For the Work described below between the undersigned Rancho De La Luna "Bingo Richie", as purchaser the Work (“Contractor”), and the undersigned Benjamin H. Bernard, as creator of the Work (“Artist”), is made this day 12/08/2021.
Name of Artist: BENJAMIN H. BERNARD | BBD STUDIOS
Address: 5109 SW Oleson RD, Portland OR, 97225
Email Address: [email protected]
Name of Contractor: Rancho De La Luna "Bingo Richie"
Address: Joshua Tree, CA
Email: [email protected]
The Contractor desires to have certain services and tasks performed as set forth below requiring the specialized skills, talents and other expertise of the Artist. The completed results and product of Artist’s services shall be deemed the “Work.” The Work is specially ordered and commissioned by Contractor for use in connection with the film or project, Joshua Tree - VR Concert. The scope of work shall include:
Two days of VR filming with Insta360 Titan in Joshua Tree, CA.
Stitch & Deliver final assets in 8K 3D 360. Plus raw footage.
Stitch & Deliver Individual songs in 4K 3D 360 with Nadir Logo
Payment schedule is outlined in the attached: Invoice Link
Artist will deliver project to the Contractor with defined delivery set in: Project Link
Artist guarantees the completed “Work” in form and content satisfactory to the Contractor. All work will be done in a competent and workmanlike fashion in accordance with applicable standards of the profession and all services are subject to final approval by Contractor prior to payment. Artist reserves the right to adjust the schedule and cost in the event that Contractor fails to meet agreed upon deadlines for approval or payment and for more than customary changes and additions to the agreed upon scope of services defined in Project Link.
Artist acknowledges that the Work is being created by Artist for use in "Joshua Tree - VR Concert" and that each form of Work is being created by Artist as a “work made for hire” under the United States Copyright Act and, at all stages of development, the Work shall be and remain the sole and exclusive property of the Contractor. At Contractor’s sole, absolute and unfettered discretion, Contractor may make any changes in, deletions from, or additions to the Work. If for any reason the results and proceeds of Artist's services hereunder are determined at any time not to be a work made for hire, Artist hereby irrevocably transfers and assigns to Contractor all right, title and interest therein, including all copyrights, as well as all renewals and extensions thereto.
Nothing contained in this agreement shall be deemed to require the Contractor to use the Work, or any part thereof, in connection with the "Joshua Tree - VR Concert" or otherwise. Credit for the work shall read: BENJAMIN H. BERNARD, BENJAMIN BERNARD DIGITAL or BBD Studios, provided that a substantial portion of Artist’s work is incorporated in the Film/Project. In determining whether Artist is awarded sole, shared or no credit for the Work, reference shall be made to the Writers Guild of America credit definitions. No inadvertent failure by Contractor to comply with the credit line set forth above, nor any failure by third parties to so comply, shall constitute a breach of this agreement.
Artist shall be responsible for all expenses incurred while performing services under this agreement. OR Contractor will reimburse Artist for preapproved expenses. Contractor will pay Artist within 30 days after receiving receipts documenting purchases.
Artist is an independent contractor, not an employee. Contractor will not withhold FICA or make FICA payments on Artist’s behalf, make state or federal unemployment compensation contributions on Artist’s behalf or withhold local, state or federal income tax from Artist’s fees. It is understood that Artist is not eligible to participate in any pension, health, vacation pay, sick pay or other fringe benefit plan normally associated with an employee relationship.
With reasonable cause, either party reserves the right to cancel this agreement without obligation by giving 30 days written notice to the other party of the intent to terminate. In the event that either party shall be in default of its material obligations under this agreement and shall fail to remedy such default within sixty (60) days after receipt of written notice thereof, this agreement shall terminate upon expiration of the sixty (60) day period. Should the Artist’s commission be cancelled or postponed for any reason before the final stage, Contractor agrees to pay a cancellation (“kill”) fee based on the work completed. "Kill Fee" will be set in the terms of the: Invoice Link
Artist hereby grants Contractor the right to issue and authorize publicity concerning Artist and to use Artist's name, voice and approved likeness and approved biographical data in connection with the distribution, exhibition, advertising and exploitation of the "Joshua Tree - VR Concert". Artist shall exercise approvals hereunder reasonably and within five (10) days after request by Contractor, or such approvals shall be deemed given.
Contractor hereby grants Artist the right to use any real copies and or digital copies of artists work or breakdowns, demonstrations of work and sections of work for self promotion on artist websites and other social media outlets and any other media outlets that may be available for artist’s self promotion.
Artist warrants and represents that he/she has the right to enter into this agreement and to grant Contractor all rights herein granted, and that Artist has not entered into or will enter into any agreement of any kind that will interfere in any way with the complete performance of this agreement. Artist warrants and represents that Work shall be wholly original with Artist, except as to matters within the public domain and except as to material inserted by Artist pursuant to specific instructions of Contractor, and shall not infringe upon any intellectual property rights or violate any laws.
Artist may not assign, directly or indirectly, all or part of its rights or obligations under this agreement to any other person or entity without first obtaining the written permission of Contractor. This agreement constitutes the entire agreement between the parties. No modification shall be enforceable except in writing and signed by the parties hereto. This agreement shall be governed by the laws of the state of CALIFORNIA. In the event any dispute arising under this agreement results in litigation, arbitration, or mediation, such action or proceeding shall be brought within the state or federal courts.
If any provision of this agreement or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of this agreement which can be given effect without the invalid provisions or application, and to this end the provisions of this agreement are declared to be severable.
I agree to these terms and conditions: