ccoa
6th November, 2007, 06:45 PM
No idea where this thread should go...
This is the template I use to make a contract between myself and an artist to commission work. It could easily be modified for scripting and music. If you have design documents or other descriptive documents, you should reference them in the Description of Work section.
If you do paid work for someone, always get a contract! You're protected, they're protected, everyone's happy. :) And if not, you have a basis to take legal action. ;)
If anyone more knowledgeable about this would like to add anything, feel free.
Contract
The following shall constitute a contract of service made on June 7th, 2007
between
Name, Address.
Herein referred to as Client.
and
_________, ____________________________________.
Herein referred to as Artist
DESCRIPTION OF WORK.
The artist shall create the following:
Description of the Artwork:
Scope of the Artist's Work:
It is hereby understood and agreed that it may not be possible to create the Work exactly as described herein or as depicted in preliminary designs, and the Artist shall only be bound to use his/her best aesthetic judgment to create the Work according to the style and intent of the design. The Artist is hereby free to make design modifications as the Work progresses.
PAYMENT SCHEDULE:
The Artist shall sell the Work to the Client, subject to the conditions herein, for a price of ___ dollars (___USD), payable as follows:
ONE HALF upon the execution of this agreement;
THE BALANCE upon Artist's giving written notification that Work is completed.
The Client agrees to pay all amounts due within two (2) weeks of receipt of notice.
If the Client fails to make any payment when due Artist reserves the right to charge interest of the then prevailing interest rate for banks on the amounts past due. It is understood that delay of payment may proportionately extend the time required to complete the Work.
REPRODUCTION OF WORK:
The Client assumes full reproduction rights upon payment for completed project.
DATE OF DELIVERY:
The Artist agrees to complete the Work within 120 days of the signing of this agreement.
The completion date shall be extended for such period of time as the Artist may be disabled by illness preventing progress of the Work.
The completion date shall also be extended in the event of delays caused by events beyond the control of the Artist, including but not limited to fire, thefts, strikes, shortage of materials, and Acts of God. Time shall not be considered of the essence with respect to the completion of the Work.
The Artist will immediately notify the Client of any delays occurring or anticipated.
TERMINATION:
This Agreement may be terminated on the following conditions:
The Client shall have the right to terminate this Agreement if the Artist fails without cause to complete the Work within ninety (90) days of the completion date in Paragraph 3. In the event of termination pursuant to this subparagraph. the Artist shall return to the Client all payments made pursuant to Paragraph 2, but shall not be liable for any additional expenses, damages, or claims of any kind based on the failure to complete the Work.
The Client shall have the right to terminate this Agreement if, Pursuant to Paragraph 3. the illness of the Artist causes a delay of more than six (6) months in the completion date, or if events beyond the Artist's control cause a delay of more than one (1) year in the completion date, provided, however, that the Artist shall return all payments made pursuant to Paragraph 2, and shall not be liable for any additional expenses, damages, or claims of any kind based on the failure to complete the Work.
If Client does not find the Work as it progresses fulfilling his expectations or needs and therefore wishes to terminate the Agreement, Client shall immediately notify the Artist of the termination. The Artist shall thereupon be entitled to retain all payments which Artist has received or was entitled to receive pursuant to his agreement prior to such notification.
The Artist shall have the right to terminate this Agreement in the event the Client is more than sixty (60) days late in making any payment due pursuant to Paragraph 2, provided, however, that nothing herein shall prevent the Artist bringing suit based on the Client's breach of contract.
The exercise of the right of termination under this Paragraph shall be written and set forth the grounds for termination.
NO ASSIGNMENT OR TRANSFER:
Neither party hereto shall have the right to assign or transfer this agreement without the prior written consent of the other party. The Artist shall, however, retain the right to assign any payments provided for by this agreement.
SEVERABILITY:
If any part of this Agreement is held to be illegal, void, or unenforceable for any reason, such holding shall not affect the validity and enforceability of any other part.
ENTIRE AGREEMENT:
This agreement contains all of the covenants, promises, agreements, and conditions, either oral or written, between the parties, and may not be changed or modified except in writing signed by authorized representatives of the parties hereto.
ACCEPTANCE OF AGREEMENT:
The above prices, specifications and conditions are hereby accepted. The artist is authorized to execute the project as outlined in this agreement. Payment will be made as proposed above.
Client's signature ___________________________________________
Artist’s signature ____________________________________________
Date _________________________
This is a license I give to use existing scripts of mine. Could be modified for music or art fairly easily. Again, if anyone with more knowledge would like to add to this, feel free. This one has a lot of legaleese. That's so I'm not liable if someone's game using my script fries some poor bastard's PC.
Standard License Agreement
This License Agreement (this "Agreement") is made effective as of 7/08/2007 (the "Effective Date") between name, address ("Licensor") and _____________, __________________________________________ ("Licensee").
In consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
I.Content of Licensed Materials; Grant of License
The materials that are the subject of this Agreement shall consist of the Ruby programs known as ____. (hereinafter referred to as the "Licensed Materials").
Licensee and its Authorized Users acknowledge that the copyright and title to the Licensed Materials and any trademarks or service marks relating thereto remain with Licensor and/or its suppliers. Neither Licensee nor its Authorized Users shall have right, title or interest in the Licensed Materials except as expressly set forth in this Agreement.
Licensor hereby grants to Licensee non-exclusive use of the Licensed Materials and the right to provide the Licensed Materials to Authorized Users in accordance with this Agreement.
II. Delivery/Access of Licensed Materials to Licensee
Copies of the Licensed Materials will be provided to the Licensee through electronic transfer (by means of File Transfer Protocol or otherwise).
III. Fees
Licensee shall make payment to Licensor in the amount of __USD for use of the Licensed Materials.
IV. Authorized Use of Licensed Materials
Licensee and Authorized Users may make all use of the Licensed Materials as is consistent with the Fair Use Provisions of United States and international law. Nothing in this Agreement is intended to limit in any way whatsoever Licensee's or any Authorized User's rights under the Fair Use provisions of United States or international law to use the Licensed Materials.
The Licensed Materials may be used for one (1) game and associated promotional materials and demos.
V. Licensor Performance Obligations
Support. Licensor will offer activation or installation support. Licensor will offer reasonable levels of continuing support to assist Licensee and Authorized Users in use of the Licensed Materials.
VIII. Early Termination
In the event that either party believes that the other materially has breached any obligations under this Agreement, or if Licensor believes that Licensee has exceeded the scope of the License, such party shall so notify the breaching party in writing. The breaching party shall have 1 month from the receipt of notice to cure the alleged breach and to notify the non-breaching party in writing that cure has been effected. If the breach is not cured within the 1 month, the non-breaching party shall have the right to terminate the Agreement without further notice.
Upon Termination of this Agreement for cause online access to the Licensed Materials by Licensee and Authorized Users shall be terminated. Authorized copies of Licensed Materials may be retained by Licensee or Authorized Users and used subject to the terms of this Agreement.
In the event of early termination permitted by this Agreement, Licensee shall be entitled to a refund of any fees or pro-rata portion thereof paid by Licensee for any remaining period of the Agreement from the date of termination.
IX. Warranties
Subject to the Limitations set forth elsewhere in this Agreement:
Licensor warrants that it has the right to license the rights granted under this Agreement to use Licensed Materials, that it has obtained any and all necessary permissions from third parties to license the Licensed Materials, and that use of the Licensed Materials by Authorized Users in accordance with the terms of this Agreement shall not infringe the copyright of any third party. The Licensor shall indemnify and hold Licensee and Authorized Users harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney's fees, which arise from any claim by any third party of an alleged infringement of copyright or any other property right arising out of the use of the Licensed Materials by the Licensee or any Authorized User in accordance with the terms of this Agreement. This indemnity shall survive the termination of this agreement. NO LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT IS APPLICABLE TO THIS INDEMNIFICATION.
X. Limitations on Warranties
Notwithstanding anything else in this Agreement:
Neither party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use the Licensed Materials.
Licensor makes no representation or warranty, and expressly disclaims any liability with respect to the content of any Licensed Materials, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity, privacy, trademark rights, moral rights, or the disclosure of confidential information.
Except for the express warranties stated herein, the Licensed Materials are provided on an "as is" basis, and Licensor disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to the Licensed Materials or any part thereof, including, without limitation, any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. Licensor further expressly disclaims any warranty or representation to Authorized Users, or to any third party.
XI. Indemnities
Each party shall indemnify and hold the other harmless for any losses, claims, damages, awards, penalties, or injuries incurred by any third party, including reasonable attorney's fees, which arise from any alleged breach of such indemnifying party's representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims. The indemnifying party shall have the sole right to defend such claims at its own expense. The other party shall provide, at the indemnifying party's expense, such assistance in investigating and defending such claims as the indemnifying party may reasonably request. This indemnity shall survive the termination of this Agreement.
XII. Assignment and Transfer
Neither party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed.
XIII. Force Majeure
Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
XIV. Entire Agreement
This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.
XV. Amendment
No modification or claimed waiver of any provision of this Agreement shall be valid except by written amendment signed by authorized representatives of Licensor and Licensee.
XVI. Severability
If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
LICENSOR:
BY: ______________________________________ DATE: __________________
Print Name:
Title:
Address:
Telephone No.:
E-mail:
LICENSEE:
BY: ______________________________________ DATE: ___________________
Signature of Authorized Signatory of Licensee
Print Name:
Title:
Address:
Telephone No.:
E-mail:
This is the template I use to make a contract between myself and an artist to commission work. It could easily be modified for scripting and music. If you have design documents or other descriptive documents, you should reference them in the Description of Work section.
If you do paid work for someone, always get a contract! You're protected, they're protected, everyone's happy. :) And if not, you have a basis to take legal action. ;)
If anyone more knowledgeable about this would like to add anything, feel free.
Contract
The following shall constitute a contract of service made on June 7th, 2007
between
Name, Address.
Herein referred to as Client.
and
_________, ____________________________________.
Herein referred to as Artist
DESCRIPTION OF WORK.
The artist shall create the following:
Description of the Artwork:
Scope of the Artist's Work:
It is hereby understood and agreed that it may not be possible to create the Work exactly as described herein or as depicted in preliminary designs, and the Artist shall only be bound to use his/her best aesthetic judgment to create the Work according to the style and intent of the design. The Artist is hereby free to make design modifications as the Work progresses.
PAYMENT SCHEDULE:
The Artist shall sell the Work to the Client, subject to the conditions herein, for a price of ___ dollars (___USD), payable as follows:
ONE HALF upon the execution of this agreement;
THE BALANCE upon Artist's giving written notification that Work is completed.
The Client agrees to pay all amounts due within two (2) weeks of receipt of notice.
If the Client fails to make any payment when due Artist reserves the right to charge interest of the then prevailing interest rate for banks on the amounts past due. It is understood that delay of payment may proportionately extend the time required to complete the Work.
REPRODUCTION OF WORK:
The Client assumes full reproduction rights upon payment for completed project.
DATE OF DELIVERY:
The Artist agrees to complete the Work within 120 days of the signing of this agreement.
The completion date shall be extended for such period of time as the Artist may be disabled by illness preventing progress of the Work.
The completion date shall also be extended in the event of delays caused by events beyond the control of the Artist, including but not limited to fire, thefts, strikes, shortage of materials, and Acts of God. Time shall not be considered of the essence with respect to the completion of the Work.
The Artist will immediately notify the Client of any delays occurring or anticipated.
TERMINATION:
This Agreement may be terminated on the following conditions:
The Client shall have the right to terminate this Agreement if the Artist fails without cause to complete the Work within ninety (90) days of the completion date in Paragraph 3. In the event of termination pursuant to this subparagraph. the Artist shall return to the Client all payments made pursuant to Paragraph 2, but shall not be liable for any additional expenses, damages, or claims of any kind based on the failure to complete the Work.
The Client shall have the right to terminate this Agreement if, Pursuant to Paragraph 3. the illness of the Artist causes a delay of more than six (6) months in the completion date, or if events beyond the Artist's control cause a delay of more than one (1) year in the completion date, provided, however, that the Artist shall return all payments made pursuant to Paragraph 2, and shall not be liable for any additional expenses, damages, or claims of any kind based on the failure to complete the Work.
If Client does not find the Work as it progresses fulfilling his expectations or needs and therefore wishes to terminate the Agreement, Client shall immediately notify the Artist of the termination. The Artist shall thereupon be entitled to retain all payments which Artist has received or was entitled to receive pursuant to his agreement prior to such notification.
The Artist shall have the right to terminate this Agreement in the event the Client is more than sixty (60) days late in making any payment due pursuant to Paragraph 2, provided, however, that nothing herein shall prevent the Artist bringing suit based on the Client's breach of contract.
The exercise of the right of termination under this Paragraph shall be written and set forth the grounds for termination.
NO ASSIGNMENT OR TRANSFER:
Neither party hereto shall have the right to assign or transfer this agreement without the prior written consent of the other party. The Artist shall, however, retain the right to assign any payments provided for by this agreement.
SEVERABILITY:
If any part of this Agreement is held to be illegal, void, or unenforceable for any reason, such holding shall not affect the validity and enforceability of any other part.
ENTIRE AGREEMENT:
This agreement contains all of the covenants, promises, agreements, and conditions, either oral or written, between the parties, and may not be changed or modified except in writing signed by authorized representatives of the parties hereto.
ACCEPTANCE OF AGREEMENT:
The above prices, specifications and conditions are hereby accepted. The artist is authorized to execute the project as outlined in this agreement. Payment will be made as proposed above.
Client's signature ___________________________________________
Artist’s signature ____________________________________________
Date _________________________
This is a license I give to use existing scripts of mine. Could be modified for music or art fairly easily. Again, if anyone with more knowledge would like to add to this, feel free. This one has a lot of legaleese. That's so I'm not liable if someone's game using my script fries some poor bastard's PC.
Standard License Agreement
This License Agreement (this "Agreement") is made effective as of 7/08/2007 (the "Effective Date") between name, address ("Licensor") and _____________, __________________________________________ ("Licensee").
In consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
I.Content of Licensed Materials; Grant of License
The materials that are the subject of this Agreement shall consist of the Ruby programs known as ____. (hereinafter referred to as the "Licensed Materials").
Licensee and its Authorized Users acknowledge that the copyright and title to the Licensed Materials and any trademarks or service marks relating thereto remain with Licensor and/or its suppliers. Neither Licensee nor its Authorized Users shall have right, title or interest in the Licensed Materials except as expressly set forth in this Agreement.
Licensor hereby grants to Licensee non-exclusive use of the Licensed Materials and the right to provide the Licensed Materials to Authorized Users in accordance with this Agreement.
II. Delivery/Access of Licensed Materials to Licensee
Copies of the Licensed Materials will be provided to the Licensee through electronic transfer (by means of File Transfer Protocol or otherwise).
III. Fees
Licensee shall make payment to Licensor in the amount of __USD for use of the Licensed Materials.
IV. Authorized Use of Licensed Materials
Licensee and Authorized Users may make all use of the Licensed Materials as is consistent with the Fair Use Provisions of United States and international law. Nothing in this Agreement is intended to limit in any way whatsoever Licensee's or any Authorized User's rights under the Fair Use provisions of United States or international law to use the Licensed Materials.
The Licensed Materials may be used for one (1) game and associated promotional materials and demos.
V. Licensor Performance Obligations
Support. Licensor will offer activation or installation support. Licensor will offer reasonable levels of continuing support to assist Licensee and Authorized Users in use of the Licensed Materials.
VIII. Early Termination
In the event that either party believes that the other materially has breached any obligations under this Agreement, or if Licensor believes that Licensee has exceeded the scope of the License, such party shall so notify the breaching party in writing. The breaching party shall have 1 month from the receipt of notice to cure the alleged breach and to notify the non-breaching party in writing that cure has been effected. If the breach is not cured within the 1 month, the non-breaching party shall have the right to terminate the Agreement without further notice.
Upon Termination of this Agreement for cause online access to the Licensed Materials by Licensee and Authorized Users shall be terminated. Authorized copies of Licensed Materials may be retained by Licensee or Authorized Users and used subject to the terms of this Agreement.
In the event of early termination permitted by this Agreement, Licensee shall be entitled to a refund of any fees or pro-rata portion thereof paid by Licensee for any remaining period of the Agreement from the date of termination.
IX. Warranties
Subject to the Limitations set forth elsewhere in this Agreement:
Licensor warrants that it has the right to license the rights granted under this Agreement to use Licensed Materials, that it has obtained any and all necessary permissions from third parties to license the Licensed Materials, and that use of the Licensed Materials by Authorized Users in accordance with the terms of this Agreement shall not infringe the copyright of any third party. The Licensor shall indemnify and hold Licensee and Authorized Users harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including reasonable attorney's fees, which arise from any claim by any third party of an alleged infringement of copyright or any other property right arising out of the use of the Licensed Materials by the Licensee or any Authorized User in accordance with the terms of this Agreement. This indemnity shall survive the termination of this agreement. NO LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT IS APPLICABLE TO THIS INDEMNIFICATION.
X. Limitations on Warranties
Notwithstanding anything else in this Agreement:
Neither party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use the Licensed Materials.
Licensor makes no representation or warranty, and expressly disclaims any liability with respect to the content of any Licensed Materials, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity, privacy, trademark rights, moral rights, or the disclosure of confidential information.
Except for the express warranties stated herein, the Licensed Materials are provided on an "as is" basis, and Licensor disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to the Licensed Materials or any part thereof, including, without limitation, any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. Licensor further expressly disclaims any warranty or representation to Authorized Users, or to any third party.
XI. Indemnities
Each party shall indemnify and hold the other harmless for any losses, claims, damages, awards, penalties, or injuries incurred by any third party, including reasonable attorney's fees, which arise from any alleged breach of such indemnifying party's representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims. The indemnifying party shall have the sole right to defend such claims at its own expense. The other party shall provide, at the indemnifying party's expense, such assistance in investigating and defending such claims as the indemnifying party may reasonably request. This indemnity shall survive the termination of this Agreement.
XII. Assignment and Transfer
Neither party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed.
XIII. Force Majeure
Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
XIV. Entire Agreement
This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.
XV. Amendment
No modification or claimed waiver of any provision of this Agreement shall be valid except by written amendment signed by authorized representatives of Licensor and Licensee.
XVI. Severability
If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
LICENSOR:
BY: ______________________________________ DATE: __________________
Print Name:
Title:
Address:
Telephone No.:
E-mail:
LICENSEE:
BY: ______________________________________ DATE: ___________________
Signature of Authorized Signatory of Licensee
Print Name:
Title:
Address:
Telephone No.:
E-mail: