Artist Contract Revision 1 10/2007
By entering into this contract you agree to become a Member in Silverdale Fine Arts Inc. In addition to the rights and responsibilities specified in the statutes of the Sate of Washington you agree to abide by the bylaws of Silverdale Fine Arts including addendums and terms set out in this contract. Terms of Contract 1. This contract is effective for one year from the date on signing. 2. Contracts are renewed annually. Members are responsible for all dues and assessments during the contract period. 3. You MUST give 60 days written notice if you are leaving Silverdale Fine Arts. During those 60 days, you are still responsible for your hours & fees. Silverdale Fine Arts Services to Artist Silverdale Fine Arts agrees to provide Services to the Artist in the form of the following: 1. showplace, specifically designed for artwork, to display, exhibit and sell artwork; 2. internet marketing of artwork through Silverdale Fine Arts’ website, which will be designed, maintained and marketed by the Silverdale Fine Arts; 3. credit card payments for artwork sales processed and associated fees paid for by the Silverdale Fine Arts; 4. collect and pay applicable sales tax, as determined by the State, on artwork sold by the Silverdale Fine Arts; 5. juried entrance for all artists; 6. marketing, advertising, public relations and special events to highlight and promote Silverdale Fine Arts’ artists and their artwork; 7. pay 80% of the sale price to the Artist for his/her artwork sold at or through Silverdale Fine Arts Artist Services to Silverdale Fine Art Artist agrees to provide Services to Silverdale Fine Arts according to the following. Artist Services to Silverdale Fine Arts are in addition to Artist's fees and dues described below. 1. Work on at least one (1) committee each year 2. Provide Silverdale Fine Arts with Member's client database for Silverdale Fine Arts marketing purposes only, or Silverdale Fine Arts will supply postcards to Member to mail only to their client list. 3. Attend quarterly Artists meetings to get to know other Artists and discuss the vision, goals and new ideas for Silverdale Fine Arts. Fees and Dues Artist shall pay to Silverdale Fine Arts: 1. Initial Fee. Artist shall pay Silverdale Fine Arts a non-refundable fee of $250.00 upon acceptance into Silverdale Fine Arts
2. Monthly Dues. Artist shall pay Silverdale Fine Arts $50.00 per month, due by the 1st of each month to be applied to that month. First month's dues are payable with the Initial Fee. If monthly dues are not received by the 10th of the month, a $10.00 late fee will be added to the next month's dues. The monthly dues amount is subject to modification as set by the Board of Directors, with at least sixty (60) calendar days notice to Artists of any changes. 3. Assessments. Expenses encored by Silverdale Fine Arts are joint responsibility of the members. Should monthly expenses not be covered by income, the balance will be assessed equally among members each month. Commission and Payments Silverdale Fine Arts shall receive twenty percent (20%) commission on all artwork sales initiated or completed through Silverdale Fine Arts including events, shows, exhibits and Web sites. This percentage is subject to modification by the Board of Directors, with notice to Artist of any change at least sixty (60) days prior. Artist shall set the retail price of all artwork and Silverdale Fine Arts will add the appropriate sales tax at the time of sale. Artist shall receive 80% of the retail price of all of his/her artwork sales initiated or completed through Silverdale Fine Arts including events, shows, exhibits and Web sites. Artist will receive such proceeds by the fifteenth (15th) of the month following the sale. All commissioned artwork by a buyer that came about through Silverdale Fine Arts, is subject to a twenty percent (20%) commission on the price of the commissioned piece. Termination An Artist's Agreement may be terminated prior to one year by Silverdale Fine Arts for noncompliance with any part of this Agreement or the Bylaws, such as non-payment of monthly dues, not performing services, unacceptable or no artwork, among others. Such termination will be determined on a case-by-case basis by the Board of Directors. Proprietary Rights 1. Ownership of Silverdale Fine Arts. Artist agrees, for purposes of copyright and other proprietary rights, that Artist will not be deemed to be the artist of the entire Silverdale Fine Arts nor its design, mark, or associated material, but is only the Artist who created his/her individual artwork, which is protected by VARA (Visual Artists Rights Act). Otherwise, neither Artist nor any third party hired by Artist has any proprietary rights in Silverdale Fine Arts, its ideas, themes, or derivative works of it. Artist is responsible for the custody, control, risk of loss and maintenance of the artwork given to Silverdale Fine Arts for display, exhibit and sale. 2. Artwork ownership is Artists'. Artist maintains the copyright for his/her artwork, and Silverdale Fine Arts staff shall take all reasonable measures to ensure that exhibited artwork is not reproduced by photograph or otherwise. Artist, however, does authorize Silverdale Fine Arts to use photographs of Artist's work for marketing and advertising purposes for Silverdale Fine Arts only, whether in print or on Silverdale Fine Arts’ website or other such format. Protection of Confidentiality Artist agrees information not generally known to the public to which Artist has been or will be exposed as a result of performing services under this Agreement is confidential information which is the property of Silverdale Fine Arts and shall not be disclosed or used except as
authorized by Silverdale Fine Arts, including but not limited to Silverdale Fine Arts’ client database. Similarly, Silverdale Fine Arts agrees information not generally known to the public about Artist to which Silverdale Fine Arts has been or will be exposed as a result of performing Services under this Agreement is confidential information which is the property of Artist and shall not be disclosed or used except as authorized by Artist. Such information described above also includes methods used for creating artwork. Artist's client database supplied to Silverdale Fine Arts for marketing purposes only, shall be held by Silverdale Fine Arts as confidential and not released to outside parties. Independent Artist and Conflict of Interest Artist is engaged as an independent contractor and sub lessee of Silverdale Fine Arts, not an employee of Silverdale Fine Arts. Artist shall not hold himself/herself out to the public as an employee of Silverdale Fine Arts. Dispute Resolution Any dispute between the parties shall be submitted to mediation before either party may file a legal action in any court. If mediation is unsuccessful, parties shall submit the dispute to arbitration in Kitsap County under the rules of the American Arbitration Association, and such decision shall be binding upon the parties. Indemnification Artist agrees to release, defend, indemnify, and hold Silverdale Fine Arts and its employees and agents harmless from all losses, liabilities, claims, costs (including attorneys' fees), actions or damages of any sort whatsoever arising out of Silverdale Fine Arts’ performance of the Services contemplated by this Agreement to the extent attributable to the negligent acts or omissions, willful misconduct or breach of this Agreement by Silverdale Fine Arts, its servants, agents, and employees. Assignment No part of this Agreement is assignable. Severability I f any provision of this Agreement is held to be unenforceable, the validity and force of the remainder of this Agreement shall not be affected. Entire Agreement This Agreement expresses the complete agreement of the parties with respect to the subject matter and supersedes all prior oral and written agreements or understandings between the parties. Attorneys' Fees The prevailing party in any action to enforce this Agreement, including arbitration, shall be reimbursed or paid by the other party for its reasonable attorneys' fees and all costs incurred in connection with such enforcement. Notification By signing below Artist consents to email notifications for all Quarterly and special meetings called by the Board of Directors of Silverdale Fine Arts. Artist agrees to notify Silverdale Fine Arts in a timely manner of any email address changes for such notifications. All official notices under this Agreement shall be delivered in writing to the below listed addresses (or such other address (es) as either Party may designate in writing) or to the email address listed below (or any email address Artist files with Silverdale Fine Arts for such purpose):
EXPULSION OF A MEMBER 1. It may become necessary for the continued successful operation of Silverdale Fine Arts to expel a member for cause. Such cause might be theft from Silverdale Fine Arts, refusal to adhere to approved Silverdale Fine Arts policies or procedures, significant decline in quality of work, etc. This section does not attempt to define all possible causes for expulsion but instead describes procedures to be followed if such action should become necessary. 2. Any adverse action regarding a member can only be initiated by the Board of Directors. Before any action is taken, the board must inform the member involved in writing of the circumstances that are not acceptable. The member must be given a reasonable opportunity respond to any charges or complaints and to initiate or complete corrective action as appropriate. The board will consider the members response and corrective actions, and will inform the member whether such response and/or corrective action are satisfactory. IF THE BOARD considers the response and/or corrective action to be not satisfactory; the board will propose a motion for expulsion at the next regular membership meeting. At least 2/3rds of the members present at that general membership meeting must vote in favor of the motion for expulsion in order for the motion to pass. Such a vote for expulsion is considered the final authority and the member involved has no further right of appeal. However, an expelled member may again apply for membership. Should a member be expelled from Silverdale Fine Arts, any outstanding payments for monthly dues, insurance, fines, etc become due and payable. Such amounts may be withheld by the Finance Director from any payments due to the former member. If deemed necessary, Silverdale Fine Arts may also pursue legal action to recover additional amounts due from the expelled member.
Mailing address for official Notification: Name: _________________________________________________ Street: _________________________________________________ ______________________________________________________ City/State/Zip: __________________________________________ Email Address: __________________________________________ Phone No: _____________________________________________ Cell No: _______________________________________________
Member Signature: ______________________________________ Date: ______________________