This is a contract through which an artist grants an organization or person the merchandising rights to an image or artwork belonging to the artist for use in specified types of merchandise. The one we use can be found at: http://www.whitewaterarts.org/PDFs/Licensing_Ag....
This Agreement is entered into on February 1, 2013, between XY Unlimited, hereinafter referred to as the "Grantee", located at , and Jennifer Beeson, hereinafter referred to as the "Artist", located at 998 Eucalyptus Dr. Banning, CA 92220.
Whereas, the Artist hereby represents that he/she has created an image or object that is his/her own original work of art or craft and it is not made from copyrighted material or patterns and said image is titled and is described as:
Title: Xy Unlimited Photo Shoot
Description: Photo shoot at various Southern California locations
Whereas, the Grantee wishes to use the above described work in the creation of art posters and/or art show invitations and/or notecards, any of which may be offered for sale by the Grantee;
Whereas, the Grantee and the Artist want to achieve the best possible quality reproduction(s) of the image to create future sales of said image;
Now therefore, in consideration of the mutual promises set forth below, as well as other valuable consideration, the parties agree as follows:
1) The Artist grants to the Grantee the exclusive right to use or reproduce the image for the following types of merchandise:
album covers, dvd covers, website, poster art, promotional products, t-shirts, business cards
2) This grant permits the Grantee the exclusive right to manufacture, distribute, and sell the merchandise. Further, the artist grants to the Grantee the right to reproduce the image on the Grantee's website and all other Grantee promotional materials.
3) The term of this contract is for two calendar year, commencing upon both parties signing this contract.
4) During the term of the contract, the Artist agrees that he/she will not make or sell or distribute forms of the image that is the subject of this contract.
5) The Artist shall retain all copyrights in and to the image. The Grantee shall identify the Artist as the creator of the image on the licensed products and shall reproduce thereon, a copyright notice for the Artist which shall include the word "Copyright" or the symbol for copyright "©", the Artist's name, and the date and year of the first publication.
6) The artist understands that all profits from the sale of the Artist's merchandise will benefit the Grantee.
7) The Grantee shall give to the Artist, at no cost to the Artist, 1 album of the licensed products, for the Artist's personal use.
8) The Artist shall have the right to approve of the quality of the reproduction of the image on the licensed products and the Artist agrees not to withhold approval unreasonably.
9) The Grantee will sell the licensed products in North America; however, the Grantee will not be the Artist's agent or promoter.
10) The Artist shall indemnify and hold the Grantee harmless from and against any loss, expense or damage occasioned by any claim, demand, suit or recovery against the Grantee, arising out of any alleged use of the image which violates or breaches a third party's property rights.
11) Neither party shall assign rights or obligations under this agreement.
12) Nothing herein shall be construed to create a joint venture between the parties, nor shall any similar relationship be deemed to exist between them.
13) This agreement shall be construed in accordance with the laws of the State of California, except for copyright law, which shall be interpreted in accordance with national and international copyright law.
14) This agreement constitutes the entire agreement between the parties hereto and shall not be modified, amended or changed in any way except upon a written agreement signed by both parties.
The grantee will receive either a cd/dvd or digital download of the images from said photo shoot.