Artist Service Agreement

Please note, this is only for review. Do not fill this out. Do not return it. We will send you a fresh one with relevant dates based on our discussion with you. 

DO NOT SEND THIS TO US.

Artists Services Agreement

This Artists Service Agreement (“Agreement”) starts on [●], 2022, (“Effective Date”) and is between Dual Wield Studio LLC, located at 5305 River Road N, Ste B, Keizer, Oregon 973036 (“DWS”) and the Talent (“Talent”) shown below. DWS and Talent agree as follows:  


INFORMATION TABLE

[ARTIST NAME]
name:
e-mail:
phone:

EIN/TIN/SSN:

“Compensation” DWS will pay you $[X] upon the delivery of the final Project listed below.  

“Additional Consideration” [●]

“Term” The Term of this Agreement starts on the Effective Date and continues through the final Delivery Date as listed below or until terminated by either party in compliance with Section 2.

Services

Delivery Date

[DESCRIBE PROJECT HERE. INCLUDE ALL MATERIALS DWS EXPECTS TO OWN AS PART OF THIS TRANSACTION – SUCH AS UNDERLYING SKETCHES, DRAWING, ETC.] 

[INSERT DATE]

  

  1. PERFORMANCE. You will perform the Services in a professional and diligent manner. Unless otherwise agreed to in writing, You will provide all equipment and supplies needed to perform the Services. You will comply with all applicable laws in Your performance of the Services.
  1. TERMINATION. Either party may terminate this Agreement when the other party breaches this Agreement. For termination, the non-breaching party will give written notice of the breach to the other party. If the breaching party has not fixed the breach within [●] days, the Agreement will terminate automatically at the end of the 10-day fix period. If You breach the Agreement, You will receive Compensation prorated by the amount of the Services you have completed through the day the breach occurs. If DWS breaches the Agreement, You will receive the full Compensation defined above. All sections of this Agreement, except Section 1, will survive the termination of this Agreement for any reason.
  1. OWNERSHIP. DWS will be the sole and exclusive owner of all intellectual property currently existing and hereafter developed by You in the course of providing the Services (“Project IP”). You will take no action to challenge DWS’s ownership rights in and to the Project IP.  Any copyrightable works related to the Services will be deemed a “work make for hire.”  You irrevocably assign, transfer, and convey all right, title, and interest in and to the Project IP without further compensation from DWS and You waive any moral rights to the Project IP. You will not use any Project IP for Your personal benefit or for the benefit of any person or entity other than DWS without prior written consent of DWS. You will sign all documents required by DWS to ensure DWS’s ownership of the Project IP. If You fail to sign this documentation in a reasonable time, You hereby appoint DWS as Your attorney in fact to sign such documents.

4 INDEMNIFICATION. You will indemnify, defend, and hold harmless DWS, its directors, officers, contractors, and agents from and against all claims, damages, losses, and expenses (including attorneys' fees and costs) claimed by third parties arising out of or in connection with: (a) Your breach of this Agreement; or (b) injuries to person or property caused by You in the course of performing the Services, including such injuries caused by Your negligence or willful misconduct. 

  1. TAXES. Each party will pay all taxes or levies imposed on it under applicable laws, regulations, and tax treaties for any payments made according to this Agreement (including those required to be withheld or deducted from payments).
  1. EXPENSES; ATTORNEYS’ FEES.  Each party will pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery, and performance of this Agreement.  If any suit or action is instituted to enforce any provision of this Agreement, the prevailing party in such dispute will be entitled to recover from the losing party all fees, costs, and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which will include, without limitation, all fees, costs, and expenses of appeals.
  1. GENERAL. This Agreement is our final agreement on the Services and supersedes all prior and contemporaneous communications on such subject matter. You acknowledge that You have had the opportunity to review this Agreement with Your legal counsel before signing the Agreement. This Agreement may not be altered or amended, except in writing signed by both of us. If any part of this Agreement is held invalid by a court of competent jurisdiction, the remainder will stay in full force and effect. You may not transfer or assign this Agreement without written consent from DWS. DWS may transfer or assign this Agreement, in whole or in part, to third parties of its choosing. This Agreement will inure to the benefit of and be binding upon the parties’ respective successors and permitted assigns. This Agreement will be governed by the laws of the state of Washington without regard to conflicts of law provisions, and You consent to the exclusive jurisdiction and venue of the state and federal courts sitting in Seattle, Washington.

Acknowledged and Agreed:

 

DUAL WIELD STUDIO LLC

 

[●]

 

 

Signed By: ____________________________________

 

Signed By: _________________________________

 

Print Name: __________________________________

 

Print Name: _______________________________

 

Title: __________________________________________

 

Date Signed: _________________________________

 

 

Title: _______________________________________

 

Date Signed: _______________________________