STEWART FEATHERSTONE WILDLIFE ART COMMISSION TERMS
1. DEFINITIONS
a. "Artist" or “We” means Stewart Featherstone of Stewart Featherstone Wildlife Art.
b. “Commissioner” or “You” means the person, firm, company or other organisation named on page one of this Agreement.
c. "Terms and Conditions" means the terms and conditions set out below a copy of which you acknowledge you have read.
d.
“Brief” means the brief and requirements as agreed with the Artist as described in the Agreement and in any attached job sheet.
e. "Works" means the artwork / design(s) / installation selected or commissioned as described in the Brief.
2. COMMISSION, ASSIGNMENT OF RIGHTS AND PAYMENT TERMS
a. In consideration of the Commissioner paying the Commission Fee to the Artist as agreed and in accordance with the payment terms the Artist shall design and produce the agreed Works, artwork or other agreed designs or items (“the Goods”) and once payment in full has been received to the Artists satisfaction title to the Goods shall pass to the Commissioner. For the avoidance of doubt copyright and design right in any original Works shall remain with the Artist unless otherwise agreed in writing by the parties and if the Artist has agreed to assign intellectual property rights to the Commissioner such assignment shall be conditional on the Commissioner making payment in full to the Artist in accordance with this Agreement.
b. The Commissioner agrees to make payment according to the price agreed, method and time of payment as agreed on page one and/or the Schedule to this Agreement. If no time for payment is specified payment shall be due in full on delivery of the Works.
c.
The Schedule and the terms of this agreement may only be changed by agreement in writing signed by both parties.
d.
The time of payment shall be the essence of the Contract.
e.
Deposits shall not be refundable unless agreed in writing with Stewart Featherstone.
f.
Without prejudice to any other rights, where applicable, the Artist shall be entitled to charge interest on all overdue payments of the price at the then current rate payable in accordance with the Late Payment of Commercial Debts (Interest) Regulations 1998 as amended in 2002 from the time payment is due both before and after any judgement to when it is received in full together with interest payable.
g.
Dishonoured cheques shall be charged at £40.00 per presentation.
h.
All payments shall be made in Pounds Sterling unless otherwise agreed in writing and signed by Stewart Featherstone.
3. DESIGN AND APPROVAL
a. The Artist shall submit to the Commissioner initial Works in accordance with the Commission as detailed in the Brief by the date agreed for delivery of initial sketches.
b.
The Artist shall permit the Commissioner (or its authorised agents) to view the Works during the course of production if required at reasonable times and on reasonable notice.
c.
The Commissioner shall advise the Artist within seven (7) days of delivery of the initial Works as agreed in the Brief whether or not these are approved and what if any alterations are required if the Artist has agreed that alterations are possible.
d.
In the event the Commissioner requests a change or that additional work or additional Works are required, the Artist shall use reasonable endeavours within a reasonable time to submit amended or additional Works as agreed with the Commissioner who shall pay additional fees for these as agreed with the Artist on the submission of additional amended or extra Works or if not so specified in the Brief the parties shall negotiate an increase in the Fees to cover such additional costs and work as necessary to comply with the Brief.
e.
The Commissioner shall approve or reject any additional or amended Works within seven (7) Days of submission and if applicable the Artist shall then proceed to complete the Works and the Goods in order to deliver them in accordance with the timescales set out in the Brief.
f.
The Artist shall notify the Commissioner once the Works have been completed and unless already agreed the Parties shall agree dates for collection or delivery of the Works.
g.
The Artist shall maintain relevant insurance and shall ensure that the Works are covered by his insurance at all times whilst the Works are in his custody or possession. The Commissioner shall arrange suitable insurance to cover the Works at all times when they are not in the possession or custody of the Artist.
h.
The Artist shall use his aesthetic judgement to determine when the Works are complete and the Commissioner shall be bound to accept the Works and any Goods made up from the Works unless they can show that the Works/Goods have not been produced in accordance with the requirements set out in the brief.
i.
The Artist shall not be liable for any problems or alleged problems due the Commissioner supplying any faulty or inaccurate, information, instructions or specifications to the Artist or due the any failure by the Commissioner making any particular request, instruction or specification or to supply relevant information.
j.
The costs of materials used in producing the Works shall be Included in the overall commission fee, unless otherwise agreed between the Artist and the Commissioner.
k. The costs of collection /delivery (including but not limited to packaging, transport and insurance) of the Works shall be Included in the overall commission fee, unless otherwise agreed between the Artist and the Commissioner.
4. MORAL RIGHTS AND CREDITS AND ARTISTS PORTFOLIO
a. The Artist shall be entitled to assert his moral rights under section 78 of the Copyright Works and Patents Act 1988 to be identified as the creator of the Works in the event they are exhibited, published, broadcast or issued to the public and it is agreed that he shall be entitled to show copies, pictures or photographs of the Works on his website and in his portfolio and for other promotional purposes unless otherwise agreed in writing.
b.
The Works shall not be duplicated by the Artist other than in accordance with the terms agreed in the Schedule and copies should only be retained (electronically or otherwise) for the Artist’s internal administration purposes and for use in the Artist’s own personal portfolio.
5. TERMINATION
a. The Artist may by written notice to the Commissioner terminate this agreement in the event the Commissioner fails to comply with any other provision of this agreement but in the case of any breach capable of remedy the Artist shall first send the Commissioner a notice specifying the breach and requiring it’s remedy to the Artists satisfaction within 7 days of the notice.
b.
The Artist may by written notice to the Commissioner terminate this agreement in the event the Commissioner becomes insolvent, bankrupt or has a bankruptcy petition issued against it, or if a Company, is wound up or has a winding up order issued against it, or has an administrator, receiver or administrative receiver appointed over the whole or any part of its assets or undertaking or a resolution to wind up the Commissioner is passed or if the Commissioner ceases to be able to pay its debts as they become due.
6. WARRANTIES AND INDEMNITIES
a. The Artist warrants and agrees that the Works are original and shall not knowingly infringe the intellectual property rights of any third party and shall not knowingly be defamatory, obscene or illegal.
b.
The Artist shall exercise reasonable skill and care in carrying out the work required to produce the Works.
c.
The Commissioner shall indemnify the Artist against all costs, claims, losses, expenses and damages incurred by the Artist or for which it may be liable due to or arising directly or indirectly out of any infringement or alleged infringement of any copyright, design right, trade mark or other intellectual property right supplied by the Commissioner and occasioned by the use of Goods which have been made to the specification, instruction or special requirement of the Customer.
d.
The Artist shall not be required or under any obligation to photograph, print or include in Works/artwork anything which he knows or has reason to believe is illegal, libellous or infringes the rights of any third party.
7. CHANGES TO THIS AGREEMENT
a. Any changes, amendments or modifications to this agreement may only be made by written agreement of both parties i.e. Stewart Featherstone and the Commissioner as named in the Agreement.
8 CONFIDENTIALITY
a. The Commissioner agrees to keep confidential any confidential information supplied by the Artist which is specified to be confidential and not in the public domain and shall not disclose such information unless legally required to do so.
9. JURISDICTION
a. This Contract shall be governed by and construed in accordance with the laws of England and Wales whose courts shall be the only courts of competent jurisdiction.
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