This "Contract" is entered into as of the date specified below by and between the "Client" (named below) and the "Artist" (The Web Warrior's Workshop.)
Artist and Client (each a "Party" and collectively, the "Parties") agree as follows:
- Purpose of this Contract: Client wishes to commission Artist to create the artwork for Client's specific uses and Artist wishes to create the artwork for Client in return for the payment specified below. This agreement records the creation of the artwork and the obligations owed by Artist and Client to each other.
- Commission:
a. Client Commissions Artist to create the following original artwork ("Artwork") for the Client in retorn for the payment specified below.
(i) Medium: Digital image
(ii) Dimensions: Subject to Artist Discretion
(iii) Subject Matter of the Artwork: Previously discussed by the Client and Artist, and subject to the discretion of the Artist
(iv) Number of Artwork(s) 1
(v) Intended use of the artwork: for personal use as a dye sublimation, or screen printing pattern dependent upon the format of the delivered Artwork
b. Following the execution of this Agreement, Artist will consult with Client to understand the commission, Client's needs, and the intended use of the Artwork. While the Artist will strive to match the Client's vision, the final form of the delivered Artwork is left to the discretion of the Artist
3. Ownership and Exclusivity:
a. While the Client is licensed to use the Artwork for personal use, ownership of the original Artwork rests solely with the Artist. All rights to the storage, alteration, and resale of the Artwork and derivatives of the Artwork rest solely with the Artist. While the Artist may agree to exclusivity of the Artwork as a courtesy, this courtesy is not legally binding. If for any reason the Client uses the Artwork for uses other than personal purposes, the Artist may revoke their license to the Artwork at any time.
b. All preview images of the Artwork provided to the Client belong to the artist and can be used as the Artist sees fit, be that for personal use or for furthering the purpose of the Artist's business. Example: Preview and progress pictures may be used in the Artist's marketing efforts and social media.
4. Payment and Liability: The Client Agrees to pay the amount below in exchange for access and the right to use the Artwork for personal use. As this is a bespoke piece, the Client acknowledges that no refunds or exchanges will be accepted and this sale is final. All concerns regarding the final form and conditions of the delivery of the Artwork must be negotiated with the Artist. Once the Client has received the Artwork, the Artist claims no liability for how the Artwork is used including in any derivative works, such as a mis-printed or mis-assembled bodysuit. All liability for how the Artwork is used by the Client rests solely with the client.
5. Final Disclosure: The Client acknowledges that if they are ordering the Artwork as a custom bodysuit pattern that they understand that the Artwork is just that- art. It is not a completed bodysuit. A bodysuit pattern must still be printed and sewn, and The Client is responsible for all printing and sewing costs.
By initialing below I, the Client, Agree to the terms and conditions of this Contract.