Sugarlift Artist Agreement
This agreement becomes effective when the artist creates or updates his or her artist profile or uploads new works to Sugarlift. The agreement is between the artist and Sugarlift, LLC, (“Sugarlift”).
Both the artist and Sugarlift agree that the artist wishes to make certain artwork available for sale through Sugarlift and to appoint Sugarlift an independent non-exclusive reseller of said artwork.
Both the artist and Sugarlift also agree to the following:
1. WEB UPLOAD. Artworks uploaded via Sugarlift's website during the artist onboarding process are the works that artist agrees shall be covered by this agreement. Additionally, artist may make works available for sale through Sugarlift by communicating with a Sugarlift representative via e-mail.
2. AT WILL. The artist and Sugarlift agree that the arrangement for Sugarlift to sell the work of the artist is at will.
3. FINANCIAL TERMS. The agreement is subject to the following terms:
(1) NET REVENUE. Net revenue is defined as the proceeds from the sale after all costs related to the sale are paid for. Costs include but are not limited to discounts, shipping, handling, art advisory fee and packaging.
(2) ARTIST SHARE. Sugarlift and artist agree that payout structure for artist and Sugarlift will differ based upon the category of artwork, as well as the setting in which it is sold, as defined below:
- UNIQUE WORKS SOLD VIA E-COMMERCE OR VIA STUDIO VISIT. For a work considered a unique work (generally, but not necessarily, a painting, drawing, etc), artist shall receive 70% of net revenue when the work is sold through Sugarlift’s e-commerce store or during a studio visit.
- UNIQUE WORKS SOLD AT AN ART FAIR, POP-UP EVENT, OR ART ADVISORY SERVICE. When work is sold at an art fair, pop-up or similar venue, or through Sugarlift's advisory service, artist shall receive 50% of net revenue.
- PHOTOGRAPH OR DIGITAL EDITION SOLD VIA E-COMMERCE, ADVISORY SERVICE OR AT AN ART FAIR. Artist shall receive 30% of net revenue when the work is sold through Sugarlift’s art advisory service, via its e-commerce store, or at an art fair or similar venue.
(3) DISCOUNTS. In making any sale, Sugarlift at its discretion may offer discounts.
(4) PAYMENT SCHEDULE. Payments to artist will be made monthly, on the last business day of each month, for sales that occurred in the month preceding the month in which payment is made. For example, if a sale occurred on December 15th, artist would receive his or her share of the sale on January 31st.
4. MARKETING. Artist grants Sugarlift worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the artwork covered under this agreement; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of said artwork in any form, medium or technology now known or later developed for the purpose of promoting Sugarlift. Artist acknowledges and agrees that the foregoing license rights are granted on a royalty-free basis and that artist’s sole compensation for the grant of such license rights, if any, will be in the form of the artist’s share of revenue as defined in Paragraph 3.
5. INDEMNIFICATION. Artist will indemnify Sugarlift against and hold it harmless from: (a) any claim by a third party that the artwork covered in this agreement or its use or reproduction infringes or misappropriates any copyright or other intellectual property; (b) any claim by a third party that this agreement conflicts with, violates, or breaches any contract, assignment, license, sublicense, security interest, encumbrance, or other obligation to which artist is a party or of which it has knowledge; (c) any claim relating to any past, present, or future use, licensing, sublicensing, distribution, marketing, disclosure, or commercialization of the artwork by the artist; and (d) any litigation, arbitration, judgments, awards, attorneys’ fees, liabilities, settlements, damages, losses, and expenses relating to or arising from (a), (b), or (c) above.
6. ARBITRATION. In the event a dispute arises under this agreement, the parties shall confer with all reasonable dispatch and endeavor to arrive at a solution; failing agreement, the dispute shall be submitted to a single arbitrator either agreed to by the parties, or appointed by the American Arbitration Association, who shall decide the dispute under the rules of the Association; and any decision by an arbitrator shall be final and binding upon both parties.
7. CHOICE OF LAW. This agreement shall be governed by the law of the State of New York.