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This agreement is made the ____ day of ______________, 2006 by and between:
Santoren Inc.
representing Tomas Leszczynski (the “Artist”)
23 Chester Court
Cortlandt Manor, NY 10567
phone: 914.455.4079
fax: 914.736.6887
email: tomas@WallStreetArtist.com
and
Name: ________________________________________________ (“Collector”)
Address: ______________________________________________
______________________________________________
Phone: ________________ E-mail: _______________________
The parties agree as follows:
1. The Project
Collector is commissioning a ___________________ created by the Artist. The subject matter will be based on actual financial data of _____________ in the period of time of ________________.
2. Right of Refusal
It is the intent of this contract that the Artist create the artwork for the Collector that the Collector will purchase. However, if, after the work is completed, the Collector does not wish to purchase any or all of the work, the Collector may refuse within 14 days of delivery of artwork, on an individual basis, each created artwork. In that case, the Artist will retain the refused artwork and the nonrefundable deposit, free of any claims or interests of the Collector and the Collector will owe no additional fees to the Artist. A refusal will not affect the purchase price of other created artworks in this project.
3. Right to Cancel
Artist reserves the right to cancel the process at any time before the delivery of artwork for any reason by returning all fees payable by Collector to Artist, including the return of the initial nonrefundable deposit.
4. Copyright
Artist reserves the common-law copyright to all works commissioned by Collector that are created by the Artist, including all reproduction rights and the right to claim statutory copyright. No work may be reproduced by Collector without the prior written approval of Artist.
5. Payment Amount
The fee for the artwork was agreed by both parties to be $__________. All payments will be made to Abacus Graphics Ltd. Collector will pay for all shipping costs.
6. Payment Terms
Payment installments will be made as follows:
one-third nonrefundable deposit is required before any work commences.
one-third payment is required upon approval of original sketches and before the artwork is made.
one-third payment is required upon completion and before the delivery of artwork.
7. Attorney’s Fees
In any proceeding to enforce any part of this contract, the aggrieved party shall be entitled to reasonable attorneys’ fees in addition to any available remedy.
8. Schedule
The Artist and the Collector agree to the following schedule:
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Length
of time
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Description
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Penalty if time is exceeded
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The process begins when the nonrefundable deposit clears in Abacus Graphics Ltd. checking account.
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14 days
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Artist will supply first sketches of the artwork.
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Artist will return the initial deposit if sketches are not supplied in time.
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6 weeks/
2 weeks
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Fabrication of a sculpture (6 weeks) or printing of an artwork (2 weeks) from the date of approval of sketches by Collector.
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All fees will be returned to Collector, including the initial deposit if time is exceeded.
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The parties hereto have executed this Agreement:
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________________________________
Artist
Tomas Leszczynski
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_________________________________
Collector
Name
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________________________________
Date
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________________________________
Date
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