CHLoÉ ELIZABETH MARATTA

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GLASS CONTRACT                

                                                

This Agreement (“Agreement”), entered August 11, 2016, between Chloé Elizabeth Maratta (“Artist”) and Glass Press [LA Warman, Natalia Panzer] (“Client”), shall govern the respective rights of Artist and Client with respect to the work described herein.        

 

Section 1: Scope of Work Commissioned                                

Artist and Client expressly agree that the artwork to be created by Artist pursuant to Client’s specifications shall be limited to, unless modified in a writing signed by both parties, the following, hereafter known as the “Work”:

  • Artist will complete artwork to be placed on FLASH2 (i)

  • Artist will contribute to Package Design Concept for FLASH2 (ii)
                                    

Section 2: Deadlines and Completion

Upon receipt of Client’s specifications pursuant to Section 1, which Client agrees are true and complete at the time of execution of this Agreement, Artist agrees to complete the Work upon the following schedule:
 

  • 09/01/2016 for completion of any preliminary contributions to Package Design Concept, including desired box and cushioning materials for FLASH2 (ii)

  • 09/15/2016 for completion of final artwork to be published on FLASH2 (i)

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Section 3: Rights Transferred

Artist and Client agree that the following rights shall be transferred from Artist to Client upon completion of the Work. Any rights not expressly specified herein shall be reserved by Artist.

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  • All Rights for Limited Time and Purpose. Artist hereby grants and assigns to Client the exclusive rights to publish, sell, advertise, show, or otherwise utilize the Work exclusively in relation to FLASH2, and not in furtherance of any other purpose not stated herein, for a period of 4.5 months, commencing upon completion of the Work by Artist and expiring February 1, 2017, unless modified by a writing signed by both parties.

 

Section 4: Compensation

Upon completion of the schedule set forth in Section 2 of this Agreement, Client agrees to compensate Artist as follows:                 

 

  • Upon completion of the Work Artist will receive $500.00.

Payment is provided from a grant from the University of Massachusetts Art Council, State of Massachusetts, USA, through support from Brendan McCauley and Union Art Gallery. Artist will receive a One-Time payment via check that will be filed October 28, 2016 upon completion of FLASH2 installation at Union Gallery, SUAG, UMass, Amherst, MA.  In order to process this payment, Client will send Artist W9 Form before October 28, 2016. Client will be required to complete W9 in full to receive due payment.

 

  • Upon completion of the Work, Artist will receive one FLASH2 flash drive to be sent via FedEx mail to Artist’s desired address, or otherwise collected by Artist.

  • ©2016 P.A.C.T., LLC. All Rights Reserved.

 

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  • By downloading these documents, you agree that PACT is not offering you legal advice.

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Section 5: Termination; Kill Fee; Fees

Client may terminate this Agreement at any time by sending written notice thereof to Artist at the address provided herein. Upon such termination, Client agrees to compensate Artist as follows:

 

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  • Partial Completion. If Artist has partially completed the Work by the end of the timeline set forth in Section 2, Client agrees to compensate Artist at fifty percent (50%) of the monetary compensation identified in Section 4. If this Agreement is terminated by Client after Partial Completion by Artist, Artist shall retain ownership of all rights of copyright and the original artwork, including but not limited to completed artwork, sketches, and comps.

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  • Full Completion. If Artist has fully completed the Work at the time of cancellation by the Client, Client agrees to compensate Artist in full as identified in Section 4.

 

  • Non-Payment and Remedies. Any delinquent payments due Artist from Client shall bear interest at two and one-half percent (2.5%) per month. Client agrees that it shall bear responsibility for any fees incurred by Artist in enforcing this Agreement, including but not limited to legal fees and court costs.


Unauthorized Use by Client, and Indemnity. Client agrees to indemnify Artist against any and all claims and expenses, including but not limited to legal fees and costs, incurred as a result of Client’s unauthorized use of the Work under this Agreement, including the enforcement of this Agreement by Artist.

 

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Section 6:  Severability; Integration                                

Client and Artist agree that this Agreement shall not be amended except by a writing executed by both parties, and expressly state that this writing shall constitute a complete expression of the entire agreement between the parties, and that no additional terms exist that are not included herein. To the extent any provision contained in this Agreement shall be found to be void, invalid, or otherwise unenforceable in any way, such invalidity shall not affect the remainder of this Agreement, which shall remain in full force and effect.

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Section 7: Warranty of Originality. Represents and warrants to Client that, to the best of Artist’s knowledge and belief, the Work assigned by this Agreement is original and has not been previously published or licensed to any third party.

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  • ©2016 P.A.C.T., LLC. All Rights Reserved.

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  • By downloading these documents, you agree that PACT is not offering you legal advice.

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  • Consented and Agreed to on August 11, 2016.

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