ARTIST – COLLECTOR AGREEMENT
This Agreement is entered into as of the date indicated below between THRoberts (hereinafter referred to as “Thomas H. Roberts” or “THRoberts” or “Artist”) and the undersigned (hereinafter referred to as “Purchaser-Collector”) related to the artist work and painting (hereinafter referred to as “Painting”)
1. The Purchaser-Collector may return the Painting at his/her/it’s expense within 30 days of purchase for a full refund provided the Painting is in the same condition as of date of purchase.
2. Unless stated otherwise, the work or painting will be unframed.
3. Copyright and other Creative Rights: THRoberts reserves the worldwide common-law copyright to each Painting that is created by THRoberts, including without limitation, all reproduction and usage rights and the right to claim worldwide statutory copyright. THRoberts retains: (i) all right, title and interest in the Painting including all copyrights, but expressly excluding any rights in the Painting under the Visual Artists Rights Act of 1990 (“VARA”), 17 U.S.C. §101 et. seq., as amended, including but not limited to §106A(a) and §113, or otherwise in the nature of “Droit Moral” under which artists claim a continuing interest in their products and in the maintenance or modification of their products; and (ii) all rights expressly granted in this Agreement. THRoberts reserves the right to publish or authorize the publication of any book or prints of the Painting. All rights not expressly granted above are retained by the Artist, including any electronic rights or usage, and including, but not limited to, all rights in sketches, comps or other preliminary materials.
4. No Painting may be reproduced by the Purchaser-Collector without the prior written approval of THRoberts. Any use by Purchaser-Collector additional to that expressly granted above requires arrangement for payment of a separate fee.
5. THRoberts reserves the right to borrow the Painting for use in exhibitions or shows for a reasonable time periods upon reasonable notice and terms.
6. Environmental. THRoberts is not responsible for changes in the Painting due to climate, humidity, moisture, molds, infestation, stains, warping, shrinkage, expansion, fading or any other events that occur over time. To protect your Painting you should keep the painting in a place that it will not be knocked or scratched. Be especially careful that for any stretched canvas painting that no object will push against the canvas. Keep the painting away from water or near windows, sunlight, fireplaces, radiators, heaters, smoke and a/c vents. Dust may be removed with goat hair brushes or a pure soft white cloth. Avoid covering the painting but permit clean air to circulate to prevent moisture buildup.
7. Purchaser-Collector shall not alter, modify or destroy the Painting.
8. Binding Effect. This agreement shall be binding upon the parties and their respective heirs, successors, agents and assigns.