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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 33555
Experience:  Retired (mostly)
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Hi SocraTeaser! I have entered into an agreement with a woman

Resolved Question:

Hi SocraTeaser! I have entered into an agreement with a woman who can help me help a friend who is an artist in Switzerland. I am terrible on the computer. She wants to throw a one year anniversary party for ten people at a property I represent and she has no budget! Since I can related to that, I asked her what we could barter for and thought of this solution. I need to protect myself and ask that you look at the verbiage to make sure I am covered in the event that she does not keep her end of the bargain. "Rental Rate and Payment: The all-inclusive total for the above-described accommodation is $600 cash. In addition to cash payment and in lieu of additional $1,097.60 due, Guest shall design the layout for an art brochure for Remy R ich aka Remy Lue chinger, a swiss artist and sculpture. Homeowner shall provide photographs from various sources to Guest who will then endeavor to develop a brochure with the intended use of marketing artist in the art world. Guest shall utilize her contacts in the art world and introduce Homeowner to her mother (who is a famous watercolor artist who has paintings in the Smithsonian) in an effort to learn the in’s and out’s of the art world. Cash payment in full is due at time of booking. The brochure completion will be due within thirty days of final delivery of all items necessary such as photographs of artwork and written material for the completion of the art brochure. In the event Guest does not complete the brochure within the specified time period, original amount due of $1,097.60 will be charged to credit card provided at check in or in the event credit card does not work, will be due immediately to Homeowner. "

Will this fly?
Submitted: 10 months ago.
Category: Family Law
Expert:  socrateaser replied 10 months ago.

Well, if I were writing this sort of deal, then I would include something like:

  • As further consideration for this agreement, the parties agree that the brochure, and any artwork, text, or other creative efforts contained therein is a "work made for hire" under the U.S. Copyright Act -- and that the author and copyright of the aforementioned work(s) shall be vested exclusively in [yourname]. Guest further warrants that any artwork or text used in the creation of the brochure is either already part of the public domain, and no longer subject to any copyright protection under U.S. Law, or alternatively, that Guest is the sole creator or exclusive licensee of such works, that Guest has full authority to use, license and/or sublicense each and every component of the brochure to [yourname] for further use and/or distribution. To the extent that Guest is not the creator of any non-public domain work contained in the brochure, Guest irrevocably grants an exclusive and perpetual license in such work(s) to [yourname].

 

And:

 

  • Guest hereby agrees to jurisdiction for any dispute concerning this agreement to the state and federal courts sitting in the State of California, and to the exclusive use of California and U.S. law in the resolution of any such dispute. In addition, the prevailing party in any dispute shall be entitled to all costs and attorney's fees reasonably related to the resolution of a dispute or the enforcement of this agreement. This agreement is the only agreement between the parties, and no modification shall be permitted except with the express written consent of both parties. No prior or contemporaneous written or oral evidence shall be admissible to contradict the terms of this agreement.

 

Other than that, it seems okay to me. Obviously, I could find a thousand errors in anything. But, we're not talking about a huge financial risk here. The big risk is that you apparently want the brochure no matter what else happens -- so that's what I'm trying ensure you get from the deal.

 

Hope this helps.

socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 33555
Experience: Retired (mostly)
socrateaser and 8 other Family Law Specialists are ready to help you
Customer: replied 10 months ago.

Has anyone told you today that you are awesome and amazing?? THANK YOU!! :D Innocent

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