Business and Legal Forms for Graphic Designers by Eva Doman Bruck

Author:Eva Doman Bruck
Language: eng
Format: epub
Publisher: Skyhorse Publishing
Published: 2012-12-31T16:00:00+00:00

Licensing Contract to Merchandise Designs

AGREEMENT made this ______ day of ____________, 20_____, between _______________________________________ (hereinafter referred to as the “Designer”), located at __________________________________________________________ and _______________________________________________________________ (hereinafter referred to as the “Licensee”), located at _____________________________________________________________________ with respect to the use of a certain design created by the Designer (hereinafter referred to as the “Design”) for manufactured products (hereinafter referred to as the “Licensed Products”).

WHEREAS, the Designer is a professional designer of good standing; and

WHEREAS, the Designer has created the Design which the Designer wishes to license for purposes of manufacture and sale; and

WHEREAS, the Licensee wishes to use the Design to create a certain product or products for manufacture and sale; and

WHEREAS, both parties want to achieve the best possible quality to generate maximum sales;

NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable consideration, the parties hereto agree as follows:

1. Grant of Merchandising Rights. The Designer grants to the Licensee the . exclusive . nonexclusive right to use the Design, titled _____________________________________________________________ and described as a_______________________________________________________________________________, which was created and is owned by the Designer, as or as part of the following type(s) of merchandise:______________________________ ________________________________________________ for manufacture, distribution, and sale by the Licensee in the following geographical area:_____________________ ____________________________________________________________________ and for the following period of time: _________________________________________________________________.

2. Ownership of Copyright. The Designer shall retain all copyrights in and to the Design. The Licensee shall identify the Designer as the creator of the Design on the Licensed Products and shall reproduce thereon a copyright notice for the Designer which shall include the word “Copyright” or the symbol for copyright, the Designer’s name, and the year date of first publication.

3. Advance and Royalties. Licensee agrees to pay Designer a nonrefundable advance in the amount of $___________ upon signing this Agreement, which advance shall be recouped from first royalties due hereunder. Licensee further agrees to pay Designer a royalty of _______ ( _____ %) percent of the net sales of the Licensed Products. “Net Sales” as used herein shall mean sales to customers less prepaid freight and credits for lawful and customary volume rebates, actual returns, and allowances. Royalties shall be deemed to accrue when the Licensed Products are sold, shipped, or invoiced, whichever first occurs.

4. Payments and Statements of Account. Royalty payments shall be paid monthly on the first day of each month commencing _____________, 20_____, and Licensee shall with each payment furnish Designer with a monthly statement of account showing the kinds and quantities of all Licensed Products sold, the prices received therefor, and all deductions for freight, volume rebates, returns, and allowances. The Designer shall have the right to terminate this Agreement upon thirty (30) days notice if Licensee fails to make any payment required of it and does not cure this default within said thirty (30) days, whereupon all rights granted herein shall revert immediately to the Designer.

5. Inspection of Books and Records. Designer shall have the right to inspect Licensee’s books and records concerning sales of the Licensed Products upon prior written notice.

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