YOUR DIGITAL CONTRACT:
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This is a legally binding agreement between you, the Artist and 11:11 A Creative Collective, Inc., (dba 11:11 Projects) a California Non Profit Corporation (“11:11”). Completion and submission of this contract shall serve as your acknowledgment and acceptance of the following terms. The Parties agree as follows:
This is a project produced by 11:11 (www.1111projects.art) a The Artist agrees to mention/tag 11:11 in all promotion of artwork commissioned through this project. This includes but is not limited to all social media and personal websites.
11:11 and the artist shall agree upon the approved artwork and the respective location where the artwork will be applied prior to beginning any work. All services shall be performed in a professional manner and in strict compliance with the terms of this agreement and all other terms and conditions agreed upon during project preparation and performance. Artist shall attend meetings as required by 11:11 to communicate about the Artwork and to ensure appropriate integration and/or installation of the Artwork.
Lead artist shall provide or over see maintenance of the artwork with stipend provided. Maintenance shall include touch up of artwork in the event of damage to less than 50% of artwork be damaged by graffiti.
11:11 will pay a stipend of $350 for a rendering of the murals if the design is not chosen for installation.
In the event the rendering is not approved by the client, this agreement shall terminate.
In the event that the client approves the rendering and desires to move forward, the remainder of the agreement is as follows:
All payments provided for in the agreement shall be subject to receipt of fees from the client to 11:11. In the event there are delays in receipt of payment from the client, payment to artist may be delayed accordingly.
11:11 will pay the artist 50% of the total artist fee before installation begins, and the remainder 50% balance amount within 30 days of completion of the artwork project. The project shall be deemed completed when:
1) The mural has been completed; and
2) Final approval has been given by the client and 11:11
3) All filming by 11:11 has been completed.
11:11 will provide:
1) Project Insurance
2) Cost of materials + rentals up to agreed upon amount with provided receipts
3) Photo coverage and video coverage (if applicable)
The lead artist shall create a design rendering and submit it to 11:11 by deadline provided. All artists agree to professional development and community engagement aspects of project.
Kite Pharma is, and shall be, the sole and exclusive owner of all right, title, and interest in and to the Deliverables and all results, reports, data, information, materials, or any other concepts, inventions, innovations, improvements, derivatives that Company and/or any Personnel conceives, develops or reduces to practice, solely or jointly with Kite or any third party under this Agreement, or as a result of performing the Services, but excluding any third party proprietary information, including all intellectual property rights therein (collectively, “Data”). Company agrees, and will cause the Personnel to agree, that with respect to any Deliverables and Data that may qualify as "work made for hire" as defined in 17 U.S.C. §101, such Deliverables and Data are hereby deemed a "work made for hire" for Kite. To the extent that any of the Deliverables and/or Data do not constitute a "work made for hire", Company hereby agrees to irrevocably assign and hereby does irrevocably assign, and shall cause the Personnel to irrevocably assign to Kite, in each case without additional consideration, all right, title, and interest throughout the world in and to the Deliverables and Data, including all intellectual property rights therein. Company shall cause the Personnel to irrevocably waive, to the extent permitted by applicable law, any and all claims such Personnel may now or hereafter have in any jurisdiction to so-called "moral rights" or rights of droit moral with respect to the Deliverables and Data. Upon Kite’s request, Company shall, and shall cause the Personnel to, promptly take such further actions, including execution and delivery of all appropriate instruments of conveyance, as may be necessary to assist Kite to prosecute, register, perfect, or record its rights in or to any Deliverables and Data. Nothing in this Agreement shall effect a transfer of Kite’s intellectual property rights from Kite to Company, or otherwise be construed to confer any license to Company under such intellectual property rights.
Artist shall be deemed an independent contractor at all times and for all purposes under this Agreement. Nothing contained in this Agreement shall be construed to make Artist an employee of 11:11 or any other person or entity.
No changes to this agreement may be made nor be effective unless in writing and agreed upon by both parties. This is a legally binding agreement between you ("the artist") and 11:11 A Creative Collective, Inc., a California Non Profit Corporation (“11:11”).