Agreement made this ____day of _______, 2006 by and between Eileen Webb, P.O. Box 2987,
Rolling Hills Estates, California 90274 (Tel. 310/548.4914; Facsimile 310/833.7399
email@example.com), hereinafter Artist, and
Buyer, is for the purpose of
manufacturing metal and/or fabricating metal and/or stone artwork that Buyer agrees
to use solely
at the following
2. For the price of ____________, and other good and valuable consideration
discussed below, Artist
agrees to furnish metal or stone artwork, as appropriate, in accordance with the
in Addendum B, which is attached hereto and a part hereof.
3. Sixty percent of said price is due immediately upon exection of this Agreement.
The balance is due
immediately upon delivery of said metal and/or stone artwork as described in
Addendum B. Time of
payment is an essential part of this Agreement.
4. The fabrication and/or manufacturing
of said metal and/or stone artwork, as specified in Addendum B
will be delivered by ____________________________________ subject to the complete
cooperation of all
persons retained by the Buyer.
5. The design, patterns, computer files, notes, sketches, drawings, and all media
related to the design,
development and/or production of the artistic product - panels, pieces, and/or items
specified in Addendum
B are the sole and exclusive property of Artist. Consequently, Buyer
agrees not to sell, modify, or duplicate,
any of the said. Buyer agrees that he/she will not deface, alter or in any
other manner modify the product
without the prior written approval of the Artist. Buyer acknowledges that this
Agreement accords only a
license to use said metal and/or stone artwork solely at the said site(s). In
the event that Buyer desires to
use said fabricated product at other locations within the same site, Artist agrees
to grant the Buyer a
license to do so for the price of 25% above the actual manufacturing, material and
cost (133.33%) for each such product at this or any later time should the Buyer so chose.
Scope of Contract.
6. The parties agree that this is an artistic contract and that Artist is not
a contractor. It is further
understood and agreed that Artist may from time to time consult with, engage, or
otherwise retain various
specialties, including, without limitation thereto, licensed contractors, engineers,
welders, artists, specialty
manufacturers, and/or other persons in order to complete her obligations under this
Agreement. In such
case, Artist does not assume the role of a contractor. The buyer assumes sole
liability for end uses of
artwork after completion of contract including necessary and ongoing maintenance if
used in any
architectural or landscape setting.
By______________/______ Eileen Webb, Artist