Artist Contract

CONTRACT FOR THE SALE OF THE ARTIST’S WORK IN VIRTUAL ENVIRONMENT

1.PARTIES :

1.1. COMPANY :

Can Üstünbaş, Sole Proprietorship (hereinafter referred to as the “Company”)

100.Yıl Mahallesi Umurbey sokak 5/2 G.O.P Çankaya/Ankara- 06700

Email address: info@theheartdoctrine.com

(CUMHURİYET Tax Office 9200133650)

1.2. ARTIST :

…………………. (hereinafter referred to as the “Artist”)

Address:

E-mail address:

ID Number:

The Company and the Artist may hereinafter be referred to individually as “Party” and jointly as “Parties”.

2. SUBJECT OF THE CONTRACT :

This Contract regulates the conditions for the Artist's works to be exhibited and offered for sale on the website “" owned by the Company without causing any change in copyrights; the Company's payment of the sales price to the Artist over the amounts determined by the Artist and the Artist in the protocol in the Exhibit; which does not have a separate meaning from the contract, and the Artist's storage and delivery conditions for the works to be sold.

3. CONTRACT DATE AND TERM :

The Contract has been signed between the Parties on .../.../2024 and is valid for 6 months unless otherwise agreed in writing between the Parties.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES:

4.1 THE COMPANY

(a) The Artist accepts, declares and undertakes to offer the works of the Artist included in the additional protocol, which will be preserved by the Artist and delivered to the end user, for sale on the website at the prices specified in the additional protocol and to promote the works.

(b) The Company may remove the works from publication for certain periods of time if required by the sales strategy, and may apply a discount to the sale prices of the works at certain rates, provided that it obtains the written consent of the Artist.

4.2 THE ARTIST

(a) The Artist declares and undertakes that he/she has personally created the artworks included in the Additional Protocol, that all intellectual property rights belong to him/her, that there are no restrictions on the works that may prevent transfer or sale, and that third parties cannot claim any rights. Otherwise, the Artist agrees, declares and undertakes that he/she will immediately, in cash and in lump sum indemnify the damage incurred by the Company as a result of this situation and will hold the Company free from all liability for such situations.

(b) The Artist shall keep the artworks to be offered for sale through the Company's website in a ready-to-sell condition until otherwise instructed in writing by the Company, maintain their stock status and, upon the first written instruction of the Company, immediately upon the first written instruction of the Company, ensure that the relevant artwork is sent in a protected form to the buyer to be notified by the Company.

(c) The Artist may not sell, transfer, donate the artworks to be offered for sale through the Company's website to third parties in any form, including but not limited to the aforementioned, and may not make any changes in the stock status notified to the Company unless the Artist obtains the Company's written consent at least 1 (one) month in advance. In the event that the Artist violates this obligation, the Artist agrees, declares and undertakes that the Company will immediately, in cash and in lump sum indemnify the damages arising from this violation.

(d) In the event that the Company notifies the Artist regarding the sale of the work, the Artist shall personally ensure the delivery of the relevant work to the buyer. The Artist accepts, declares and undertakes that he/she is personally responsible for all damages, losses and losses that may occur until the moment of delivery of the work to the buyer due to the fact that the relevant product shipment is not made in adequate standards, and that he/she will hold the Company free from any liability for these responsibilities.

(e) The Artist shall be personally liable for all open and concealed defects and all kinds of defects in the work of art. The Artist accepts, declares and undertakes that he/she will hold the Company free from any liability for the rights of the buyer in the event of such a situation, and if the Company suffers any damage, he/she will immediately, in cash and in lump sum, cover such damage.

(f) The Artist declares, accepts and undertakes that he/she is liable for any financial rights or copyright claims by third parties regarding the works to be exhibited by the Company and that he/she will indemnify the Company for any damages incurred by the Company due to such claims and will hold the Company harmless from any liability that may arise as a result of this situation.

(g) The Artist agrees that all kinds of advertising and promotional activities of the works included in the additional protocol within the term of the contract; brochures, magazines and newspapers, domestic and international public communication without limitation of place and quantity will be carried out only by the company, will be exhibited and offered for sale only in organizations determined by the company and on the company's website. The artist declares that he/she authorizes the use of his/her name, photographs and personal information for publicity in visual and written media and social media within the scope of advertising and promotional activities. After the signing of the contract, the artist may share and advertise the works on his/her own instagram, web pages and similar social platforms, provided that he/she legibly places the statement that the work is sold only from theheartdoctrine.com online platform both in the visual content and in the footer.

(h) The Artist shall be personally liable for any damage to the work until the moment it is delivered to the end user and shall hold the Company harmless from liability. The Artist may have his/her work insured at his/her own expense against any damage that may occur to the work.

5. ARTWORK SALE PROCESS PRICE AND COMMISSION PAYMENTS

(5.1) The Company will offer the artwork for sale based on the figures jointly determined with the Artist in the attached protocol.

(5.2) The Artist is obliged to deliver the work, which he/she keeps and maintains under his/her own custody, to the end user intact, in accordance with the qualifications specified in the protocol and complete with the warranty certificate, user manual and certificate, if any, within the period specified in the additional protocol, starting from the moment of notification to the e-mail address specified above that the Company has received the order of the website user. If the Artist authorizes the Company to prepare a certificate of authenticity/certificate, the certificate of authenticity to be prepared by the Company will be proof that the work is delivered defect-free and original, and the document will be signed by the artist and included in the package content. If the purchasing website user orders the work with personalization options such as frames offered by the website, the delivery time of the order by the Artist will be extended by a maximum of 3 (three) days.

(5.3) The work will be put up for sale by adding VAT to the sales price to be determined by the parties. The VAT imposed on the buyer shall be deducted from the determined sales price and 75% of the resulting amount shall be paid to the artist and 25% shall be retained by the company as commission. The amount to be paid to the artist will be withheld by the company as stated in the example below and transferred to the account number specified by the artist in the additional protocol within 15 days from the date of delivery of the cargo to the buyer.

As an example, the amount to be paid to the Artist will be calculated as follows.

Final Consumer Sale Price of the Product Excluding VAT :	1	2.000,00
Gross Artist Share :	2=1*%75	1.500,00
Pursuant to Article 18 of the Income Tax Law :
Withholding tax to be withheld from artists (*) :	3=2*%17	255,00
Net amount to be paid to the Artist :	4=2-3	1.245,00
Gross Company Share :	5=1*%25	500,00
Tax Payable by the Company :	6=5*%22	110,00
Net Company Share :	7=5-6	390,00

(5.4) Authors who wish to benefit from income tax exemption within the scope of the amended Article 18 of the Income Tax Law No. 193 may apply to the General Directorate of Copyrights to obtain a letter stating which of the groups of works determined by the Law No. 5846 on Intellectual and Artistic Works their works are included in. In this context, in order to benefit from Article 18 of the Income Tax Law, if the Artist who has received the Registration Certificate from the Ministry of Culture and the relevant letter from the General Directorate of Copyrights shares this letter with the Company, the Artist will benefit from the change in tax rates and the payment will be made by the Company without any deduction.

6. TERMINATION OF THE CONTRACT AND PENALTY CLAUSE

(6.1)In the event of non-fulfillment of the obligations under the Contract, the Parties may unilaterally terminate the Contract by written notice by e-mail within 7 (seven) days from the moment of knowledge of the breach. In the event that the Artist gives unilateral notice of termination pursuant to this Clause, the Artist shall continue to be obliged to fulfill all obligations provided for under this Contract in respect of orders placed up to the moment of termination.

(6.2)The Artist is obliged to keep the stock of works shared with the Company up to date. Except for the loss of the work due to force majeure, if the Artist causes damage to the Company due to any intentional behavior that will prevent the Company from fulfilling the order received by the Company and / or violates the obligations specified in Article 4.2, the Artist will be sentenced to pay a penal clause equal to the sales price of the commissioned artwork determined on the website.

7. OTHER TERMS

(7.1)The invalidity of any clause of this Contract shall not affect the validity of the Contract unless it affects its essential elements. Amendments to the essential elements of the Contract are subject to the Contract of the parties in writing. Each new Contract to be made shall be an annex to this Contract and the amended article shall cease to be effective and the new article shall become valid. This Contract is an inseparable whole together with its annexes.

(7.2)In the event of force majeure, the party that will be delayed in fulfilling its contractual obligations or will be unable to fulfill the obligations is obliged to notify the situation immediately and within 7 (seven) days at the latest from the date of occurrence of the force majeure event by e-mail to the e-mail address of the other party. The delaying party shall be responsible for any damages incurred due to delay in notification.

(7.3)The Artist agrees that he/she consents to the processing, storage, protection and transfer of his/her personal data for the purposes described in this Contract within the scope of Personal Data Protection No. 6698.

(7.4)The Parties to this Contract have agreed that they will communicate by e-mail via the e-mail addresses specified above, and that the e-mails sent in case of dispute will be evidence.

(7.5)The Laws of the Republic of Turkey shall apply in disputes arising from the Contract and Istanbul Courts and Enforcement Directorates are authorized to resolve disputes.

COMPANY

ARTIST