This agreement is made between Art Slam ("Company"), and the below-named individual Artist ("Artist"), on the following premises: (I) that Company wishes to display artwork ("Artwork") to the general public for viewing and/or selling purposes; and (II) that Artist wishes to display his/her own artwork to the general public on the internet for viewing and /or selling purposes. Therefore on and subject to the terms and conditions of this Agreement, and in and for consideration of the premises and promises contained herein, the parties agree as follows:
Agreement
1. Artist shall maintain a membership in good standing on Company Internet site ("Membership"). Artist will keep mailing address, phone number and e-mail address up-to-date on website, so Company can contact artist promptly upon sale of any artwork. Company and Artist shall perform according to said membership terms which shall be incorporated herein by reference.
2. The parties agree to perform as follows: (I) Artist shall supply image(s) of his/her artwork and designate each for viewing and/or selling purposes; (II) Company shall display such on the Internet; (III) Company shall owe no further duty to Artist for artwork designated for viewing purposes; and (IV) the parties shall comply with paragraphs 3 and 4 for artwork submitted for sale.
3. If the parties elect to sell their artwork on Company website (optional), they agree sales will be handled as follows: (I) all customer orders and payments shall be submitted to company; (II) Artists shall ship all orders directly to customers within 72 hours; (III) Company shall retain all customer payments for up to 30 days after the order date; (IV) Company shall pay Artist the selling price minus a 15% commission fee for all artwork purchased through Company website within 30 days and (V) Artist shall comply with all shipping and handling terms of paragraph 4.
4. Artist agrees that deliveries and returns shall be handled as follows: (I) Artist shall pay all shipping and handling costs; (II) all artwork shall be packaged and shipped in accordance with shipping industry standards for item shipped. Artist shall be responsible for damage to artwork caused from improperly packaging of item (framed work etc.). Shipping shall be done using certified mail or other approved shipping methods (FedEx, UPS, etc.) that provide for tracking and/or require a delivery signature, (III) all artwork shall be insured for its purchase price; (IV) Artist shall not deliver any artwork by COD.
5. Company makes the following representations and warranties as an inducement to, and to obtain the reliance of, Artist: (I) Company(s) internet site(s) do not violate the rights of any third parties in any jurisdiction, nor violate the laws or regulations of any jurisdiction; (II) this agreement does not conflict with any other agreement or obligation by which company is bound; and (III) Company disclaims all implied warranties not explicitly stated herein.
6. Artist makes the following representations and warranties that his/her artwork: (I) is Artist's unique work-product; (II) is solely owned by Artist, neither borrowed or stolen from, nor owned in part or in full by, any other party; (III) is free and clear of all security interests, liens and other claims; and (IV) Artist has full rights and powers of sale and transfer, there is no judgment outstanding against Artist.
7. Company reserves the right to change or modify this agreement at any time. If modifications are made, Artists will be notified via e-mail of the changes. If Artist does not agree with any of the new terms, Artist has the ability to remove artwork that is for sale on our site without any problems.
8. Company and Artist agree that this is their entire agreement.
I am over 18 years of age and I have read and understand the terms of agreement: