Schedule A - Statement of Work.
  2. All royalties/ compensation will be paid in full on a monthly basis if the Artist agrees on ACH payment. Mailed checks may be subject to different payout schedules, amount requirements, or fees.

 

  1. Company Rights. Company has the right to use or not use artwork as described in Schedule A and to reproduce, re-use, remove, modify, or make changes to the artwork as it sees fit to ensure the best possible product.

 

  1. Tax Matters.  Artist covenants and agrees that Artist shall be solely responsible for all income taxes, payroll taxes, and other withholdings (both employer and employee portions) with respect to all fees paid by the Company, and agrees to indemnify and hold the Company harmless from and against any and all loss, liability, claim, cause of action, suit, fine, damage, judgment, cost or expense (including reasonable attorneys’ fees) arising out of or in connection with any tax liability or other tax obligations relating to payments made to Artist pursuant to this Agreement, including, without limitation, any such taxes and withholdings imposed as a result of any claim or determination by any taxing authority or otherwise that Artist is not an independent contractor with respect to the services performed hereunder.

    The     Company will issue the Artist form 1099-MISC annually with total compensation amount listed as royalties to Artist.

 

  1. Term. This Agreement shall commence on Start Date and extend through End Date, unless the Agreement is terminated in a manner provided below.

 

  1. Termination. Any other provision to the contrary notwithstanding, this Agreement may be terminated as follows:
  1. Company may terminate this Agreement without cause and without further liability, upon thirty (30) days prior written notice to Artist. If Company elects to terminate this agreement hereunder, Artist is only entitled to the compensation then accrued to Artist by Company to the date of termination.

 

(b) Either party may terminate this Agreement upon mutual agreement and notice in writing.

 

  1. Independent Contractor; No Agency.  The relationship of the Artist to the Company is and shall continue to be that of an independent contractor, and no liability or benefits, such as workers’ compensation, pension rights or liabilities, insurance rights or liabilities, arising out of or related to an employer/employee relationship, shall arise, or accrue to either party or either party’s agent, subcontractor or employee, as a result of this Contract or its performance. No relationship, other than that of independent contractor, shall be implied between the parties or between either party and the other party’s agent, employee, or subcontractor, and the Artist hereby agrees to hold Company harmless for any such claims by it or its associates, and any cost or expense related thereto.

 

 

  1. Indemnification. Artist hereby agrees to indemnify and hold harmless the Company and its present and future officers, directors, affiliates, employees and agents ("Indemnified Parties") as for any claims, demands, losses, liabilities, damages, costs, and or expenses of any kind at all incurred by the Artist which arise out of or in connection with or based upon Artist’s performance of any of its duties under this Agreement.

 

  1. Binding Arbitration. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Michigan or another location mutually agreeable to the parties.

 

  1. No Modification Unless in Writing. No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.

 

  1. Applicable Law. This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of Michigan.

 

  1. Authority. This Agreement sets forth the entire Agreement and understanding between the Parties and supersedes all prior oral or written agreements and understandings relating to the subject matter of this Agreement. This Agreement may not be modified or discharged, in whole or part, except by written consent of the Parties.

 

  1. Counterparts. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute the same agreement.

 

  1. Waiver. No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this Agreement.
  2. Severability. If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Agreement.
  3. Assignability. This Agreement and the rights and obligations thereunder with respect to Artist are personal to Artist and may not be assigned by any act of Artist or by operation of law without the prior written consent of Company.  Company shall have the unfettered right to assign this Agreement to a successor to Company or to the purchaser of any of the assets of Company.

 

 

 

 

 

 

 

Signature Page to Follow

 

 

Company:

 

Company: Whisker Tees LLC

 

Printed Name: __________________________

 

Title:____________________________

 

Signature:____________________________

 

Date:____________________________

 

Artist: 

 

Company: _______________________

 

Printed Name: __________________________

 

Title:____________________________

 

Signature:____________________________

 

Date:____________________________

 

 

 

 

 

 

 

 

 

 

SCHEDULE A

 

 

Art Piece Title:

Description of Piece:

Thumbnail:

End Product to Be Produced: