Cultivating Art Series
Terms & Conditions
PROJECT SCOPE. Artist will create a custom art piece that represents the designated cannabis cultivar
in their own style. Art dimensions must be 17”x22”. Art must not contain vulgarity or be targeted
towards children.
PROJECT CONSIDERATIONS. We will place the circular Cultivating Art Series emblem on all
pieces. This can be worked into the original project or Company will add after art is submitted. Project
should include Artist’s signature unless Artist is able to sign each piece after printing. All pieces will be
numbered after printing.
TERM. The agreement term will begin immediately upon signing and exist in perpetuity.
PROJECT PAYMENT. Upon receipt of deliverables, Artist will be compensated $1,000
and 10 printed copies of the art. Artist must submit an invoice along with a W9 and New Vendor
form if this is the first time working with Company.
POSSESSION. Company shall be entitled to 100% exclusive ownership of all art produced as part
of the deliverables outlined in this contract. Company shall grant Artist a royalty-free license to use
art within their portfolio or website after Company has publicly shared the art. Art may not be
reproduced for any purpose without the advanced written approval from Company. Artist shall
submit original piece to Company unless art is a solely digital piece.
GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of
Hawaii. Except as otherwise provided in this Agreement, or waived in writing by all parties, any other
dispute, controversy or claim between the parties arising out of this Agreement shall be resolved in the
following manner, venue to be City of Honolulu, County of Honolulu, State of Hawaii with a trial by
Judge. There shall be no Mediation or Arbitration.
ENTIRE AGREEMENT/AMENDMENT. This Agreement contains the entire agreement of the parties
and there are no other promises, conditions, understandings or other agreements, whether oral or written,
relating to the subject matter of this Agreement. This Agreement may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
SEVERABILITY. If any portion of this Agreement shall be held to be invalid or unenforceable for any
reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any
provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would
become valid and enforceable, then such provision shall be deemed to be written, construed, and
enforced as so limited.
INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain an independent
Contractor, with sole control of the manner and means of performing the Services. Contractor shall bear
all costs, expenses, liabilities, and amounts incurred in performing the Services. Contractor shall not be
deemed an employee of the Company, shall not be eligible for any Company pension, health or other
employee benefit plan and shall not be entitled to any other rights afforded to employees of the
Company. Except as otherwise agreed upon by the Company, Contractor shall furnish, at its expense, all
equipment, tools, materials, supplies, and other items necessary to perform the Services. Contractor shall
have no authority to bind or commit the Company to any contract, representation or obligation to or with
any third party or to incur any cost, expense, liability or other amount for or on behalf of the Company,
and Contractor shall not act as or represent that it is the agent of the Company. Further, it is understood
and agreed by the parties that nothing contained in this Agreement shall be construed to create a joint
venture, partnership, association, or other affiliation or like relationship between the parties, it being
specifically agreed that their relationship is and shall remain that of independent parties to a contractual
relationship as set forth in this Agreement.
WAIVER. The failure of either party to enforce any provision 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.
BINDING EFFECT. The provisions of this Agreement shall be binding upon and inure to the benefit of
both parties and their respective legal representatives, successors and assigns.