This agreement is entered into between D.G. Yuengling and Son, Inc., hereinafter referred to as the “Grantee”, located at 310 Mill Creek Ave., Pottsville, PA 17901, and Consumer (as noted on completed form), hereinafter referred to as the “Artist,” located at Artist Address (as noted on completed form).
Whereas, the Artist hereby represents that he/she has created an image or object that is his/her own original work of art or craft and it is not made from copyrighted material or patterns.
Whereas, the Grantee wishes to use the above described work in the creation of marketing materials that may include but are not limited to print, website (Yuengling.com) or social media channels.
Now therefore, in consideration of the mutual promises set forth below, as well as other valuable consideration, the parties agree as follows:
1) The Artist grants to the Grantee the exclusive right to use or reproduce the image for marketing efforts.
2) This grant permits the Grantee the exclusive right to reproduce the image on the Grantee’s website and all other Grantee promotional materials.
3) The term of this contract is for perpetual, commencing upon both parties signing this contract.
4) The Artist shall retain all copyrights in and to the image.
5) The Artist shall indemnify and hold the Grantee harmless from and against any loss, expense or damage occasioned by any claim, demand, suit or recovery against the Grantee, arising out of any alleged use of the image which violates or breeches a third party’s property rights.
6) Neither party shall assign rights or obligations under this agreement.
7) Nothing herein shall be construed to create a joint venture between the parties, nor shall any similar relationship be deemed to exist between them.
8) This agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, except for copyright law, which shall be interpreted in accordance with national and international copyright law.
9) This agreement constitutes the entire agreement between the parties hereto and shall not be modified, amended or changed in any way except upon a written agreement signed by both parties.