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Rarible Commissioned Art Contract

Dec 22nd, 2020 (edited)
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  1. Date of the Agreement:
  2.  
  3. This agreement is between ____________________ (The Artist) and ____________________ (The Agent/Promoter)
  4.  
  5. AGREEMENT made as of the _____ day of _____, 20__, between ____________________ (Hereinafter referred to as the "Artist"),
  6. and ____________________ (Hereinafter referred to as the "Agent"), with respect to the commissioning of an artwork
  7. and or the Reverse-Commissioning (Hereinafter referred to as "Work").
  8.  
  9. Information about the Work:
  10.  
  11. The Artist agrees to create and mint Work in the form of a Non-Fungible Token (NFT) on Rarible.com at the Artist's expense for
  12. the Agent.
  13. This NFT will be sold for Ethereum (ETH) on the Blockchain and the Artist takes on 100% of the related fees.
  14. The Artist will strictly enforce a maximum quantity of 11 per minting to retain rarity and value.
  15. Additional Minting of the same NFT are acceptable, but will require an additional contract
  16.  
  17. Preliminary Design:
  18.  
  19. The Date to approve the preliminary design must be completed no later than _____ day of _____, 20__.
  20.  
  21. Delivery Date of Minting:
  22.  
  23. The Date to approve the final minting must be completed no later than _____ day of _____, 20__.
  24.  
  25. Presale Commission Fees: (If applicable)
  26.  
  27. The standard for commissioned artworks is 50% upfront & 50% upon delivery of Work. All relative blockchain expenses will be
  28.  
  29. paid by the Artist.
  30.  
  31. Fee: __________ (ETH)
  32.  
  33. Ownership Rights Post-Delivery:
  34. Full Ownership prevents the Artist from using the final Work in any future projects.
  35. If applicable, your fee pays for Full Ownership of the final Work to reproduce or showcase
  36. in any way you see fit without giving any credit to the Artist unless you choose.
  37.  
  38. Fee: __________ (ETH)
  39.  
  40. Referral Bonus:
  41. For every sale that is a direct referral to the Agent, The Agent will receive up to 45%, but no less than 40% of the sale as a
  42. direct payment to the Agent's ETH wallet within 72hours. Notification to the Artist and Proof is required to claim the bonus.
  43.  
  44. Payment of Commission Work:
  45.  
  46. ETH Payment to the Artist Wallet: ________________________________________ must be deposited before the start of the Work. All
  47. tx will be verified.
  48.  
  49. Termination of Work:
  50.  
  51. If the Agent does not approve the preliminary design, the Artist shall keep all payments made and the agreement shall
  52. terminate.
  53.  
  54. The Artist may terminate this agreement in the event the Agent is more than 30 days late in payment; however, nothing herein
  55. shall prevent the Artist bringing suit based on the Agent's breach of contract.
  56.  
  57. The Agent may terminate this agreement if the Artist fails without cause to complete the Work within _____ days of the delivery
  58. date stated herein.
  59. In the event of termination, the Artist agrees to return 90% of all payments made to the Artist for the work and the Artist
  60. takes full liability for all relative additional expenses, damages or claims.
  61.  
  62. The Agent may terminate this agreement in the event the illness of the Artist causes a delay of more than _____ weeks, or if
  63. events beyond the Artist's control cause a delay of more than _____ weeks of the Delivery Date provided.
  64. The Artist shall retain all payments made pursuant to the above.
  65.  
  66. This agreement shall automatically terminate on death of the Artist. The Artist's estate shall retain all payments made
  67. pursuant to the above.
  68.  
  69. Termination of any kind will be made in writing or digitally signed with a name and ETH address.
  70.  
  71. Ownership, Copyright and Privacy:
  72.  
  73. Title of the Work remains with the Artist until the Artist is paid in full.
  74.  
  75. If the Artist terminates this contract, the rights to the Work remain with the Artist and the Work may be sold to another
  76. customer.
  77. The Agent shall relinquish all rights and is prohibited from using any preliminary designs without prior consent by the Artist.
  78.  
  79. If the Work is terminated by the Agent in the event of an illness or event beyond the control of the Artist or Agent, the Agent
  80. will own the Work in whatever degree of completion and shall have the right to complete, exhibit and sell the Work if the Agent
  81. so chooses. The Agent has the right to keep the preliminary Work in order to complete the project.
  82.  
  83. The Artist reserves the rights of reproduction and all copyrights to the Work, the Preliminary Designs and any incidental Work
  84. made in the creation of the Work.
  85. The Artist shall receive authorship credit in the event of any reproduction of the Work unless specified above under "Ownership
  86. Rights Post-Delivery".
  87.  
  88. The Agent gives to the Artist permission to use the Agent's name, picture, portrait, and photograph, including but not limited
  89. to exhibition, display, advertising, trade, and editorial uses without violating the Agent's right of privacy.
  90.  
  91. The Artist shall have the right to access Work for 3 months, for exhibition or other events, at no cost to the Agent.
  92. The Artist will give the Agent prior notice if the Work is needed for exhibition or event.
  93.  
  94. Authorization and Signatures:
  95.  
  96. All Authorization must be signed by both parties digitally with both their name and ETH wallet address.
  97.  
  98. Artist: ____________________ Address: ____________________ Date: _____ day of __________, 20_____.
  99.  
  100. Agent: ____________________ Address: ____________________ Date: _____ day of __________, 20_____.
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