Contract clause examples PDF

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Contract Clause Examples Good Faith Clause: All parties agree that they enter into this agreement in good faith and that they are authorized to represent the claims contained herein. Severability Clause: In the event that any part of this agreement should be found to be void, the rest of the agreement shall continue in full effect. OR If any provision of this Agreement is found to be invalid, such provision will be severed to the minimum extent necessary for the remaining provisions to be enforceable. Indemnity Clause: Each party in this agreement will indemnify and hold the other harmless from and against any and all claims, demands, actions, damages, or other expenses arising solely from the actions of the first party. Audit Provision: Designer shall have the right to inspect Licensee’s books and records concerning sales of the Licensed Products upon prior written notice. Force Majure Clause: No party shall be liable for any failure to perform its obligations in connection with any action described in this agreement, if such failure results from any act of God, riot, war, civil unrest, flood, earthquake, or other cause beyond such party’s reasonable control, including mechanical, electronic or communications failure, but excluding failure caused by a party’s financial condition or negligence. Arbitration /Dispute Resolution: In the event of any dispute under or relating to the terms of this agreement, or breach thereof, it is agreed that the same will be submitted to arbitration under the rules of the American Arbitration Association and judgment upon the reward rendered by the arbitrator will be entered in any court having jurisdiction thereof. Attorney’s fees: In the event of arbitration or other legal action, the prevailing party will be entitled to recover any and all reasonable attorney’s fees and other costs incurred in the enforcement of the terms of this agreement. Choice of Law: This contract will be interpreted by the laws of the State of Florida.

Entire Agreement Clause: This instrument constitutes the entire agreement between us, and no statements, promises or inducements made by any party hereto which is not contained herein shall be binding or valid, and this contract may not be enlarged, modified or altered except in writing by both parties hereto. Right of First Refusal/Options: (may vary depending on type of contract) The Designer shall be given the first opportunity to make any revisions requested by the Client. Assignment: Neither this agreement nor any rights or obligations hereunder shall be assigned by either of the parties. (denying assignment) OR We may, at our election, and upon written notice to you, sell, transfer or assign this contract or any part hereof to any person, firm or corporation. (granting assignment) Warranty: We represent and warrant that we are the sole owners of all rights in and to the Photos, that we have the right to enter into this agreement, that the consent of no other person, firm, corporation or labor organization is required in order to enable you to use the Photos in the manner described herein, and that your use thereof will not violate the rights of any third parties.

Kill Fee/Cancellation Fee: Cancellation fees are due based on the amount of work completed. Fifty percent (50%) of the final free is due within 30 days of notification that for any reason the job is cancelled or postponed before the final stage. One hundred percent (100%) of the total fee is due despite cancellation or postponement of the job if the art has been completed. Some contracts may also include a right of publicity waiver and a non-disclosure agreement, depending on the situation. You need to become familiar with the types of clauses you may see in your industry. Check out the Graphic Artists Guild contract page on their website for more examples. You can also read industry contracts to become familiar with the terminology....