Terms of Service
Company Responsibilities. Company agrees to provide excellent, professional service in timely and efficient matter with coordinating times for setting up art and exact agreed placement of art in the establishment. Art Younify LLC. agrees to only use and or create physical setup of art using tools agreed upon. Any physical setup with the use of brackets, drills, nails, hammers, stud finders, paint, joint compound, screws, medal wiring will solely be done by our professional team and may or may not include the artist and in discretion of the partner and there establishment. We also take full responsibility in having full records of artists, payment, coordinating dates and times along with any signed contracts to create open, effective and flourishing relationship with said partner and Art Younify LLC. affiliates and artists. We handle all artistic pieces with the up most care and safety to ensure the well being of all Artist pieces in transport and display.
Artist Responsibilities. Artist agrees to assist in creating and maintaining good relationships with other artists and partners; effective communication and coordination; and assistance with delivery, hanging, and pick up logistics if agreed upon. All physical hanging along with tools and items used including delivery process, distribution, coordination of dates for logistics will be Art Younify LLC. responsibility, yet artist is responsible for acknowledgment of agreed standards and appointment approval to setup agreed artistic pieces. Artist also has the responsibility to sign off on processed art from Art Younify LLC. This may or may not include: photographs taken at Art Younify LLC. establishment or artistic pieces are returned to artist after showcasing.
Partnership Responsibilities. Partner agrees to assist in creating and maintaining good relationships with other clients and partners; effective communication and coordination; and assistance with delivery, hanging, and pick up logistics. All physical hanging along with tools and items used including delivery process, distribution, coordination of dates for logistics will be Art Younify LLC. responsibility, yet client is responsible for acknowledgment of agreed standards and appointment approval to setup agreed artistic pieces.
NO WAIVER - No consent or waiver, express or implied, by Company hereto of any breach or default by Artist shall be deemed or construed to be a consent to or waiver of any other breach of default or any other obligations under this contract. Failure on Company’s part to complain of any breach or default, irrespective of how long such breach or default continues, shall not constitute a waiver by Company of its’ rights hereunder the agreement.
ATTORNEY FEES & COST - In any action brought to enforce or defend any provision of this Settlement Agreement in any lawsuit or legal proceeding, the prevailing party will be entitled to an award of reasonable attorneys’ fees, court cost, expert cost, witness fees, copy cost, travel cost, postage, and other legal expenses in addition to any other relief adjudicated. A party must prove compensable injury and secure an enforceable judgment in the form of damages or equitable relief in order to be considered a prevailing party. If the party fails to do so, then the other party shall be considered the prevailing party.
ALTERNATIVE DISPUTE RESOLUTION - It is the policy of the State of Texas to encourage the peaceable resolution of disputes through alternative dispute resolution procedures. If a dispute arises between the Company and Artist, which cannot be resolved in good faith through informal settlement discussions, the parties agree to submit the dispute to mediation before resorting to any arbitration or litigation, other than a suit to seek injunctive relief. If dispute cannot be settled through mediation, then Company shall have the right, at its sole discretion, to have the dispute decided by binding arbitration. All arbitration meetings shall be held in Austin, Texas. Informal Settlement Discussion and Mediation is a required condition precedent to filing any lawsuit. Company shall not be liable if Artist fails to strictly adhere to the provisions of alternative dispute resolution. Further, no act or omission of Company shall be deemed a waiver of this condition
OTHER PARTIES BOUND - Artist and Company each bind themselves, their respective heirs, executors, administrators, partners, successors, assigns, and legal representatives of such party in all matters related to this Contract.
NO ASSIGNMENT - Neither party has the right to assign this Contract without the written consent of the other, which consent shall not be unreasonably withheld.
TIME OF THE ESSENCE: - Time is of the essence in this Contract.
COUNTERPARTS - If this Contract is executed in multiple counterparts, all counterparts taken together will constitute this Contract
NOTICE OF DEFAULT - In the Event of Default by Company, prior to exercising any remedy, Artist shall provide Company written notice of such default by Certified Mail Return Receipt Requested. This is the sole manner in which to provide Notice of Default to Company. If Company fails to cure the Event of Default within ten (10) business days after receipt of the written notice, Artist may exercise any remedy, subject to the terms of this Contract.
Artist agrees to indemnify and hold harmless Art Younify LLC., any affiliates, representatives or partners for any damage to their property and or artistic pieces. Artist also agrees to hold Art Younify LLC. harmless of any consequences resulting from advertising, marketing and or management done in service of good grace for the artist. This also includes the process of moving artistic pieces or damage to property when in care of Art Younify LLC., affiliates and artists. Unless an Artist has signed a buy out claim option for damaged work, then it is in good grace that an Artist works with Art Younify LLC. to coordinate and showcase there artwork and holds there own work liable.
Partner agrees to indemnify and hold harmless the Company for any damage to their property. Yet in good faith of agreed upon contract, Art Younify LLC. takes full responsibility in repairing, cleaning establishment due to any physical harm and or setup of said artistic pieces. This also includes the process of moving artistic pieces or damage to property when in care of Art Younify LLC., affiliates and artists.