Terms & Conditions
OwnershipTitle to the Work shall remain in the Artist until the Artist is paid in full. In the event of termination of this Agreement pursuant to Subparagraphs (A), (B), (C), or (D) of Paragraph 5, the Artist shall retain all rights of ownership in the Work and shall have the right to complete, exhibit, and sell the Work if the Artist so chooses.
In the event of termination of this Agreement pursuant to Paragraph 5 (E) or (F), the Purchaser shall own the Work in whatever degree of completion and shall have the right to complete, exhibit, and sell the Work if the Purchaser so chooses.
Notwithstanding anything to the contrary herein, the Artist shall retain all rights of ownership and have returned to the Artist the preliminary design, all incidental works made in the creation of the Work, and all copies and reproductions thereof and of the Work itself, provided, however, that in the event of termination pursuant to Paragraph 5 (E) or (F) the Purchaser shall have a right to keep copies of the preliminary design for the sole purpose of completing the Work.
Copyright.The Artist reserves all rights of reproduction and all copyrights in the Work, the preliminary design, and any incidental works made in the creation of the Work.
Copyright notice in the name of the Artist shall appear on the Work, and the Artist shall also receive authorship credit in connection with the Work or any reproductions of the Work.
PrivacyThe Purchaser gives to the Artist permission to use the Purchaser’s name, picture, portrait, and photograph, in all forms and media and in all manners, including but not limited to exhibition, display, advertising, trade, and editorial uses, without violation of the Purchaser’s rights of privacy or any other personal or proprietary rights the Purchaser may possess in connection with reproduction and sale of the Work, the preliminary design, or any incidental works made in the creation of the Work.
TerminationThis Agreement may be terminated on the following conditions:
- (A) If the Purchaser does not approve the preliminary design pursuant, the Artist shall keep all payments made and this Agreement shall terminate.
- (B) The Purchaser may, upon payment of any progress payment due pursuant upon payment of an amount agreed in writing by the Artist to represent the pro rata portion of the price in relation to the degree of completion of Work, terminate this Agreement. The Artist hereby agrees to give promptly a good faith estimate of the degree of completion of the Work if requested by the Purchaser to do so.
- (C) The Artist shall have the right to terminate this Agreement in the event the Purchaser is more than sixty days late in making any payment due pursuant, provided, however, nothing herein shall prevent the Artist bringing suit based on the Purchaser’s breach of contract.
- (D) The Purchaser shall have the right to terminate this Agreement if the Artist fails without cause to complete the Work within ninety days of the completion date. In the event of termination pursuant to this subparagraph, the Artist shall return to the Purchaser all payments made pursuant, but shall not be liable for any additional expenses, damages, or claims of any kind based on the failure to complete the Work.
- (E) The Purchaser shall have a right to terminate this Agreement if, pursuant, the illness of the Artist causes a delay of more than six months in the completion date or if events beyond the Artist’s control cause a delay of more than one year in the completion date, provided, however, that the Artist shall retain all payments made pursuant.
- (F) This Agreement shall automatically terminate on the death of the Artist, provided, however, that the Artist’s estate shall retain all payments made pursuant.
- (G) The exercise of a right of termination under this Paragraph shall be written and set forth the grounds for termination.