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HOME brings together creative, independent, and like-minded professionals, known as HOME residents. HOME aims to stimulate its residents’ careers by (i) championing them in the research of creative undertakings; and (ii) relieving them from a wide array of administrative and cumbersometasks. Resident wishes to join the HOME’s community and is willing to adhere to the collaborative and positive principles established by HOME.
HOME is agreeable for Resident to join its community. This agreement is intended to document the Resident’s participation in HOME’s community (the“Agreement”).
1.1: Nature of the Agreement
In order to cater the needs of its clients, HOME may from time to time propose potential specific professional assignments (the “Project Brief”) to the RESIDENT, depending on the RESIDENT’s previously communicated availabilities and skills. Upon acceptance of the Project Brief by the RESIDENT, the professional assignment will be his or hers to carry out (the “Project”). Unless otherwise agreed upon in writing, the RESIDENT will carry out the Project in strict accordance with the Project Conditions.
The Parties explicitly agree that they are committed to each other by way of an agreement for the reciprocal provision of services (contracting). The Parties emphasise that this Agreement is not an employment agreement. There is therefore no permanent employment relationship between HOME and the RESIDENT, though the latter will only occasionally operate on a freelance basis for specific non-binding Projects proposed by HOME.
The RESIDENT is not permitted to commit HOME or any third party directly. The present Agreement does not grant the RESIDENT any representative authority, so he may never act as or pretend to be holding a power of attorney.
The RESIDENT is not permitted to have its agreements carried out by third parties without the written permission of HOME. As regards the RESIDENT, this Agreement applies intuitu personae.
1.2: Intellectual Property Rights
As a firm believer of the maximisation and the upholding of intellectual property rights of its RESIDENT’s, HOME undertakes to always prioritize the licensing of RESIDENT’s intellectual property rights. However, HOME may from time to time, depending on a Projects specifics, accept a transfer of intellectual Property rights of the RESIDENT.
The RESIDENT gives HOME, for the duration of the Agreement, power of attorney (“volmacht”) to negotiate and agree on the terms of licensing, transfer, and any other way of monetizing of his or her current and future artistic and/or creative works that are created in the performance of a Project (the “Job”). The Jobs include both early and final versions of the artistic and/or creative works. The description of the Jobs will form part of each Project Brief.
A specific Power of attorney to be shown to clients of HOME is attached under the video.
What is power of attorney?
Any license, transfer or any other way of monetization of the Jobs will cover full, transferable, global intellectual property right, for the duration of such right. This includes the right to reproduce the Jobs or to have them reproduced and to inform the public of the Jobs or to have them informed thereof using any currently known and future-proof method. The RESIDENT renounces its moral rights to the maximal extent possible, and, for example, agrees that their name will not be mentioned in the reproduction or communication of the Jobs.
The RESIDENT declares to fully hold all the intellectual property rights and other rights to the Jobs and guarantees that the license or transfer of these rights does not infringe the rights of third parties.
The RESIDENT also declares that the Jobs do not contain any element that infringes the rights of third parties or is in any way unlawful towards third parties. Therefore, the RESIDENT indemnifies HOME, its clients, and their respective legal successors against any claims in this regard. In the event of a claim made against HOME, its clients, and their respective legal successors, the RESIDENT will take the place of HOME, its clients, and their respective legal successors and will reimburse HOME its clients, and their respective legal successors for all damages suffered.
Unless otherwise provided in writing, the Parties have agreed the applicable price laid out in Annexe 1 to cover the fee for each Job.
1.3: Price and Invoicing
The Resident will perform the Project (and bill HOME) at daily and hourly rates as agreed in Annex 1. Such prices can from time to time be adapted by HOME. If the Resident does not agree with any adapted daily and hourly rates, he/she may terminate the agreement immediately within the 30 days following the communication of said adapted hourly rates. In the event the Resident is performing a Project, such termination will be delayed until the end of said Project, during which the hourly or daily rate as applied before the change will prevail.
Unless the HOME provides invoicing Services to the RESIDENT, all of the RESIDENT’s invoices to HOME will be issued on a Project-specific and monthly basis. Any invoice issued by the RESIDENT more than 12 months after the performance of the Project is deemed null and void.
The Resident may in no circumstance invoice HOME’s client directly for any Project performed.