Broken Promises Co., LLC - Open925 - Your Highness Clothing - and affiliates
In consideration of the engagement as an artist (or graphic designer, web designer, product designer or animator) and for other good and valuable consideration herein acknowledged as received, I hereby grant to BROKEN PROMISES CO., LLC, their affiliates, their legal representatives, heirs and/or assigns, and those acting with his/her authority and permission [Including Zumiez Inc, Open925, Your Highness Clothing], (collectively “Company”), the absolute right and permission to copyright and use, re-use, and publish, artwork that I created and submitted, without restriction as to changes or alterations from time to time, in conjunction with my own or a fictitious name, or reproductions thereof in color or otherwise, and in any and all media now or hereafter known, for art, advertising, trade or any other legal purpose. I also consent to the use of any printed matter in conjunction therewith.
The artwork may be used for (but not limited to) Products for resale, Instagram posts and advertisements, Facebook posts and advertisements, Google ads, Google retargeting, email newsletters, printed catalogs, printed media (such as postcards or flyers), press releases, blogs and newspapers, website banners, app content (on Apple Store and Google Play), website product photography, and other similar printed or online media outlets.
I hereby waive any right that I may have to inspect or approve the finished product or products or the advertising copy or printed matter that may be used in connection therewith or the use to which it may be applied.
I hereby release, discharge and agree to hold harmless the Company and its affiliates from any and all liability that has or may occur or be produced in the creation of said artwork or any subsequent process thereof, as well as any publication thereof.
THE PRODUCTS: The Company may use the artwork submitted in connection with any of the following categories or items: T-shirts, Long Sleeve T-shirts, Fleece Sweatshirt/Sweatpants, Undergarments, Jackets, Knitwear, Socks, Headwear, Accessories, Stickers, Posters, Air Fresheners, Swimwear, Face Masks, Bottoms, for men or women, with intention of wholesale or direct to consumer apparel sales.
For good and valuable consideration, I do hereby agree as follows:
1. USE OF ARTWORK. I hereby grant to COMPANY and its affiliates and assigns (“COMPANY”) the right and permission to use in perpetuity, the Work as submitted to the COMPANY, now known or later developed, throughout the world, at any time, for the purpose of advertising and publicizing the COMPANY’s products and services, without further review, permission or further compensation.
2. RIGHT TO CONTRACT. I am at least the age of majority in my state or country and have the right and the ability to enter into this agreement.
3. RELEASE OF LIABILITY. I shall not hold COMPANY responsible for any liability resulting from the lawful use of my artwork in accordance with the terms of this agreement.
4. NO OBLIGATION. I understand that COMPANY has the right, but not the obligation to use my artwork.
5. NO CONFLICTS. I confirm that I have the right to enter into this Agreement, that
I am not restricted by any commitments to third parties, and that COMPANY has no financial commitment or obligations to me as a result of this Agreement.
6. RELEASE OF INFRINGEMENT CLAIM. I hereby release the Company, its affiliates, licensees, assignees, and authorized agents from any claims that may arise regarding the use of artwork, including, without limitation, any claims of rights of publicity, invasion of privacy, defamation, infringement of moral rights, or copyright infringement.
7. ORIGINAL SOURCE. I hereby warrant that no other parties hold the rights, copyrights or trademarks of the Work as submitted and no other parties hold rights to the Work except for myself.
8. INDEMNIFICATION: I hereby swear that I created this artwork and in the case that there is a lawsuit, litigation, breach, default, or misconduct in regards to this work, or a question of the original source of this work I will take full responsibility for my actions. I acknowledge that I may be asked to testify in court in the event that there is a lawsuit specifically involving my artwork. The company may allocate to me the risk and expense in the event of a lawsuit or litigation.
This Release sets forth the entire agreement between the parties, and supersedes any prior agreements or understandings, oral or written. This Release is governed by the laws of the State of California, without regard to principles of conflict of laws.