Artist Agreement

Artist Agreement

Print Orders:

Artist will permit Escuela Creatives to undertake or facilitate the printing of “Artwork” on fabric or clothing or other printed surface (such as swimwear, tees, phone cases, tiles, bags, etc.). The execution and effectiveness of this Agreement is an express requirement and material inducement for Escuela Creatives to undertake any such print job and Escuela Creatives is relying on the accuracy and completeness of all of Customer / Artist warranties in performing all print jobs.


Artwork:

“Artwork” means any design, image drawing on fabric or clothing or other printed surface (such as swimwear, tees, phone cases, tiles, bags, etc.). This agreement applies to all print jobs for any such Artwork done by Escuela Creatives for or at the request of Customer either previously or at any time in the future using Escuela Creatives. The execution and effectiveness of this Agreement is an express requirement for Escuela Creatives to undertake any such print job.


Customer / Artist Warranty:

Customer / Artist represents and warrants to Escuela Creatives for Artwork supplied by Customer / Artist to Escuela Creatives for any print job, or for specifications provided to Escuela Creatives to create any Artwork for Customer, that: (i) Customer owns or controls all intellectual property rights in the Artwork sufficient to authorize Escuela Creatives to perform any print job without liability to any third party: (ii) no printing or any other action by Escuela Creatives for Customer will infringe any intellectual property right (e.g. copyright, trademark, patent, or trade secret) or personal right (e.g. defamation, moral right, false light of publicity) or any other right of any other person or party; and (iii) Customer has not removed any copy right, trademark or patent notice, or other identifying or rights management information of any third party from any Artwork.


Escuela Creatives Warranty:

Escuela Creatives represents and warrants to the Artist(s) that Escuela Creatives will not alter, use or print the whole or part of Artwork supplied by Customer without Customers permission.


Indemnity:

Customer will defend, indemnify and hold harmless Escuela Creatives from any claim, loss, liability, damage or judgment, including reasonable attorney and professional fees, and arising out of or related to any claim or actual failure or breach of any of Customers representations or warranties in this Agreement, including that of a result of any such breach or claimed breach Escuela Creatives committed or was induced to commit an act of infringement or misappropriation.


Effect:

This Agreement is incorporated by a reference and made a part of any invoice, purchase order or other agreement between Escuela Creatives and Customer / Artist for any print job for any Artwork and supersedes any inconsistent term or waiver of warranties in any such agreement.


Governing Law:

This Agreement will be governed by and interpreted under the laws of California.