ARTIST LICENSING AGREEMENT
This Artist Licensing Agreement (the “AGREEMENT”) is entered into effective this date, (date added
here) between ARTIST NAME (“ARTIST”) and MISSFITS (“CLIENT”).
Scope of this Agreement. This Agreement applies to any image, graphics, digital assets, or digital images
created or taken by Artist and delivered to the Client (collectively known as “IMAGES”). This Agreement
governs the relationship between the parties and in no communication or other exchange, shall modify the
terms of this Agreement unless agreed to in writing.
Rights: All Images and rights relating to them, including copyright and ownership rights in the media in
which the Images are stored, remain the sole and exclusive property of the Artist. This license provides the
Client with the limited right to reproduce, publicly display, and distribute the Images only for the agreed
upon terms as set forth in the Client Invoice and signed by both parties. Images used for any purpose not
directly related outside of those terms must be with the express permission of Artist and may include the
payment of additional fees, unless otherwise agreed to in writing. Images may contain copyright
management information (CMI) at the discretion of the Artist in the form of either 1) a copyright notice ©
and/or 2) other copyright and ownership information embedded in the metadata or elsewhere unless
otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes
a violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to the Artist for
any penalties and awards available under that statute.
Relationship of the Parties: The parties agree that Artist is an independent contractor and that neither
Artist nor Artist’s employees or contract personnel are, or shall be deemed to be, employees of Client. No
agency, partnership, joint venture, or employee-employer relationship is intended or created by this
Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in
this Agreement. Artist and the Images or any other deliverables prepared by Artist shall not be deemed a
work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are
expressly defined by this Agreement.
Creation: The manner and method of creating any Image is solely at the discretion of Artist and the Client
has no right to control Artist’s manner and method of performance under this Agreement. Artist will use
his/her best efforts to: (a) ensure that the Images conform to Client’s specifications; and (b) submit all Images
to Client in publishable quality, on or before the applicable deadlines.
Delivery: Artist may select delivery of designs in PDF, JPEG, PNG, or other standard formats at a resolution
that Artist determines will be suitable for the Images as licensed. It is the Client’s responsibility to verify
that the Images are suitable for reproduction and that if the Images are not deemed suitable, to notify the
Artist within five (5) business days. Artist’s sole obligation will be to replace the Images at a suitable
resolution but in no event will Artist be liable for poor reproduction quality, delays, or damages.
Fees (advance payment): Client is not required to pay Artist an upfront fee since there is no guarantee that a license will generate any royalties at all.
Credit: Client agrees to recognize Artist as being the creator of the images by including Artist name within close proximity of the image/s.
Royalties: Artist will be paid a 50% royalty fee on every sale made of their artwork by the Client. To ensure
that Artist is aware when sales of their work have been made, Client agrees to provide Artist with the means of monitoring sales. Artist will be sent an up to date sales report on request no more than once per day.
At the time of this agreement, the Client’s business will still in
be its early stages of development. As a result, Artist must appreciate that the Client may not have a fully operational sales monitoring system in place to allow Artist to log in and monitor themselves.
Duration: Upon signing this agreement parties will be bound by its terms for 12 months beginning INSERT DATE and ending INSERT DATE. This agreement will automatically renew at the end of each
term for a further term of 12 months unless either party gives the other written notice of termination.
Cancellation: If Client cancels this Agreement prior to 1) Stated delivery date on the Client Invoice or 2)
within one (1) month of this agreement.
If Artist wishes to cancel the
contract at any other time throughout the 12 months period he/she must give notice of termination (via letter)
1 month before they wish the contract to be terminated.
Exclusivity: This Agreement does not create an exclusive relationship between the parties. The client is free
to engage others to perform services of the same or similar nature to those provided by Artist. Artist shall
also be entitled to offer and provide services to others and solicit other clients.
Transfer and Assignment: Client may not assign or transfer this agreement or any rights granted under it.
No amendment or waiver of any terms is binding unless in writing and signed by the parties.
General Law/Arbitration: This Agreement sets forth the entire understanding of the parties, and supersedes
all prior agreements between the parties. This Agreement shall be governed, interpreted and enforced in
accordance with the laws of NEW ZEALAND.
Any claim or litigation arising out of this
Agreement or its performance may be commenced only in courts physically located in NEW ZEALAND , and the parties hereby consent to the personal jurisdiction of such courts. In the event of any
litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its
attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute, either party may request
mediation and/or binding arbitration in a forum mutually agreed to by the parties.
Severability: If one or more of the provisions in the Agreement is found invalid, illegal or unenforceable in
any respect, the validity and enforceability of the remaining provisions shall not be affected. Any such
provisions will be revised as required to make them enforceable.
Waiver: No action of either party, other than in writing agreed to by the parties, may be construed to waive
any provision of this Agreement and a single or partial exercise by either party of any such action will not
preclude further exercise of other rights or remedies in this Agreement.
IN WITNESS WHEREOF, the parties have caused this Artist Licensing Agreement to be duly executed as
of the dates written below.
By: ___________________________________ Name: _____________________________
Title: __________________________________ Date: _______________________________
By: __________________________________ Name: _______________________________