Crowd Collabs – Artist Agreement

Crowd Collabs – Artist Agreement

This Artist Agreement (“Agreement”) is entered into by and between the individual or entity agreeing to these terms (“Artist,” “you,” or “your”) and Crowd Collabs, LLC (“Crowd Collabs,” “we,” “us,” or “our”), and governs your use of the Crowd Collabs platform (the “Platform”) to engage visual designers for artistic collaborations. By accessing or using the Platform as an Artist and clicking “I accept” at account creation, or by otherwise electronically accepting this Agreement through the Platform, including in connection with enabling submissions, approving designs, or accessing Artist dashboard features, you agree to be bound by this Agreement and our Terms of Use, which are incorporated herein by reference. In the event of a direct conflict between this Agreement and the Terms of Use, this Agreement will control with respect to Artist-related services and obligations. Capitalized terms not otherwise defined in this Agreement shall have the meanings assigned to them in Terms of Use.

1. Purpose and Participation

Crowd Collabs provides a platform that enables artists to collaborate with fans and designers who submit merchandise designs. As an Artist, you may use the Platform to review, approve, and collaborate on fan-submitted designs that, if approved, may be made available for sale through print-on-demand merchandise. You are not required to approve any design. Your participation is optional and there are no upfront costs for using the Platform.

2. Account Registration & Eligibility

To participate as an Artist, you must be at least 18 years old (or the age of legal majority in your jurisdiction) and capable of entering into a binding contract. You agree to provide accurate information and to maintain the confidentiality of your account credentials. You are responsible for all activity conducted through your account.

3. Design Requests & Submissions

When you enable the ‘Ready to Accept Submissions’ setting in your Artist dashboard, your profile will become viewable to Designers, who may then submit proposed designs for your consideration. Designers may respond with proposed designs, which you may review, request revisions to, approve, or reject. There is no obligation to accept any submitted design. Designers retain ownership of unapproved or rejected content, except where the design includes your name, likeness, trademarks, or other proprietary elements. Only designs you approve through the Platform will be made available for sale (“Approved Design(s)”). You may accept, reject, or request revisions of any submitted design. Approved Design(s) will be listed on your public Artist page on the Platform and made available to customers through Crowd Collabs’ print-on-demand and order processing partners.

4. Intellectual Property Rights

Any Approved Design(s) shall be considered a “work made for hire” to the extent permitted by law. Where such classification is not recognized, Designer irrevocably assigns to you all rights, title, and interest in and to the Approved Design(s). For any unapproved or rejected designs, all rights remain with the Designer, except that Designer may not reuse or exploit any of your proprietary elements (such as trademarks or likeness) without your prior written consent. You further understand and agree that:

  • (a) You own all rights in any and all Approved Design(s);
  • (b) All Content and any Approved Design(s) submitted or made available through the Platform are subject to the Terms of Use, including the rights granted therein to Crowd Collabs;
  • (c) You shall not claim or assert ownership in unapproved submissions, and no rights are transferred unless and until a design is approved;
  • (d) You may not exploit, license, sell, or otherwise use any Approved Design(s) outside of the Platform, and any such attempt will constitute a material breach of this Agreement.

5. Royalty Payments

Royalty Split

For merchandise bearing the Approved Design(s) and sold through the Platform, Artist shall be entitled to receive 33% of the Net Revenue. Artist’s share shall be paid no less frequently than once per calendar quarter and accompanied by a written accounting of units sold, gross receipts, itemized deductions, and the applicable revenue split.

Net Revenue means the gross amount actually received by or on behalf of Crowd Collabs from the sale of merchandise bearing the Approved Design(s), less:

  • (i) third-party fulfillment and shipping costs;
  • (ii) transaction and payment processing fees;
  • (iii) applicable sales taxes, VAT, or similar governmental charges;
  • (iv) chargebacks, returns, or customer refunds;
  • (v) other direct out-of-pocket costs incurred in the production and sale of the merchandise.

Crowd Collabs may update the applicable percentage on a prospective basis upon thirty (30) days’ written notice to Artist. No such changes shall apply retroactively to merchandise already sold.

Minimum Payout Threshold

Crowd Collabs shall not issue a royalty disbursement for any calendar quarter if Artist’s accrued and unpaid royalty balance is less than $25.00. Any accrued royalties below this threshold roll over until the total meets or exceeds $25.00, at which point the full accrued amount shall be disbursed in the next scheduled quarterly payment. Upon termination of this Agreement, any remaining accrued royalty balance shall be paid to Artist, subject to processing fees.

Note: Any illustrations or examples on the Platform are for informational purposes only and do not guarantee earnings.

6. Brand and Likeness License

You grant Crowd Collabs a limited, non-exclusive, worldwide, royalty-free license to use your name, approved image and likeness, Approved Design(s), approved biographical materials, and any branding materials you upload for purposes of promoting your merchandise, operating the Platform, and marketing the Services.

7. Artist Representations and Warranties

  • (a) You have the full right and authority to enter into this Agreement;
  • (b) Your participation and approval of designs does not violate any agreement or restriction;
  • (c) You will not knowingly approve designs that infringe on others’ intellectual property or violate any law.

8. Disclaimers & Limitation of Liability

Refer to the Terms of Use for full disclaimers and risk allocations. Crowd Collabs is not responsible for disputes or communications between you and any Designer. Use of the Platform is at your own risk.

9. Indemnification

You agree to indemnify and hold harmless Crowd Collabs from any claims, liabilities, damages, or expenses arising from your use of the Platform, your submissions, or violation of this Agreement.

10. Governing Law & Dispute Resolution

This Agreement is governed by the laws and dispute resolution procedures in the Terms of Use.

11. Termination

Either party may terminate this Agreement upon written notice. Crowd Collabs may suspend or terminate access immediately for breach. Termination does not affect your right to accrued royalties. Certain sections (4, 5, 7, 8, 9, 12, and 14) survive termination.

12. Independent Contractor; No Partnership; Taxes

You are an independent contractor, not an employee or partner. You are responsible for all taxes, withholdings, and reporting obligations. Crowd Collabs does not provide tax advice.

13. Assignment

Crowd Collabs may assign this Agreement without restriction. Artist may not assign without prior written consent. Agreement binds the parties and permitted successors.

14. Miscellaneous

This Agreement and the Terms of Use constitute the entire agreement. If any provision is unenforceable, the remainder remains in effect. Continued use after updates constitutes acceptance.

If you have questions, please contact support@crowdcollabs.com.

By clicking “I Agree” or continuing to access the Platform, you agree to be legally bound by this Agreement.