Terms and Conditions for Artist Artwork Release and Use Agreement
This Agreement ("Agreement") is entered into by and between Marina Vista ("Organization") and the submitting artist ("Artist").
By submitting artwork, the Artist agrees to the following terms and conditions:
1. Grant of Rights
1.1 The Artist grants the Organization a non-exclusive, royalty-free, worldwide license to use, reproduce, display, distribute, and modify the submitted artwork ("Artwork") for the purposes of creating and selling merchandise, including but not limited to t-shirts, posters, and other promotional materials.
1.2 The Artist retains ownership of the Artwork and all associated intellectual property rights, subject to the rights granted to the Organization under this Agreement.
2. Compensation
2.1 Unless otherwise agreed upon in writing, the Artist agrees that submission of the Artwork is voluntary, and the Organization is not obligated to provide monetary compensation for the use of the Artwork.
2.2 Any alternative compensation arrangements must be documented in writing and signed by both the Artist and the Organization.
3. Attribution
3.1 The Organization will make reasonable efforts to credit the Artist in connection with the use of the Artwork where applicable and feasible.
3.2 The Artist acknowledges that some uses (e.g., t-shirts or certain promotional materials) may not include attribution due to space or design constraints.
4. Representation and Warranties
The Artist represents and warrants that:
4.1 The Artwork is original and does not infringe upon the intellectual property rights of any third party.
4.2 The Artist has full authority to grant the rights described in this Agreement.
5. Modifications
5.1 The Organization reserves the right to make minor modifications to the Artwork (e.g., resizing, cropping, or color adjustments) to fit merchandise or promotional needs.
5.2 Any significant modifications will only be made with the Artist's prior consent.
6. Termination of Use
6.1 The Artist may revoke the Organization’s right to use the Artwork by providing 30 days' written notice. Revocation will not apply to merchandise already produced or in production at the time notice is received.
7. Liability
7.1 The Organization is not liable for any unauthorized use of the Artwork by third parties (e.g., counterfeiting or unauthorized distribution).
8. Governing Law
8.1 This Agreement shall be governed by the laws of New Mexico.
9. Entire Agreement
9.1 This Agreement constitutes the entire understanding between the Organization and the Artist regarding the use of the Artwork and supersedes all prior agreements.
By submitting their Artwork, the Artist acknowledges that they have read, understood, and agree to the terms and conditions outlined above.