Print this form on your printer, fill it out and send via fax or mail to Randy Tuten. If you wish to fill out this form and submit it, please also fill out the inquiry formdetailing the project and your requirements. I will contact you with a firm bid forservices. We will exchange signatures and arrange for payments. thank you.

This Work for Hire Agreement (this "Agreement")
is made effective as of ____________ / _____ / 20_____,

by and between
________________________________________________________________
of ______________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

and Randy Tuten, P.O. Box 355, El Granada, CA 94018, USA.  In this Agreement, the party who is contracting to receive services shall be referred to as "Client", and the party who will be providing the services shall be referred to as "Randy Tuten".

1.        DESCRIPTION OF SERVICES.  Beginning on _______________________, Randy Tuten will provide the following services, (collectively the "Services"):

_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ ________________________________________ with delivery of initial concepts or proofs by __________________ and final artwork within ______ business days after Client's written approval of inital concepts or proofs.

2.        RESTRICTIONS OF USE OF ANY IMAGE.  Artwork as noticed in Paragraph 1 may only be utilized for the following purpose(s) with reproduction limited to the following unit volume for each use:

_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _

        Any deviation or unapproved use of any image will be subject to a cease and desist order plus financial damages or claim.

3.     TERM OF USE.  Subject to the RESTRICTIONS OF USE noted above, any reproduction or use of artwork must be completed prior to the ______ day of _____________, 20___.

4.     PAYMENT FOR SERVICES.  Client will pay compensation to Randy Tuten for the Services in the amount of $___________.  This compensation shall be payable 50% deposit, 25% upon approval of initial concepts or proofs, and 25% balance upon completion and deliver of final artwork.  In addition to Randy Tuten's professional fees, Client will reimburse all project related expenses incurred on their behalf.  These may include but will not be limited to reproduction costs, postage, telecommunications, and related supplies.  Client will be billed for these expenses, which will be due and payable upon presentation of the final bill.

        In the event that after completing the inital artwork concepts or proofs for this assignement it becomes necessary to change the objective of the assignment or the amount of work required to complete it, Randy Tuten will be entitled to charge an additional fee based on a current hourly rate ($______) and the time required to incorporate the necessary changes.  In addition, the estimate of timing will be extended by an amount equal to the added work.  This estimate will be provided in writing by Randy Tuten and approved by Client before additional work is begun.

        Notwithstanding the fee payment schedule set forth above, if, at any time while performing this assignment, it becomes necessary to suspend work for a period of 30 days or more, then Randy Tuten will be entitled to bill for the portion of the assignment completed up to the suspension (less any retainer paid).

        If payment for professional fees and related out-of-pocket expenses is not received within thirty (30) days of the billing date, Randy Tuten reserves the right to suspend all work until payment is made and apply a service charge of 1.5 percent per month or fraction thereof to the total unpaid sum.  It is further agreed that in the event any type of action becomes necessary to enforce collection of bills rendered, Client will be responsible for all collection costs, including but not limited to court costs and reasonable legal fees.  It is understood that Randy Tuten may extend the time for payment on any part of billings rendered without affecting the understanding outlined above.

5.     WORK PRODUCT OWNERSHIP.  Any copyrightable design(s), image(s), artwork(s) in proof form or finished, ideas, or product information (collectively known as the "Work Product") developed in whole or in part by Randy Tuten in connection with the Services shall be the exclusive property of Randy Tuten with use authorized to Client subject to RESTRICTIONS OF USE and TERM OF USE.  Expanded usage or ownership of final artwork by Client would be subject to an additional negotiation and fee.

6.        CONFIDENTIALITY.  Randy Tuten will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Randy Tuten, or divulge, disclose, or communicate in any manner any information that is proprietary to Client.  Randy Tuten will protect such information and treat it as strictly confidential.  This provision shall continue to be effective after the termination of this Agreement.  Upon termination of this Agreement, Randy Tuten will return to Client all records, notes, documentation and other items that were used, created, or controlled by Randy Tuten during the term of this Agreement.

7.     ENTIRE AGREEMENT.  This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written.

8.        SEVERABILITY.  If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.  If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

9.     In consideration of our agreement to provide services, Client agrees to waive and forego any and all rights to claim against Randy Tuten for any damages, injuries, losses or expenses of any kind arising out of or in any way related to Randy Tuten's provision of professional services on Client's behalf, except caused by Randy Tuten's gross negligence or fraudulent activity.  Furthermore, client shall indemnify, defend and hold Randy Tuten and its partners, principals and employees harmless from and against any and all third party claims, liabilities, judgments and penalities arising from or in any way related to the above described professional services, except to the extent that Randy Tuten's conduct under this engagement was negligent, reckless, willfully wrongful, or fraudulent, and that such conduct was a proximate cause of any injury for which Randy Tutent is sought to be held liable.

Please confirm authorization of this assignment by signing and returning one copy of this proposal with a deposit check of  $________.

As agreed:                                                     As agreed:

_____________________________        ____________________________

Randy Tuten                                                 Client Representative

Date__________________________        Date_________________________



This Summary is not an official part of Client document.  It contains highlights of the important information that has been entered into the document.

SUMMARY
of the
WORK FOR HIRE AGREEMENT

DATE AGREEMENT WAS SIGNED:________________________________________

SERVICES CONTRACTED BY:____________________________________________

SERVICE PROVIDER:  Randy Tuten ________________________________________

DATE SERVICES BEGIN:_________________________________________________

SERVICES:________________________________________________________ _____________________________________________________________

PAYMENT:  $__________   total payment ________________________________________________________________

.

 
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PROFESSIONALLY DESIGNING FOR THE MUSIC & ENTERTAINMENT INDUSTRIES FOR MORE THAN 40 YEARS.

 

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