Creative Souls Artist Agreement
TERMS AND CONDITIONS
Welcome to Creative Souls (“Creative Souls” or “Company”). Our mission is to empower people with disabilities to earn an income while gaining an amazing learning experience where they can feel valued and show their unique personalities through their work as an artist or as a member of the team. We are interested in artists with disabilities submitting artwork, sketches, designs, photographs and images (collectively, “Artwork”) so that we may consider using them for printing on shoes, apparel, accessories, and other items that are for sale.
By submitted any of your Artwork to Creative Souls, you acknowledge you have read, and agree to be bound by, the terms and conditions below and all linked pages (the “Terms and Conditions”).
If you do not agree with these Terms and Conditions, do not submit any of your Artwork to Creative Souls.
1. Eligibility. By submitting Artwork to Creative Souls you are acknowledging that you have a disability. For the purpose of identifying saleable artwork from individuals with one or more disabilities, Creative Souls considers someone disabled if they have a physical, intellectual or learning, sensory, or psychiatric disability. In order to submit Artwork you must also acknowledge that you are at least 18 years old. If you are not at least 18 years old, you must submit a work authorization from a parent or guardian. If you are not your own Guardian, a Guardian must complete the Artist Submission Form and agree to the Terms and Conditions in order for you to receive compensation with respect to a product that has incorporated your submitted Artwork. Creative Souls will accept your acknowledgement(s) on a good faith basis. If Creative Souls discovers that any acknowledgement(s) are untrue, it will constitute a breach of these Terms and Conditions by you.
2. Artwork Submissions.
a. Artwork must be submitted in an acceptable electronic format either via an upload link on the Artist Submission Form on the www.becreativesouls.com website or by sending an email to email@example.com and attaching the artwork file. Creative Souls reserves the right to modify submitted Artwork for printing, including but not limited to, adjusting colors, cropping, and incorporating the art onto any of our products. We may, without notice to you, refuse or edit submitted Artwork for any reason, including those designs that violate these Terms and Conditions, are inappropriate, or are, in any manner, not consistent with our brand and/or reputation, as determined by us in our sole discretion. We do not guarantee that the submitted Artwork will be selected for use and reserve the right to utilize the design(s) at time of our choosing and to start or stop offering products for sale with a design at our discretion.
b. In addition to the Artwork submission, Creative Souls requires that you provide additional information in the Artist Submission Form including: 1) your full name, 2) a photograph of yourself, and 3) a one- or two-paragraph biography, based on several suggested questions, for inclusion on your artist webpage on the Creative Souls website, www.becreativesouls.com (the “Biography Submission”).
3. Authorship. All submitted Artwork must be your own original design and must not include any intellectual property, copyrighted, trademarked, or otherwise protected material from a third-party, e.g., logos, designs, etc. By submitting Artwork to Creative Souls, you represent that (i) the Artwork is your own original work and does not contain any trademarks, logos, copyrighted material or other intellectual property belonging to any third party, or content subject to a third party’s right of publicity, privacy or the like; (2) the Artwork does not infringe, misappropriate or violate any intellectual property, proprietary or other rights (including but not limited to rights of privacy, publicity or the like) of any third party, and 3) you have the full right, power and authority to submit your Artwork and that your agreement to these Terms and Conditions do not violate any agreement you have with any third-party.
4. License and Use of Artwork.
a. Creative Souls empower artists to earn money from their Artwork without giving up control of their rights. Your retain all of your ownership rights, including all copyright and other intellectual property rights, in the Artwork.
b. By submitting Artwork to Creative Souls you grant Creative Souls a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable (through multiple tiers) right and license to (a) upload, adapt, publish, modify, reproduce, copy, exhibit, publicly display, create derivative works of, distribute, sell, advertise, use and otherwise fully exploit any or all of your Artwork (in whole or in part), and the right to (or license others to) incorporate all or any portion of your Artwork in other works, goods or products (“Products”) in any form, manner, medium or technology now known or hereafter devised, and (b) use (and license others to use) any or all of your Artwork (in whole or in part) to make, have made, use, sell, have sold, offer for sale, have offered for sale, import and market, advertise and promote any Products. You hereby waive any “moral rights” you now or may in the future have in the Artwork.
c. By submitting the Biography Submission to Creative Souls, you unconditionally grant Creative Souls a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable and transferable license to portray, display and publish your name, likeness, photographic image, and biographical information, in any marketing, advertising, and/or promotion in connection with Company business. You also authorize Creative Souls to portray, display and publish the information contained in the Biography Submission on Creative Souls’ website. Your expressly grant the Company permission to portray, display and publish the Biography Submission information and Artwork electronically via the Creative Souls website, or in written format in advertising or promotional material, in newspaper articles or other print media, photographs, or in audio or audio-visual format.
d. Creative Souls expressly disclaims any and all liability in connection with the submitted Artwork and Biography Submission.
a. Creative Souls will pay you only when a Product that has incorporated your Artwork is sold. The compensation rate is payable on a per Product basis at the rate in effect when you submit your Artwork as identified in the Terms and Conditions in effect at the time of your submission. The current compensation rate as applicable per these Terms and Conditions is $4.00 per t-shirt and $8.00 per low- or high-top pair of shoes. You agree that the Company has the right to adjust the compensation rate at any time.
b. Compensation shall be paid within 60 days after the end of each month that a Product(s) with your Artwork is sold, after full payment is received by Creative Souls from the customer and is not subject to a refund or return. You agree that you will not receive compensation if the profit on the sale is less than the applicable compensation rate for that Product.
c. Your agree that you and/or your Guardian are responsible for managing your personal financial benefits, e.g., Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), etc. and that Creative Souls has no responsibility whatsoever in the event the your income generated from the sale of Creative Souls products negatively impacts your benefits eligibility.
d. You are solely responsible for the payment of any tax that arises as a result of receiving any payment from Creative Souls, Inc., its subsidiaries, related companies, partners or licensors.
5. Indemnification. Your hereby release, and agree to defend, indemnify and hold harmless, Creative Souls and their respective officers, employees, directors, agents and sublicensees (each an “Indemnified Party”) from and against (a) any and all third-party claims, damages, liabilities, losses, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) arising out of or relating to an Indemnified Party’s use of any Artwork (including modifying, using, reproducing, advertising, marketing, promoting, distributing, and selling products that incorporate or use the submitted artwork design) and (b) any breach or alleged breach of these Terms and Conditions by you. If you are a California resident, you hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
6. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT CREATIVE SOULS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CREATIVE SOULS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISE FROM OR RELATE TO THESE TERMS AND CONDITIONS OR ANY SUBJECT MATTER RELATING HERETO. IN NO EVENT WILL CREATIVE SOULS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION RELATING TO OR ARISING FROM ANY SUBJECT MATTER RELEVANT TO THESE TERMS AND CONDITIONS EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) AND (B) THE AMOUNTS PAID OR PAYABLE BY CREATIVE SOULS TO YOU HEREUNDER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
7. Governing Law; Attorney’s Fees. These Terms and Conditions and any dispute arising hereunder are governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and Creative Souls agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Chicago, Illinois. In any action or proceeding to enforce rights under these Terms and Conditions, the prevailing party will be entitled to recover reasonable costs and attorneys’ fees.
8. Relationship of Parties. You are an independent contractor, and nothing in these Terms and Conditions will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Creative Souls. You will have no authority to make or accept any offers or representations on Creative Soul’s behalf.
9. Miscellaneous. We reserve the right, at our sole discretion, to change or modify portions of these Terms and Conditions at any time without prior notice and such revised terms and conditions will apply to any future Artwork submitted to us after such revision. Any submission of Artwork constitutes your acceptance of the revised Terms and Conditions. Your sole remedy if you cannot accept the revised Terms and Conditions is to not submit Artwork. These Terms and Conditions are personal to you, and you will not have the right or ability to assign, transfer or subcontract any rights or obligations hereunder without the written consent of Creative Souls. Any attempt to do so will be void. Creative Souls may fully assign and transfer these Terms and Conditions in whole or part. In the event that any provision of these Terms and Conditions will be determined to be illegal or unenforceable, that provision will be limited or eliminated so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. These Terms and Conditions, including this provision, supersede any prior oral or written agreement between you and Creative Souls with respect to the submitted Artwork and information provided in the Artist Submission Form.
Effective: January 28th, 2019