Terms And Conditions

ARTIST AGREEMENT

 

THIS AGREEMENT (the “Agreement”) is by and between Artist submitting their work on AirVear.com for review (“Artist”) and AIRVEAR for the Airvear to sell Artist’s work, with the foregoing parties collectively referred to herein as the “Parties” and individually as a “Party.”  The Effective Date of this Agreement is the date the Artist checks the box labeled as “Terms and Conditions” on submission page that is attached to this Agreement.

 

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

 

1. ​Conditions Precedent.

 

    a) Deliverables

 

In order to have Artist’s submission be considered for listing on Airvear.com the Artist agrees to provide the following to the purchaser:

1) At least 5 physical prints of the artwork or an original ready to be mailed to the purchaser within 72 hours of being notified that the artwork was bought.

2) A Tiltbrush or Open brush sketch file that can be opened on Oculus Quest 2 without connecting it to PC. Alternatively, a 360 video of the sketch uploaded to oculus tv, the link must be provided to the purchaser. This must be uploaded to google drive

3) A minted glb file of the sketch;

4) A minted 1-2 minute camera paths video of the tiltbrush sketch with audio and music telling the story about it. The story must have a spiritual/personal development message. Video size cannot exceed 300mb;

5) An animation of the picture that is connected to the physical image through Bridge so that the painting would come to life through Artivive. Video size cannot exceed 100mb.

6) Blink link in a QR code. If you do not have Blink please send us the glb file and we will create the AR experience for you for a one time fee of $50;

7) 500 character bio for the Artist’s personal art page on Airvear.com.

8) Artist must uplaod all of the items listed in section 1 d) of this agreement on a flashdrive and mail the flash drive to the purchaser along with the physical artwork within 72 hours of being notified that the artwork was bought.

Please use this instructional video as a reference to help you fulfill all 7 requirements

 

https://www.youtube.com/watch?v=4csV4wPAS8g&t=6s

 

    b) NFTs
 

The picture, 1-2 minute video, the glb file and the blink AR QR code ALL have to be minted as NFTs in accordance with section 1b) and 1c) of this agreement;Artist must provide a link and aQR code to the minted 1-2 min paid NFT video, see #4 above. That link will be displayed next to the artist’s physical art piece to give purchasers an option to buy the physical picture or NFT or both. The artist is encouraged to sell their NFTs on Double Reality Meta profile to increase the chances of the NFT selling. For that, the artist has to mint on https://doingud.com/ and transfer the NFT to Double Reality Meta wallet. The wallet address is:

 

0x12b2Ff1c2b729c5F3AC18a4e34FDa048716ff9A3

 

That way the Artists’ name as the creator will be preserved in the metadata and the artist will receive royalties from the initial sale and subsequent sales. Artist will receive 15% royalties on secondary sales.

 

    c) Price arrangement
 
1) Physical version – paid.
2) NFT 1-2 minute video of the tiltbrush sketch camera paths, see #4 – paid.
3) Tilt brush file – free
4) Minted NFT glb file – free
5) Minted NFT Blink AR QR code – free
6) Minted NFT Picture of the artwork – free

 

    d) Purchaser’s perks
 

Upon purchasing the physical artwork the purchaser will receive for free a usb drive from the artist that has the following:

 

1. the tilt brush file,
2. the blink AR link, and
3. the art will come to life when they look at it through Artivive.
 

Upon purchasing the NFT video, the purchaser will receive for free:

 

1. a link to the tiltbrush file in the metadata of the glb file, artist must provide the link to the google drive
2. the minted glb file,
3. the minted Blink AR QR code,
4. minted picture of the artwork,
5. a link to the 360 video if any, in the metadata of the minted picture
6. a link to the 4k version of the video if any, in the metadata of the minted picture

 

    e) Artists Obligations
 

Artist must mint all of the free NFTs and send these NFTs to the purchaser’s wallet unless once the purchaser buys Artist’s NFT. Artist must put all of the items listed in section 1 d) of this agreement on a flash drive and mail it to the purchaser along with the physical artwork within 72 hours of being notified that their artwork sold. Artist agrees for their submission to be listed on AirVear.com to showcase it, explain all of the file formats that it will be sold in and include a description about the art and the artist.

 

Artist warrants that all of the work submitted is their original work and they own all of the rights to it.

 

2) ​Profit sharing

 

10% of all profits from the physical art or experiences would be retained by AirVear.com. Artist will be notified when their art and experience sells. Artist will be asked to provide their preferred method of depositing funds to their account via Zelle, PayPal or Venmo.

 

Artists are encouraged to list commission price at 15% for all of the free NFTs the buyers get when they buy the 1-2 minute video so that if the free NFTs are sold, the artist would still get commission.

 

3)​Miscellaneous.

 

​(a) ​Waiver and Severability. No waiver of any term, provision or condition of this Agreement, the breach or default thereof, by conduct or otherwise, in one or more instances, shall be deemed to be either a continuing waiver or a waiver of a subsequent breach or default of any such term, provision or condition. If any provision of this Agreement or the application thereof is held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.

 

​(b) ​Independent Contractor. ARTIST is an independent contractor and not an employee of Airvear for any purpose. Airvear is not responsible for any employee benefit or withholding or employer tax obligations, social security benefits or unemployment compensation related to Services. This Agreement does not create an employment relationship, association, agency, joint venture or partnership nor does it impose any liability attributable to such a relationship upon either Party.

 

​(c) ​Notices. All notices hereunder shall be in writing and given to the other Party with confirmation of receipt. If the artist fails to comply with any of the requirements in any of the sections of this agreement, artist will be given 48 hours to cure the breach of the agreement. In the event that the Artists fails to cure the breach, Airvear will issue the purchaser a full refund, remove Artist’s work from the website and restrict Artist from listing future art or experiences.

 

​(d)​ Governing Law. All disputes arising from or in connection with this Agreement, or the enforcement or construction hereof, shall be governed by and resolved in accordance with the laws of California, USA as such laws are applied to a transaction between residents of that state.

 

​(e)​ Assignment. ARTIST shall not assign, sell, mortgage, or pledge any rights or obligations hereunder, in whole or in part, without Airvear ’s prior written consent, it being understood that ARTIST’s obligations and duties are personal to ARTIST, and any purported assignment shall be null and void. Airvear may freely assign this Agreement or any rights hereunder, in whole or in part, to any person, firm or corporation. This Agreement shall inure to the benefit of Airvear ’s successors, licensees, and assigns.

 

(f)​ Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same document.

 

​(g)​ Entire Agreement. This Agreement contains the entire understanding of the Parties with respect to its subject matter and supersedes any prior agreements between the Parties. Any representations or agreements by an agent or representative of either Party to the contrary shall be of no force and effect. No modification, variation or amendment of this Agreement is effective unless made in writing and signed by the Parties.

 

(h)​ Breach and Cure. No act or omission of Airvear constitutes a breach or default of this Agreement unless ARTIST first notifies Airvear in writing and Airvear has not commenced to cure such default within thirty (30) days.

 

BY CHEKING THE BOX NEXT TO TERMS AND CONDITIONS THE ARTIST IS SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES AND AGREES THAT THEY HAVE READ AND FULLY UNDERSTOOD THIS AGREEMENT, AND THAT THEY HAVE CONSULTED WITH AN ATTORNEY REGARDING ANY QUESTIONS THEY MAY HAVE OR HAVE VOLUNTARILY ELECTED NOT TO DO SO.