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www.CustomMyTees.com Artists/Artwork Contract Here at CustomMyTees, it’s all about the art! This contract is a work-for-hire Agreement between Client and a Freelance artist for your project(s). If you have any questions about this form, please call me at (512)507-5659 or email me at: paulmckinneyart@yahoo.com (please fill in the blanks) WORK-FOR-HIRE FREELANCE AGREEMENT (INDIVIDUAL AGREEMENT) This agreement is made on__________________________________________, 20_________, between _____________________________________, located at_____________________________________ ___________________________________________________________________________________ and_________________________________________________________, a freelance artist residing at ___________________________________________________________________________________. In consideration of the mutual covenants herein contained, the parties, referred to hereinafter as Client and Freelancer, hereby agree as follows: 1. Services. Freelancer agrees to provide the services specified in any Project Schedule that shall, from time to time, be defined and executed by the parties. Such duties are hereinafter referred to as Services. 2. Terms and Termination. This agreement shall continue until terminated by either party upon _______ days after written notice. 3. Payment For Services. (a) Charges As full compensation for Services provided by Freelancer pursuant to any Project Schedule, Client agrees to pay Freelancer the charges as set forth and defined under Project Schedule below. Project Schedule Services Overall design and production of promotional and advertising materials, ads, flyers, t-shirt designs, and comic books. Charges Freelancer will be paid a deposit amount of $________ as agreed upon between Client and Freelancer; or Freelancer will be paid $________ an hour as an independent contractor. Such payment will be every ______ week(s). Term The term of this agreement is ______ months (days, weeks), or ______ days after written notice by either party. (b) Reimbursement for expenses. Client shall reimburse Freelancer for reasonable out-of-pocket expenses incurred by Freelancer in the performance of Services only if specifically included on the applicable Project Schedule. Freelancer agrees to maintain appropriate records and to submit copies of all receipts necessary to support such expenses at the intervals and in the manner prescribed by Client. Page 1 4. Independent Contractor. It is understood and agreed that Freelancer shall perform the Services as an independent contractor and freelance worker. Freelancer shall not be considered an employee of Client. Freelancer shall not be entitled to any benefits provided by Client/Publisher to its employees, and Client will make no deductions from any payments due to Freelancer hereunder for state or federal tax purposes. Freelancer agrees to be personally responsible for any and all taxes and other payments due on moneys received from Client hereunder. 5. Warranty (a) Original development. Freelancer represents and warrants that all work performed for, or on behalf of, Client/Publisher and all work products produced thereby, will not knowingly infringe upon or violate any patent, copyright, trade secret, or other property rights of any former employer, client, or other third party. (b) Warranty of expertise. Freelancer represents and warrants that he is highly skilled and experienced in providing the Services required under each Project Schedule entered into hereunder. 6. Indemnification. Freelancer shall indemnify Client/Publisher from all claims, losses, and damages that may arise from the breach of any of his obligations under this Agreement. 7. Protection of Confidential Information. (a) Confidential information. For purposes of this Agreement, the term “confidential information” means all information that is not generally known and that: (i) is obtained by Freelancer from Client/Publisher or is learned, discovered, developed, conceived, originated, or prepared by Freelancer during the process of providing Services to Client, and (ii) relates directly to the business or assets of Client/Publisher. Confidential information shall include but not limited to: inventions, discoveries, trade secrets, and know- how; computer software codes, designs, routines, algorithms, and structures; product information, research, and development information; lists of clients, sources, and other related information; financial data and business plans and processes; and any other information about Client that Client informs Freelancer, or that Freelancer should know by virtue of his position, is to be kept confidential. (b) Obligation of nondisclosure. During the term of this Agreement and at all times thereafter, Freelancer agrees to not disclose to others, or otherwise appropriate or copy, any confidential information, whether or not developed by Freelancer, except as required in the lawful performance of obligations to Client hereunder. The obligations of Freelancer under this paragraph shall not apply to any information that becomes public knowledge through no fault of Freelancer. 8. Rights to Work. (a) Disclosure. Freelancer agrees to promptly disclose to Client all work developed in whole or in part by Freelancer within the scope of this Agreement with Client including but not limited to: any literary works, artwork, graphics, or any concept, idea, or design relating thereto; and letters, pamphlets, drafts, memoranda, and other documents, writings, or tangible things of any kind relating thereto. Such material is hereinafter referred to as the Work. (b) Ownership and assignment of rights. All Work created by Freelancer shall belong exclusively to Client and shall be considered a work made for hire for Client within the meaning of Title 17 of the United States Code. To the extent that Client does not own such Work as a work made for hire, Freelancer hereby assigns to Client all rights to such Work, including but not limited to all other patent rights, copyrights, and trade-secret rights. Freelancer agrees to execute all documents reasonably requested by Client to further evidence the forgoing assignment and to provide all reasonable assistance to Client in perfecting or protecting Client’s rights to such Work. Page 2 9. Duty Upon Termination. Upon termination of this Agreement, for any reason or at any time upon request of Client, Freelancer agrees to deliver to Client all materials of any nature that are or contain confidential information or Work, or that are otherwise the property of Client or of any its customers and including but not limited to: writings, designs, documents, records, data, memoranda, tapes, and computer disks containing software, routines, file layouts, record layouts, system design information, models, manuals, documentation, and notes. 10. Governing Law. This contract will be governed by and construed in accordance with the laws of the state of Texas. 11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with the regards to the matters set forth herein and supersedes all other agreements, proposals, and representations, oral or written, express or implied, with regard thereto. In Witness Whereof, the parties have executed this Agreement as of the day and year set forth above. FREELANCER CLIENT By:____________________________________ By:____________________________________ Co: Co: ______________________________________ ____________________________________ www.CustomMyTees.com Artists/Artwork Contract paulmckinneyart@yahoo.com Page 3 |