NON-COMMISIONED FATES WORSE THAN DEATH ART CONTRACT

 

This agreement, made as of this ________ day of ______, in the year ______ is between Brian King, owner of Vajra Enterprises with its principle office at 2312 P St. #5 Sacramento CA 95816 (hereinafter called "Vajra Enterprises" or “party”) and ___________________, an independent Artist residing at ___________________ (hereinafter called "Artist" or “party”).

 

Since Vajra Enterprises currently desires a piece of art currently owned by the Artist, that Vajra Enterprises has reviewed and believes fits Vajra Enterprises’ need, and that is described as follows: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ (hereinafter known as "the artwork requirements") at a price of ____________ (hereinafter called "the agreed-upon price of the artwork");

 

NOW THEREFORE IT IS AGREED AS FOLLOWS

 

Payment and Sending Of Art

 

Vajra Enterprises will send the agreed-upon price to the artwork.  Concurrently, the artists will send either the original media of the art or a digital file containing a high-quality professional scan of the artwork.

 

Rights Transferred

 

[The purpose of this section is to describe which rights will be transferred to Vajra Enterprises.]

 

Upon the completion of the above terms, Vajra Enterprises gains the following rights:

      -The non-saleable right to use the final and accepted draft of the artwork on or in the book Fates Worse Than Death and any reprinting and future editions of the book.

      -The right to use the final and accepted draft of the artwork (or any earlier drafts or preliminary sketches or any derivative works based on these) on web pages owned or authorized by Vajra Enterprises.

      -Exclusive, non-saleable rights to use the final and accepted draft (or any earlier drafts or preliminary sketches or any derivative works based on these) on or in any Fates Worse Than Death or Role Playing Game merchandise (with the condition that royalties are paid by the artist as detailed in the section “Royalties on Non-Game Products” below).

      -The right to change the artwork in the following ways: cropping, stretching, changing brightness and contrast and inserting text so long as the changes made do not obscure the Artist’s signature or mark.

 

The Artist gives up the following rights:

      -The right to use or transfer to others the right to use the art (or any earlier drafts or preliminary sketches or any derivative works based on these) in any Role Playing Game or any web page or publication about Role Playing Games or about the Fates Worse Than Death universe.

      - The right to use or transfer to others the right to use the art (or any earlier drafts or preliminary sketches or any derivative works based on these) on or in any Role Playing Game or Fates Worse Than Death related merchandise.

 

The Artist retains all other rights, including but not limited to:

      -The right to use or sell the right to use the art (or any earlier drafts or preliminary sketches or any derivative works based on these) on the interior of books or magazines, so long as those books or magazines are not Role Playing Games or publications about Role Playing Games or about the Fates Worse Than Death universe.

      -The right to display the art (or any earlier drafts or preliminary sketches or any derivative works based on these) in a gallery.

      -The right to sell the original media art or prints of the art or any earlier drafts or preliminary sketches or any derivative works based on these.

      -The right to display the art (or any earlier drafts or preliminary sketches or any derivative works based on these) on web pages so long as those web pages are not about Role Playing Games or about the Fates Worse Than Death universe.

 

Royalties on Non-Game Products

 

[The purpose of this section is to establish that the artist will receive royalties on profits made from non-game products containing their art.]

 

If Vajra Enterprises or any agent of Vajra Enterprises sells a product that meets all of the three following qualifications, Vajra Enterprises will send the artist 10% of all net profits (income from sales minus all costs specific to that product) from the product no later than 4 months after the profits are received by Vajra Enterprises.

 

      Qualification 1: The product contains, in whole or in part, the art (or any earlier drafts or preliminary sketches or any derivative works based on these).

      Qualification 2: The product is not an electronic or paper role playing game or negotiation game book.

      Qualification 3: The product makes any amount of net profit.

 

 

Sending

 

[The purpose of this section is to describe how art will be sent.]

 

      Whenever the sole copy of a piece of artwork is being sent, by either party, the party sending it will insure it for no less than the agreed upon price of the artwork.

      A “high-quality professional scan” as defined in the section “payment and sending of art” above is defined as any digital scan that meets industry standards for scans of production artwork.

 

No Other Payment

 

[The purpose of this section is to establish that the Artist will receive no other payment or compensation]

 

      The Artist will not receive any payment or compensation, even for materials used in the production of art, the scanning of media, or the sending of image media, other than the payment specifically listed in the terms of this contract.

 

Credit

 

[The purpose of this section is to establish that Vajra Enterprises will credit the Artist.]

 

Vajra Enterprises agrees to credit, in writing, in Fates Worse Than Death, and in any future revisions or republishing of Fates Worse Than Death in which the artwork appears, the Artist by any name indicated to Vajra Enterprises by the Artist (unless that name is more than 50 characters in length).

 

Vajra Enterprises agrees to include, in writing, in Fates Worse Than Death, and in any future revisions or republishing of Fates Worse Than Death in which the artwork appears, up to 50 characters of contact information provided by the Artist to Vajra Enterprises.

 

            IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written by their duly authorized representative.

 

Brian King

 

 

BY:_____________________________

 

NAME:___________________________

 

DATE:___________________________

_______________________________

 

 

BY:_____________________________

 

NAME:___________________________

 

DATE:___________________________