The works of Marc Siaw
The following terms and conditions apply to work on commission. A filled copy, ready to sign, will be sent to the client’s e-mail address.
This Commission Agreement (this “Agreement”) is made effective as of Wednesday, September 18, 2024 03:53pm Hawaiʻian-Aleutian standard time, by and between client name here (the “Employer” and “Client”) of client address here and Marc Siaw (“the Employee”) of Honolulu, Hawaiʻi.
The Employer is engaged in the business of art and/or design collection. The Employee will primarily perform his job duties from his home in Honolulu, Hawaiʻi.
The Employer desires to have the services of the Employee.
The Employee is willing to be employed by the Employer.
Therefore, the parties agree as follows:
Employment. The Employer shall employ The Employee as an artist. The Employee shall provide duties, as needed and within reason, to the Employer. The Employee accepts and agrees to such employment and to be subject to the general supervision, advice and direction of the Employer and the Employer’s supervisory personnel. The Employee shall also perform:
such other duties as are customarily performed by an employee in a similar position, and
such other and unrelated services and duties as may be assigned to the Employee from time to time by the Employer.
Best Efforts of Employee. The Employee agrees to perform faithfully, industriously, and to the best of The Employee’s ability, experience, and talents, all of the duties that may be required by the express and implicit terms of this Agreement, to the reasonable satisfaction of the Employer. Such duties shall be provided at such place(s) as the needs, business, or opportunities of the Employer may require from time to time.
Commission Payments. The Employer will make commission payments to the Employee based on US$20.00 per hour of artwork produced. This commission will be paid weekly, no later than five days after the payroll period that ended on the preceding Friday, as observed in Hawaiʻian-Aleutian standard time. Upon request by the Employee, the Employer will make advances against expected commissions in accordance with the Employer’s usual policies.
Right to Inspect. The Employee, or the Employee’s agent(s), shall have the right to inspect the Employer’s records for the limited purpose of verifying the calculation of the commission payments, subject to such restrictions as the Employer may reasonably impose to protect the confidentiality of the records. Such inspections shall be made during reasonable business hours as agreed upon by all involved parties.
Death of the Employee. If the Employee dies during the term of this Agreement, the Employee shall be entitled to payments or partial commission payments for the period ending with the date of the Employee’s death.
Reimbursement. The Employer will reimburse the Employee for the following “out-of-pocket” expenses in accordance with the Employer’s policies in effect from time to time: should your request require it, a list of applicable out-of-pocket expenses will go here, as applicable per contract.
Employee’s Inability to Contract for the Employer. The Employee shall not have the right to enter into any contracts or commitments for or on behalf of the Employer without first obtaining the express written consent of the Employer.
Term and Termination. The Employee’s employment under this Agreement shall be for an unspecified term on an “at will” basis. This Agreement may be terminated by the Employer upon no written notice, and by the Employee upon no written notice. If the Employee is in violation of this Agreement, the Employer may terminate employment without notice and with compensation to The Employee only to the date of such termination. The compensation paid under this Agreement shall be the Employee’s exclusive remedy.
Compliance With Employer Rules. The Employee agrees to comply with all of the rules and regulations of the Employer.
Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered via electronic mail to the address “client e-mail address here”. Such addresses may be changed from time to time by either party by providing written notice in the manner set forth above.
Entire Agreement. This Agreement contains the full, unredacted, and unabbreviated agreements of all involved parties. There are no additional terms in any other agreements, whether oral or written. This Agreement supersedes any prior written or oral agreements between any involved parties.
Amendment. This Agreement may be modified or amended, if the amendment is made in writing and is signed by all involved parties.
Severability. If any provision(s) of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provision(s) shall continue to be valid and enforceable. If an applicable court finds that any provision(s) of this Agreement would be invalid or unenforcable but—by limiting such provision, the Agreement would become valid or enforceable—then such provision shall be deemed to be written, construed, and enforced as so limited.
Waiver of Contractual Right. The failure of either party to enforce any provision(s) of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Applicable Law. This Agreement shall be governed by the laws of the United States of America and the State of Hawaiʻi.
Signatories. This Agreement shall be individually signed by both the Employer and the Employee. This Agreement is effective as of the date first above written.
Do not compromise my integrity with anything you do with a character/design you buy from me. This includes (but is not limited to) hate crimes or hate speech, animal or child abuse, distribution of malware or illegal software, and trolling or spamming.
Listed prices are typically for personal license for displaying and otherwise using it for personal uses. This license is transferable without permission necessary, but you cannot sub-license others under this license. You may apply for a commercial license so that you can sell my artwork or designs; however, this will always cost more than the listed price.
When you buy or trade for characters or designs from me at its commercial-license value, this gives you the rights to their copyrights. I will not hunt you down for a cut of the profit if you include these characters or designs in some paid form of media so as long as you've been granted the commercial license. There is no limited window of time for deciding if you want a commercial license or not, so you can get one later if you want.
I retain full rights to my art regardless of which purchase is made. Buying my art or my designs signals that you agree to these terms (which may be subject to change).
Content here!