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Terms of Use and Licensing Agreement
1. Mission and Partnership Overview We are an artist-focused incubator dedicated to empowering artists with resources, exposure, and growth opportunities. This agreement outlines the partnership’s structure, emphasizing transparent revenue-sharing, artist control, and support akin to the top industry incubators.
2. Program Participation and Artist Ownership Artist Ownership of Work: Artists retain complete ownership of their intellectual property. The Incubator provides a non-exclusive license to display, promote, and sell the Artist’s work to maximize market reach. Incubator Rights for Promotion and Display: To optimize visibility, the Incubator is authorized to use the Artist’s work for promotion across all its channels. The Incubator agrees to uphold the Artist’s brand and provide proper credit in all uses. 3. Revenue Sharing Model and Sales Process Commission Structure: In line with our partnership model, the Incubator will take a commission of 10% from gross sales revenue, leaving 90% to the Artist from transactions on www.racksavant.com. This commission helps fund the incubator’s continued support and resources for all Artists. Sales Channels: Artwork may be sold through various curated channels, specifically www.RackSavant.com, in-person galleries, exhibitions, and partnerships. Each sale channel is strategically selected to maximize exposure and align with the Artist’s brand. Order Processing: The Incubator handles all buyer communications, transaction processing, and logistics (including packaging and shipping). Custom orders or commissions are reviewed with the Artist to ensure creative alignment. All order fulfillment adheres to high standards, reflecting the quality and professionalism of the Incubator. Payouts: Artists will be paid within 15 business days of each sale’s completion via Credit Card Payment to Artist's Company. A breakdown of earnings and commissions is provided for full transparency. 4. Support Services and Resources Provided to Artists Professional Development: Artists benefit from workshops, mentorship programs, and guidance on branding, marketing, and other areas critical to career growth. These resources are designed to equip Artists with the skills needed for long-term success. Mentorship and Advisory Access: Similar to the mentorship model in startup incubators, each Artist has access to industry mentors. Mentors offer tailored guidance, helping Artists expand their reach and refine their practice. Networking Opportunities: The Incubator hosts exclusive events, exhibitions, and networking sessions with industry professionals, allowing Artists to connect with potential clients, collaborators, and supporters. 5. Marketing and Licensing Support Strategic Marketing Initiatives: The Incubator undertakes targeted marketing campaigns on behalf of Artists, including social media marketing, PR initiatives, and feature placements, ensuring each work receives visibility across channels. Custom Licensing Options: Artists have control over licensing options, allowing them to define usage rights (e.g., personal or commercial use) for each piece. The Incubator facilitates license agreements on behalf of the Artist, ensuring compliance and proper usage. 6. Financial Transparency and Reporting Monthly Reporting: The Incubator provides a monthly report detailing each Artist’s earnings, sales metrics, and engagement insights, enabling Artists to track their success and make data-informed decisions. Incubator Fees and Expenses: All fees associated with payment processing or special promotions will be transparently outlined, with no hidden charges applied. 7. Compliance, Privacy, and Legal Protections Digital Rights Management (DRM): To protect Artists’ intellectual property, the Incubator uses DRM and anti-piracy tools, ensuring that works are safeguarded against unauthorized distribution. Data Privacy Compliance: The Incubator complies with data protection laws (e.g., GDPR, CCPA) to protect personal information associated with Artists and buyers. Infringement Response: The Incubator actively monitors for infringement and unauthorized use of the Artist’s work. Any detected issues will be handled immediately to protect the Artist’s rights. 8. Partnership Exit Strategy Voluntary Termination: Artists may exit the Incubator at any time, provided all outstanding transactions are completed. Upon exit, the Incubator will promptly cease promotion and remove all listings of the Artist’s work within 30 days. Post-Exit Support: For Artists who complete a full program term, the Incubator offers ongoing alumni support, including network access and occasional promotional opportunities. 9. Dispute Resolution and Jurisdiction Mediation and Dispute Handling: Any disputes will be addressed through mediation before escalating to legal proceedings. The jurisdiction for legal matters is San Francisco, CA. Commitment to Fair Practices: The Incubator is dedicated to fair treatment, maintaining ethical practices, and protecting the interests of all Artists involved.
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