THIS AGREEMENT dated ______________________, 2016 by and between GLENN TUNSTULL at TUNSTULL STUDIO, having a principal place of business at 627 Route 23, Craryville, New York 12521 (“TUNSTULL”), and __________________________________ having an address at ______________________________________________________________________ (“PURCHASER”).
WHEREAS, PURCHASER desires to commission TUNSTULL to create an original oil painting (the “WORK”),
WHEREAS, TUNSTULL and THE PURCHASER desire to set forth in writing the terms and conditions of their agreements and understandings,
NOW THEREFORE, in consideration of the foregoing, of the mutual promises herein contained, and of other good and valuable consideration, the receipt of which are acknowledged, TUNSTULL and PURCHASER agree as follows:
1. WORK DESCRIPTION AND SPECIFICATIONS
Tunstull shall provide the following Work to the Purchaser, subject to the initial consultation referenced herein between Tunstull and Purchaser:
Subject matter: ____________________________
Color Palette: ____________________________
2. INITIAL CONSULTATION
Prior to Tunstull commencing the Work, Tunstull and Purchaser shall have an initial consultation to discuss the Work to be produced by Tunstull and the estimated time frame for completion of the Work. At or prior to the consultation, Purchaser shall provide photographs for Tunstull to use as a basis for the Work. After review of the same, Tunstull reserves the right to decline to produce the Work, in his sole and absolute discretion. In the event that Tunstull declines to produce the Work, the Purchaser shall receive a refund of one-half of the consultation fee.
3. FEE AND PAYMENT SCHEDULE
Tunstull agrees to sell the Work to Purchaser for $________________. The parties further agree to a consultation fee in the amount of $500.00. Payment of said fees shall be made to Tunstull at the above referenced address as follows:
All costs of shipping and insurance of the Work during transit to the Purchaser shall be paid for by Purchaser. Purchaser shall provide cost of shipping and insurance to Tunstull with final payment sent upon completion of Work
4. RISK OF LOSS
Upon transfer of the work to the shipping agent designated by Purchaser, the Risk of Loss shall by borne by the Purchaser.
5. RETRANSFER OF THE WORK
In the event the Purchaser (or representative of his/her estate) in any way whatsoever sells, gives, or trades the Work, or if it is inherited from Purchaser, or if a third party pays compensation for its destruction, Purchaser (or representative of his/her estate) must notify Tunstull of all with information relating to the new owner.
6. TUNSTULL’S ACCESS TO WORK.
Tunstull may have access to the Work to review and photograph the Work at no expense to Purchaser and upon reasonable notice to Purchaser.
7. NON DESTRUCTION
Purchaser will not permit any intentional destruction, damage, or modification of the Work.
If the Work is damaged, Purchaser will consult Tunstull before any restoration and must give Tunstull the first opportunity to restore it, if practicable.
9. COPYRIGHT AND REPRODUCTION
TUNSTULL RESERVES ALL COPYRIGHT AND REPRODUCTION RIGHTS OF THE WORK.
A Notice must be permanently affixed to the Work that ownership is subject to this Contract.
11. TRANSFEREES BOUND
If a third party becomes the owner of the Work with notice of this contract, that person shall be bound to all its terms as if he/she had signed this Contract.
This Contract binds the parties, their heirs and all their successors in interest, and all obligations are attached to the Work and go with ownership of the Work, for the life of Tunstull.
13. ATTORNEY’S FEES
In the event of any proceeding to enforce any party of this Contract, the aggrieved party shall be entitled to reasonable attorney’s fees in addition to any available remedy.
14. ADDRESS NOTICE
All notices to Tunstull and Purchaser shall be delivered to tier respective addresses as provided at the beginning of this Contract. In the event either parties address shall change for any reason, the moving party shall immediately notify the other party of their new address.
15. GOVERNING LAW/JURISDICTION
The construction and interpretation of this Contract shall at all times and in all respects be governed by the laws of the State of New York. Furthermore, the parties agree that any litigation arising under this contract shall only be brought in the courts of Columbia County, New York.
The parties hereto waive to the fullest extent permitted by law, trial by jury in any action, proceeding or counterclaim brought by either of such parties against the other with respect to any matter whatsoever arising out of or in any way connected with this Contract.
If any term or provision of this Contract or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Contract, or the application of such term or provision to person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Contract shall be valid and be enforced to the fullest extent permitted by law.
IN WITNESS WHEREOF, the parties have duly executed this Contract on the date first above written.
By: Glenn Tunstull