cleared art policy for the artist + yellow house

ARTWORK AGREEMENT

 

This Artwork Agreement is dated tbd, 2014 (“Effective Date”), and is between Yellow House Collective, Inc., (“Yellow House”), and [tbd](“Artist”). 

 

Yellow House is in the business of providing props and cleared artwork for use in, among other things, television, film and commercial productions and events.  Artist is the copyright holder and owner of all proprietary interest in certain artwork, described in further detail on the attached Exhibit A (“Artwork”), and desires to make such Artwork available for rent to Yellow House clients pursuant to the terms of this agreement.

 

In consideration of the goodwill and publicity received, and other good and valuable consideration contained herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:

 

Artist grants to Yellow House an irrevocable, perpetual, worldwide, royalty-free license to use the Artwork for promotional and public relations purposes in connection with Yellow House and its business, in any and all media, whether now known or hereinafter created. Usage rights include, without limitation, the right to publish, distribute, transform, display, transmit, publicly perform, modify, edit and/or reproduce the Artwork on the Yellow House website and other promotional print materials.

   

Artist and its successors and assigns waive any right they may have (including, but not limited to moral rights) to inspect and approve the Artwork as used by Yellow House pursuant to this agreement. Artist understands that Yellow House has the right, but not the obligation, to use the Artwork.

 

Artist agrees to provide image(s) of the Artwork for inclusion on Yellow House’s website and other promotional materials in accordance with the instructions included on Exhibit A.  If a particular Artwork is sold, or is otherwise no longer available for rent by Yellow House clients, Artist shall notify Yellow House by email at the address listed below within 24 hours of such change in availability. 

 

Artist shall execute a release in substantially the same format as the attached Exhibit B each time a particular Artwork is selected for use by a Yellow House client, prior to delivery of such Artwork.  Artist understands and agrees that Yellow House relies on the above representation when making the Artwork available for rent to its clients, and that Artist’s failure to execute such agreement and to provide the grant of rights as stated in Exhibit B shall constitute a material breach of this agreement.

   

Artist hereby warrants and represents that Artist owns and controls all rights in the Artwork, including all trademark and copyright rights in the Artwork, and that no other person, firm, corporation, or entity has any right, title, or interest in or to the Artwork whatsoever. Artist warrants that the rights herein granted, including the rights granted in the release attached as Exhibit B, will not infringe on the rights of any third party.  By signing this agreement, Artist warrants that Artist has the authority to grant the permission contained herein and to execute this agreement, including all exhibits.

 

Artist understands and agrees that under no circumstances shall Artist, or Artist’s successors, agents, or assigns, have any right to maintain any cause of action against Yellow House, its clients, or anyone else by virtue of the terms of this agreement, or anything done pursuant to this agreement.  Without limiting the generality of the foregoing, Artist, on behalf of him or herself, and his or her successors, agents, and assigns agrees to release and discharge Yellow House from any and all liability for any loss, or damage to personal property, including the Artwork. 

   

Artist hereby indemnifies and agrees to hold Yellow House and its clients and their respective parent, affiliate and subsidiary companies, and their respective officers, directors, shareholders, employees, agents, contractors, licensees, successors, and assigns free and harmless from and against any and all loss, costs, liability, damages, or claims of any nature including, but not limited to reasonable attorney’s fees, arising from, growing out of, or concerning a breach or alleged breach of this agreement.

   

Artist agrees that the rights granted in this release may not be rescinded once granted without the prior written agreement of Yellow House.

 

Artist represents that he/she has read the release prior to signing it, and is fully familiar with and understand its contents.

 

 

Signature: _____________________________                  Address:                                             

 

Printed Name:                                                            Phone: ____________________________

 

Relationship to Artist if authorized representative: ______________________________________

 

Email :_______________________________                     Date: _____________________________

 

 

Agreed to and Accepted by Yellow House

 

 

Signature: _____________________________                  Address:                                             

 

Printed Name:                                                            Phone: ___________________________

 

Email : _________________________________                 Date: _____________________________

 

 

 

 

Exhibit A

 

ARTWORK SPECIFICATIONS

Description of Work:
Any original artwork that may be used as cleared art for set dressing in all forms of production - tv, film, commercial, photography as well as live events.  All contemporary forms of abstract art forms will be considered. 

No original artwork will be accepted.   

 

Please supply us with the following about you:

Name

Studio Address/location of artwork

Phone Number

Email Address

Short Biography as well as a list of any exhibitions, collections, publications, reviews, articles, website (s) and web listings.

 

Image delivery requirements:

At least 5-8 jpeg images or website links should be emailed to create@yellowhousecollective.com.  Once accepted, a higher resolution image will be required with a minimum of 5mb jpeg.  A separate low resolution image for screen with watermark for web display (72dpi.)  The high-res is stored for print purposes only.

For each image please supply us with the following:

Title

Date

Dimensions

Medium

Retail price

Framing (indicate if framed or unframed – if framed, please describe)

Brief one sentence statement about the piece

 

Rental rates and commission split/Agency fee:
TBD Per artist: noted below and may be re-evaluated at the beginning of each calendar year.

a. - 25% of retail value up to $1,000, 20% retail value of $1,001 to $2500,  15% retail value of $2501 to $4000 and 10% for anything over $4,000 per week / Yellow House Collective (“YHC”) agent fee: 20% of that value

 

b. Prints : hi rez delivered electronically – Est 2.5% for retail value over $2001- 5% under $2,000 of retail value / YHC agent fee: 20% of that value

 

c. - Flat rate TBD per agreement with artist  / YHC agent fee: 20%

8x10 - tbd

16x20 - tbd

20x20 - tbd

20x30 - tbd

30x40 - tbd

Additional sizing noted at end of document

 

d. Prints : artists supply per client requests and approved by client PRIOR to facilitating

i) Artists send images directly to print - and picks up/meets up with client

Rental rate per size above (flat) + direct costs with 5% markup 

/ YHC % agent fee of rental rate only

ii) Artist sends images directly to print and client picks up directly:         

Rental rate per size above  + direct costs with 2.5% markup 

/ YHC 17% agent fee of rental rate only

 

e. - If frames are provided additional compensation may be provided at $10-15 per print if available. If other framing is requested from client, the costs must be approved by the client, and are to include a 20% markup. YHC 20% fee for client/artist negotiations from markup.

f. - If additional modifications are asked from client a rate of $_tbd_/hour must be approved by client with breakdowns each quarter of an hour.  If a print is asked to be re-sized to a reasonable size within the artists piece the first resize should be complimentary and each after will be charged per the hourly rate listed above.  Rush rates (within 2-3 hours) are charged at a rate of $_tbd_/hour. 

g. -YHC may coordinate with printing facility for the prints and client must pick up piece directly.  Rate would be same as above  - YHC would deal with direct costs therefore YHC 20% fee of rental rate + 2.5% markup of printing costs billed to client.  

All payments will be directed to yellow house and then the artists profit percentage will be sent to the artist via check. Artist must provide a completed w-9, which will be the name used on the check for payment.

 

Additional comments

Artwork must be readily accessible/available within 24 hours and YHC would coordinate pickup between the client and artist.

Rentals are based on a 7 day rental week and are only cleared for one time use per project.  Any additional extensions will be charged additional fees per week that the item is un-returned and not allowed to be ‘piggy backed’ onto another project for any reason. 

If the project is a long term project such as television show or movie, Yellow House Collective will do its best efforts to negotiate with the production company and artist regarding rental rate.   

In some instances, and in order to create returning customers we may offer a small discount but will always keep our artists best interests in mind.  Please discuss if you are not willing to participate in discounted work.

 

 

Artist Initial: ________

 

YHC Initial: ________

 

please see www.yellowhousecollective.com/cleared-art-policy for a copy of the agreement the client will sign.

© 2015-2020  by yellow house collective.  all rights reserved.

 

Disclaimer:  The Property provided by Yellow House hereunder is provided “As-Is” with all faults and without warranty of any kind. Yellow House hereby expressly disclaims any and all warranties of any kind, express, or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. In the event of loss for which Yellow House is liable, our liability will be limited to the contract price, and Yellow House will, in no event, be liable for any special, incidental or consequential damages of any nature or for any reason.

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