This is an example of the agreement between Artist and YOOF.life - if you have any questions as an artist and would like to join our community then please contact: [email protected]
ART & PROMOTIONAL AGREEMENT
This agreement is entered into, by and between Yoof Ltd, referred to herein as “Gallery” and the individual when signing up as a member of the Yoof.Life community referred to herein as “Artist”.
1) AGENCY, PURPOSE:
- The Artist appoints Gallery (Yoof.Life) as agent for the purpose of on-line display, sale, payment, printing and distributing of the Artists work(s) hereafter referred to as “Artwork(s)” on a non-exclusive basis, internationally. Gallery shall not permit the Artwork(s) to be used for any other purpose without the express consent of the Artist.
- The Artist appoints Gallery (Yoof.Life) as agent for the purpose of finding new commissions for the Artist on a non-exclusive basis, internationally. All new commissions to be agreed under separate agreement by Gallery and Artist detailing the proposed work, place, materials, travel, and costs.
2) DIGITAL DELIVERY:
The Artist hereby delivers to the Gallery, and the Gallery accepts upon approval of delivery, those items submitted for electronic format inclusion in the on-line gallery by the Artist. Digital files of the work are to be uploaded via WeTransfer or similar means.
3) WARRANTY:
The Artist hereby warrants that he/she created and possesses unencumbered title to the Artwork(s), and that the descriptions as provided to Gallery are true and accurate. In addition, each Artwork is attributed to the Artist.
4) DURATION OF AGREEMENT:
This agreement will remain in force until the Artist requests the removal of any or all of the items providing 3 month notice in writing or the Gallery determines that the items should, for any reason, be withdrawn.
5) TERMINATION OF AGREEMENT:
Upon termination of agreement, the Gallery shall comply promptly by removing any and all reference to the specified Artwork(s) from the on-line gallery, and the Artist shall remove any and all reference to the listing of the specified item with on-line gallery whether that reference is electronic or print. In the event of the Artists death, the estate of the Artist shall have the right to terminate the Agreement.
6) PRICING:
The Gallery shall sell the Artworks only at the Retail Price specified in the Artist’s “item inventory”. Any change in the retail price by the Gallery, must be agreed to in advance by the Artist and the Gallery.
7) COMMISSION:
The Gallery and the Artist agree the following commission split for all sales of digital art and new commissions agreed:
- Artist | 40% of the Retail Price of the Artwork.
- Gallery | 40% of the Retail Price of the Artwork.
- Charity | 20% of the Retail Price of the Artwork.
The Gallery supports mental health services for young people and 20% of the proceeds of the sale are directed to registered charities or providers of these services. Payments are made to charities at regular intervals and details will be made available via Yoof.Life.
Any change in the Gallery’s commission, must be agreed to and signed as an addendum to this agreement in advance by the Artist and the Gallery.
8) TERMS OF PAYMENT:
Payment to the Artist shall be made by the Gallery within 30 working days after the successful delivery of the Artwork(s), provided the artwork has been registered as delivered to the Buyer, and the Buyer has not lodged a claim against the Gallery within 7 days of receipt of the Artwork(s). The Gallery assumes full risk for the failure to pay on the part of any purchaser to whom it has sold an Artwork(s). The Artist to provide verifiable and internationally recognised payment details for payment to be made by the Gallery.
9) PROMOTION:
Gallery shall use its best efforts to promote the Artwork(s) of the Artist. The Gallery shall identify all Artwork(s) with the Artist’s name, title, media and related information. It is at the Gallery’s discretion how many pieces of the Artist’s Artwork(s) will be displayed and in what manner.
10) REPRODUCTION:
The Artist reserves all rights to the reproduction of the Artwork(s) except as noted in writing to the contrary. (The Artist will not withhold permission for the reproduction of such works for promotional and marketing purposes by Gallery.)
11) NOTICES AND CHANGES OF ADDRESS:
All notices shall be sent to the Artist at the address specified in this Agreement. Each party agrees to give written notification of any change of address prior to the date of said change.
12) INDEMNIFICATION:
Artist agrees to indemnify Gallery against all costs and expenses (including reasonable legal fees) incurred by Gallery in connections with any claims made against Gallery that the Artwork(s) is not an original creation of the Artist or infringes upon a third-party’s copyright.
13) GOVERNING LAW:
This agreement shall be governed by the laws of the United Kingdom.
14) MISCELLANY:
This Agreement represents the entire agreement between the Artist and the Gallery. If any part of this Agreement is held to be illegal, void, or unenforceable for any reason, such holding shall not affect the validity and enforceability of any other part. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same provision or other provisions hereof. This Agreement shall not be assigned, nor shall it ensure to the benefit of the successors of the Gallery, whether by operation of law or otherwise, without the prior written consent of the Artist.