[Jewelry making - Article 01198] - Re: [Orchid] Contract for commission

[Edith Schneider]

========[ Invite a Friend - http://www.ganoksin.com/invite.htm  ]========

Hi Jo,

    this contract should do, it is from Nolo Books. 

    Edith
    Edith Schneider Jewelry
    P.O.Box 52001
    Palo Alto, CA 94303
    es AT edithschneider.com
    www.edithschneider.com
    (650) 813 9755

 
..........................................................................
    Commission Agreement 
..........................................................................

    Number: _______________    Job Number: ________________ 

    To:    ______________________ ('Buyer') 

    From:    _________________________ ('Artist') 

    Delivery Date(s): _________________________  

    Fee: _________________________  

    Job Description ('Work'):
    ________________________________________________

    ________________________________________________

    .....................................................
    Payment 

    Buyer shall pay Artist as follows: 

    [   ] An initial nonrefundable payment of $_______ upon signing this
    agreement and the remainder upon receipt of the Work. 

    [   ] Payment in full within _____ ( ___ ) days of signing this
    agreement. 

    [   ] Additional Expenses 

    Artist shall be remunerated for the following expenses:
    ________________________________________. 

    Buyer shall also pay all applicable sales taxes due on this
    assignment. 

    [   ] Credit 

    All publications or displays of the Work by Buyer shall contain the
    following statement: _____________________________. 

    .....................................................
    [   ] Termination; Cancellation 

    In the event this agreement is canceled by Buyer for any reason
    other than Artist?s breach of this agreement or inability to
    complete the work as agreed upon, Buyer shall pay to Artist the
    cancellation fee of $_______ along with expenses incurred. In the
    event of termination by Buyer, Artist shall retain all works in
    progress and any payments already made.  
    .....................................................
    Liability 

    Neither party shall be liable for incidental or consequential
    damages, nor for any claims in tort (or for punitive damages) which
    may arise from any breach of this agreement or any obligation under
    this agreement.  
    .....................................................
    Reservation of Rights; Ownership of Original 

    Artist retains copyright and all other intellectual property rights
    in all artwork furnished under this agreement.  

    [   ] No Destruction or Alteration 

    Buyer agrees not to intentionally destroy or modify the Work.  
    .....................................................
    Entire Agreement 

    This is the entire agreement between the parties. It replaces and
    supersedes any and all oral agreements between the parties, as well
    as any prior writings. Modifications and amendments to this
    agreement, including any exhibit or appendix hereto, shall be
    enforceable only if they are in writing and are signed by authorized
    representatives of both parties. 
    .....................................................
    Successors and Assignees 

    This agreement binds and benefits the heirs, successors and
    assignees of the parties. 
    .....................................................
    Notices 

    Any notice or communication required or permitted to be given under
    this agreement shall be sufficiently given when received by
    certified mail, or sent by facsimile transmission or overnight
    courier 
    .....................................................
    Governing Law 

    This agreement will be governed by the laws of the State of
    ___________. 
    .....................................................
    Waiver 

    If one party waives any term or provision of this agreement at any
    time, that waiver will only be effective for the specific instance
    and specific purpose for which the waiver was given. If either party
    fails to exercise or delays exercising any of its rights or remedies
    under this agreement, that party retains the right to enforce that
    term or provision at a later time. 
    .....................................................
    Severability 

    If a court finds any provision of this agreement invalid or
    unenforceable, the remainder of this agreement will be interpreted
    so as best to carry out the parties? intent. 
    .....................................................
    Attachments and Exhibits 

    The parties agree and acknowledge that all attachments, exhibits and
    schedules referred to in this agreement are incorporated in this
    agreement by reference. 
    .....................................................
    No Agency 

    Nothing contained herein will be construed as creating any agency,
    partnership, joint venture or other form of joint enterprise between
    the parties. 

    [   ] Attorney Fees and Expenses 

    The prevailing party shall have the right to collect from the other
    party its reasonable costs and necessary disbursements and attorney
    fees incurred in enforcing this Agreement.  

    [   ] Jurisdiction 

    The parties consent to the exclusive jurisdiction and venue of the
    federal and state courts located in _______________ [county],
    _______________ [state], in any action arising out of or relating to
    this agreement. The parties waive any other venue to which either
    party might be entitled by domicile or otherwise. 

    [   ] Arbitration 

    Any controversy or claim arising out of or relating to this
    agreement shall be settled by arbitration in _______________
    [county], _______________ [state], in accordance with the rules of
    the American Arbitration Association, and judgment upon the award
    rendered by the arbitrator(s) may be entered in any court having
    jurisdiction. The prevailing party shall have the right to collect
    from the other party its reasonable costs and attorney?s fees
    incurred in enforcing this agreement.  
    .....................................................
    Signatures 

    Each party represents and warrants that on this date they are duly
    authorized to bind their respective principals by their signatures
    below. 

    Buyer: 
    ____________________________________________
    Signature	Date 

    ____________________________________________ 
    Typed or Printed Name 

    ____________________________________________ 
    Title 


    Artist: 

    ____________________________________________
    Signature	Date 

    ____________________________________________ 
    Typed or Printed Name 

    ____________________________________________ 
    Title 

..........................................................................
    End of Commission Agreement 
..........................................................................

 

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