Guest Artist Agreement

Created: 7 July 2024, 13:17:22 PDT
Last updated: 7 July 2024, 14:03:26 PDT

GUEST ARTIST AGREEMENT

This Guest Artist Agreement ("Agreement") is entered into between Keepers of Eniv ("Company") and the Guest Artist ("Artist"), collectively referred to as the "Parties," to outline the terms and conditions under which the Artist may create and sell adoptable Enivi characters on the Keepers of Eniv website.

 

TERMS

  • "Company": Refers to Keepers of Eniv, Wandering Arbor Studios, and its subsidiaries.
  • "Artist": The individual creating and selling adoptable Enivi characters on the Keepers of Eniv website.
  • "Adoptable Enivi": Custom characters created by the Artist for sale on the Keepers of Eniv website.
  • "Revenue": The total amount of money received from the sale of adoptable Enivi.
  • "Down-Payment": Any advance payment made by the Company to the Artist.

 

Revenue and Payments

  • The Artist retains the revenue from the sale of adoptable Enivi up to a sale price of $200 USD. Beyond this amount, the Company will take a 25% fee from the revenue, up to a maximum fee of $500 USD.
  • Artists may avoid the 25% fee by promoting their adoptable(s) on their social media platforms, provided this is agreed upon before the adoptable sale goes live on the site.
  • Official staff members have the 25% fee waived regardless of the $200 threshold, and may make no more than 12 Enivi per calendar year for sale, unless otherwise stated in writing.
  • If a Down-Payment has been made by the Company to the Artist, this amount will be deducted from the revenue of the sold adoptable Enivi, and the remaining funds will be given to the Artist.
  • Any third-party transaction fees incurred during the payment of the Enivi may be deducted from the Artist's payout.

 

Sale Conditions

  • Once an adoptable Enivi is added to the site, the Artist cannot reclaim or rescind the offer of sale for 30 days. If the adoptable Enivi remains unsold after this period, the Artist may either claim the Enivi for their own use on the site or offer it at a discounted rate of no more than 50% of the original listed price.
  • The Artist may choose to sell the adoptable Enivi through an auction or flat-sale format.
  • The minimum price for adoptable Enivi is $100 USD, with auction price increases of no less than $5 USD.
  • Auction lengths must be no less than one week (7 days) and no more than 14 days. 
  • The Artist is responsible for providing the Company with a PayPal, Venmo, or Zelle account for payment.

 

Intellectual Property

  • The Company retains all copyrights and trademarks related to Enivi, Keepers of Eniv, and any associated assets as outlined in the Terms of Service.
  • Allowing a Guest Artist to create and sell Enivi does not imply employment or the promise of employment.
  • Once a design is submitted to Keepers of Eniv, the site retains the right to display the image and design indefinately. While the Artist does retain copyright of their own work, the Site is granted the irrevocable right to use and display the image.
  • Allowing a Guest Artist to create Enivi does not imply any transfer or shared ownership of the Company, game, or copyright.

 

Miscellaneous

  • This Agreement constitutes the entire agreement between the Parties and supersedes all prior understandings, agreements, or representations, whether written or oral, concerning the subject matter.
  • This Agreement may be amended or modified only in writing signed by both Parties.
  • The failure of either Party to enforce any right or provision of this Agreement shall not constitute a waiver of future enforcement of that right or provision.

 

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state in which the Company is headquartered, without regard to its conflict of law principles.

 

Dispute Resolution

Any disputes arising under or related to this Agreement shall be resolved through good faith negotiations between the Parties. If the Parties cannot resolve the dispute, they agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association.

 

AGREEMENT

By continuing with the Guest Artist process, you are agreeing to these terms.

Interested in becoming a guest artist? Fill out our form here!