Artistic Contract
This Artistic Work Sales Contract (“Contract”) is made and entered into as of Agreed upon date, by and between Hexwave Media(Seller) and the (Buyer). Hexwave Media (Seller) a company duly registered and existing under the laws of Alberta, Canada, with its principal place of business at 402-10121 Manning Avenue, Fort McMurray, Alberta, Canada.
WHEREAS, Seller is engaged in the production and sale of artistic works; and WHEREAS, Buyer desires to purchase certain artistic works from Seller.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows:
DEFINITIONS
(a) “Artistic Work” shall mean any original creative work, including but not limited to paintings, photographs, sculptures, digital art, and other forms of artistic expression, as listed in Exhibit A, attached hereto.
(b) “Purchase Price” shall mean the total amount to be paid by the Buyer to the Seller for the Artistic Work, a quote shall be provided by the seller based on the scope of work. Any changes to the scope must be agreed upon by both parties, an updated quote and timeline will be provided by the Seller. Amendments or changes to this Agreement must be agreed upon by both parties and shall not be valid unless confirmed by the Seller in writing.
ARTISTIC WORK DESCRIPTION
The Artistic Work subject to this Contract is described in Exhibit A, including the title, description, and any specific details necessary to identify the work accurately.
PURCHASE AND SALE
(a) Buyer agrees to purchase, and Seller agrees to sell, the Artistic Work in accordance with the terms and conditions of this Contract.
(b) Payments are due in accordance to the payment plan agreed upon, by the Buyer and Seller despite the project milestones.
(c) Ownership of the Artistic Work shall transfer to the Buyer upon receipt of full payment by the Seller.
(d) If the scope is large enough a deposit may be required before work on the project can begin, all deposits are non-refundable.
(e) If a full payment is not made within 15 days of the project completion, a fee will be added on every day until the project has been paid in full by the Buyer.
DELIVERY
(a) The Seller shall deliver the Artistic Work to the Buyer within 14 of days from the receipt of full payment, or as otherwise agreed upon in writing.
(b) Delivery shall be made to the address specified by the Buyer in writing or to an agreed upon location.
(c) The risk of loss or damage to the Artistic Work shall pass to the Buyer upon delivery.
(d) Buyer acknowledges and agrees that buyers timely response to seller’s requests for feedback will have significant impact on the schedule set forth in the Proposal and the quality of the Work. Therefore, buyer hereby agrees that if seller requests information, guidance, or feedback on any Work and Buyer does not respond within thirty (30) Business Days, Seller will issue a pause notice to Buyer advising the Buyer that all performance hereunder will temporarily cease if Seller does not provide the originally requested information, guidance, or feedback within twenty- four hours of receipt of the pause notice.
If Buyer does not provide the requested information, guidance, or feedback by the end of such twenty-four hour period, Seller’s performance hereunder will temporarily cease. Seller will have no liability associated with such pause.
WARRANTIES
(a) The Seller represents and warrants that they are the lawful owner of the Artistic Work and have the right to sell it.
(b) The Seller further represents and warrants that the Artistic Work is free from any encumbrances, liens, or claims.
(c) The Buyer acknowledges that the Artistic Work is sold “as-is,” and the Seller makes no other warranties, express or implied, except as expressly stated in this Contract.
MODIFICATIONS AND OWNERSHIP
(a) Any modifications to the Artistic Work made by the Buyer after the final revision and full payment shall not obligate the Seller to make additional changes or provide support unless separately agreed upon in writing.
(b) The Seller retains the right to use the Artistic Work for promotional purposes in their portfolio, marketing materials, or exhibitions unless the Buyer explicitly requests otherwise in writing.
(c) Until full payment is received, the Buyer is strictly prohibited from posting, distributing, or sharing the Artistic Work, including on social media or with unauthorized third parties. Any such unauthorized use will be considered a breach of this Contract, and the Seller reserves the right to take appropriate legal action.
(d) The Buyer agrees not to reproduce, modify, distribute, or otherwise use the Artistic Work using any artificial intelligence product, application or website without the prior written consent of the Seller.
(e) Upon receipt of full payment, the Buyer shall have full ownership rights to the Artistic Work. This ownership includes the right to modify, reproduce, distribute, or use the Artistic Work in any manner the Buyer deems appropriate unless previously mentioned, without further authorization from the Seller.
GOVERNING LAW AND DISPUTE RESOLUTION
(a) This Contract shall be governed by and construed in accordance with the laws of the province of Alberta, Canada.
(b) Any disputes arising out of or relating to this Contract shall be resolved through arbitration in accordance with the rules of the Alberta Arbitration Act.
ENTIRE AGREEMENT
This Contract constitutes the entire understanding and agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, whether oral or written.
IN WITNESS WHEREOF, the parties have executed this Artistic Work Sales Contract as of the Effective Date.