Artist Program
ARTIST PROGRAM OVERVIEW
Showcase your original artwork with Vatalia and see your creations become part of our Living Art systems. We feature artist designs on museum-quality Canvases that integrate with living botanicals in our category-defining wall-mounted installations.
Our program offers two licensing options. The Standard Option provides 25% royalty on each Canvas sale (full exclusivity). The Limited Option provides 20% royalty (you can sell your work elsewhere, just not for competing living wall products). Canvases are priced at $200, giving you $50 or $40 per sale respectively. You have flexibility to adjust your Canvas pricing as your work gains recognition.
Beyond Canvas royalties, you'll earn 70% commission on sales of your original works through The Vatalia Gallery portal. We provide prominent attribution on products and packaging, a featured artist profile on our website, professional photography when available, and preferential pricing on Living Art for self-promotion.
Join our artist community with rotating spotlights, design consultation opportunities, and showcase events. Vatalia offers more than a sales platform, we're building a curated collective where innovative art and nature come together.
Product pricing and royalty rates are subject to change. Contact hello@vatalia.com for current program details or Access the Artist Program FAQs to learn more.
ARTIST ROYALTY AGREEMENT
THIS ARTIST ROYALTY AGREEMENT (the "Agreement") is made as of the ____ day of __________, 2025
BETWEEN:
Vatalia, Inc.
118 Dawn Drive, Springfield, Illinois 62702, USA
("Company")
--- AND ---
[Artist Name]
[Artist Address]
("Artist")
PRICING DISCLAIMER
All product prices and royalty rates referenced in this Agreement are based on current pricing and are subject to change. The Company will provide written confirmation of applicable pricing and royalty structures upon agreement execution. Contact hello@vatalia.com for the most current program details.
1. DEFINITIONS
1.1 "Artwork" means the original artwork created by Artist and approved by Company for reproduction as a Canvas.
1.2 "Canvas" or "Living Art Canvas" means the Company's museum-quality, interchangeable art piece that incorporates the Artist's Artwork and functions as part of the Living Art system.
1.3 "Living Art" or "Living Art system" means Company's premium wall-mounted system that integrates Canvases with living botanicals.
1.4 "Gallery Sales" means sales of Artist's other original works through The Vatalia Gallery portal.
1.5 "Net Sales Price" means the gross amount received by Company from the customer for a Gallery Sales item, less actual costs of shipping and handling charged to the customer, sales taxes, and any discounts or promotional reductions applied to the sale price.
1.6 "Canvas Retail Price" means the price at which a Canvas is offered for sale, whether sold individually or as part of a Living Art system purchase. The standard Canvas Retail Price is $200, subject to Artist's pricing adjustments as permitted in Section 3.1(d).
2. GRANT OF RIGHTS
2.1 Artist grants Company a worldwide license to reproduce, distribute, display, and sell the Artwork on Canvases according to one of the following options selected by Artist:
(a) Standard Option: Full exclusivity. Artwork and any artist-driven reproductions may not be sold or licensed elsewhere by Artist during the term.
(b) Limited Option: Non-compete. Artwork may be sold elsewhere but not for competing living wall products.
2.2 Artist grants Company the right to use the Artwork in all promotional materials, giveaways, events, displays, installations, advertisements, marketing activities, and inclusion in the product configurator, excluding merchandise offered for sale.
(a) SWAG and merchandise not offered for sale by Company (e.g., internal use, promotional giveaways) is included in the promotional license grant under Section 2.2 and does not require separate compensation. This is distinct from merchandise offered for sale, which is addressed in Section 3.1(c).
2.3 Company may sublicense these rights to its affiliates and production vendors for ongoing Vatalia business that supports the promotion and sales of Living Art.
2.4 Artist may use branded images of installed Living Art pieces featuring their Artwork in their digital and print marketing portfolio materials.
3. ROYALTY
3.1 Company will pay Artist:
(a) Standard Option (Full Exclusivity): 25% royalty on each Canvas sold, calculated based on the Canvas Retail Price. With the standard Canvas Retail Price of $200, this equals $50 per Canvas sold.
(b) Limited Option (Non-Compete): 20% royalty on each Canvas sold, calculated based on the Canvas Retail Price. With the standard Canvas Retail Price of $200, this equals $40 per Canvas sold.
(c) Merchandise for Sale: If Company desires to create merchandise featuring the Artwork for sale, it shall notify Artist and negotiate a flat fee in good faith prior to production. If no agreement is reached within 30 days, Company shall not produce such merchandise for sale. The flat fee for merchandise featuring the Artist's Artwork is payable within 30 days of agreement.
(d) Canvas Pricing Flexibility: Artist may adjust their Canvas Retail Price up or down from the standard $200. Royalty will be calculated as the applicable percentage (25% or 20%) of the adjusted Canvas Retail Price. Company recommends Artists maintain standard pricing initially to establish market baseline.
(e) Geographic Limitation: Vatalia is currently selling only within the United States, although artists may be from anywhere.
3.2 For Gallery Sales through The Vatalia Gallery portal:
(a) Company will take a 30% commission, and Artist will receive 70% of the Net Sales Price.
(b) Vatalia will notify Artist of any orders placed, along with tax and shipping amounts collected.
(c) Artist shall professionally package and ship the Gallery Sales item directly to the customer within 5 business days of notification by Company.
(d) Artist is responsible for the costs of packaging materials.
(e) Company will collect shipping fees from the customer and remit the actual amount collected to Artist along with their commission payment.
(f) Artist is encouraged to insure shipments and shall be responsible for resolving any claims for loss or damage during transit, though Company may assist with customer communication.
(g) Artist shall process returns of Gallery Sales items in accordance with Company's stated return policy for Gallery Sales, or in accordance with Artist's own reasonable return policy if communicated to Company and the customer.
(g.1) If a Gallery Sales item is returned by a customer and a refund is issued by Company, any commission previously paid or credited to Artist for that specific sale will be deducted from future payments due to Artist.
(g.2) The party responsible for return shipping costs (Artist or customer) shall be determined by the applicable return policy.
(h) A two-way link will be established between the Artist's website and Vatalia's Artist Bio page.
3.3 Royalty applies only to Canvas sales. No royalty applies to the Living Art system itself or other Company products.
3.4 Canvas royalty is paid whether the Canvas is sold individually or as part of a Living Art system purchase.
3.5 If an Artist refers a buyer that completes a Living Art system sale, they will be eligible for commission under the Affiliate Commission Program schedule (if enrolled separately) in addition to any Canvas royalty earned under this Artist Royalty Agreement.
4. ARTIST BENEFITS
4.1 Company will provide:
(a) Name and website attribution on product, packaging, and digital catalog
(b) Featured profile on Company's website with Artist bio
(c) Reasonable commercial efforts to provide Artist with professional photography when captured by Company during its normal course of business (e.g., for marketing or documenting installations)
(d) Early access to new Living Art features and products before public release
(e) Option to receive product at preferential pricing for self-promotion
5. COMMUNITY FEATURES
5.1 Company will implement:
(a) Rotating "Artist's Choice" spotlight where artists select and promote fellow artists' work
(b) Opportunities for top-performing artists to participate in design consultations for future Living Art products
(c) Artist showcase events (virtual and in-person) to build community and visibility
6. REPORTING AND PAYMENT
6.1 Within 30 days after each calendar quarter, Company will send Artist a report listing quantities of Canvases sold featuring Artist's Artwork (including Canvas Retail Price and royalty earned) and any Gallery Sales (including quantities and Net Sales Prices).
6.2 Company will pay all royalties shown in the report concurrently with delivery of the report, or within 10 days thereafter, by check or electronic transfer to the account Artist designates.
7. TERM
7.1 This Agreement starts on the Effective Date and continues for an initial term of one (1) year.
7.2 The Agreement will automatically renew for successive one-year terms unless either party provides written notice of non-renewal at least sixty (60) days before the end of the current term.
7.3 Upon termination, Company will retain the right to sell existing inventory of Canvases and merchandise featuring the Artwork that was manufactured or produced prior to the effective date of termination for a period of six (6) months thereafter (the "Sell-Off Period"). During this Sell-Off Period, Company may also visually display such existing inventory and merchandise in connection with its sale. Royalties will continue to be paid on sales made during the Sell-Off Period in accordance with Section 3.
(a) During the six (6) month Sell-Off Period defined in Section 7.3, Company may continue to use existing promotional materials featuring the Artwork solely for the purpose of selling the remaining inventory. Company shall not create new promotional materials featuring the Artwork after the effective date of termination, except as directly related to the liquidation of said inventory.
8. TERMINATION FOR BREACH
8.1 Either party may terminate if the other materially breaches and fails to cure within 30 days after written notice.
8.2 Upon termination, Company will pay all accrued but unpaid royalties within 60 days.
9. REPRESENTATIONS AND WARRANTIES
9.1 Artist represents that the Artwork is original and that Artist owns all rights in it.
9.2 Artist represents and warrants that the Artwork is created entirely by Artist without the use of generative artificial intelligence tools. Upon Company's request, Artist shall provide reasonable proof of the Artwork's creation process.
9.3 Company represents that it will use the Artwork only as set out in this Agreement.
10. CONFIDENTIALITY
Each party will keep the other's confidential information secret and use it only to perform this Agreement. This obligation survives termination.
11. INDEMNIFICATION
11.1 Artist will indemnify Company against any claim that use of the Artwork infringes a third party's rights.
11.2 Company will indemnify Artist against claims arising from Company's misuse of the Artwork.
11.3 The party seeking indemnification (the "Indemnified Party") shall promptly notify the other party (the "Indemnifying Party") in writing of any claim, suit, or proceeding for which indemnification is sought; provided, however, that any failure to provide prompt notice shall only relieve the Indemnifying Party of its obligations hereunder to the extent that the Indemnifying Party is materially prejudiced by such failure.
11.4 The Indemnifying Party shall have the right to assume control of the defense and settlement of any such claim, suit, or proceeding with counsel of its own choosing, reasonably acceptable to the Indemnified Party. The Indemnified Party shall cooperate fully with the Indemnifying Party and its counsel in the defense and settlement of such claim. The Indemnified Party may participate in the defense at its own expense with counsel of its own choosing. The Indemnifying Party shall not settle any claim in a manner that admits liability or imposes any obligation on the Indemnified Party without the Indemnified Party's prior written consent, which shall not be unreasonably withheld or delayed.
12. AUDIT RIGHTS
Artist or their designated representative shall have the right, upon reasonable prior written notice (30 days) and no more than once per calendar year, during normal business hours, to inspect and audit Company's books and records directly pertinent to the calculation of royalties payable under this Agreement.
12.1 Such audit shall be at Artist's expense, unless the audit reveals an underpayment exceeding five percent (5%) for the audited period, in which case Company shall reimburse Artist for the reasonable costs of the audit and promptly pay the amount of any underpayment.
13. CURATION RIGHTS
Company has sole discretion to rotate artworks in and out of active Canvas collection based on performance or strategic needs, with 30-day notice to Artist.
14. ARTWORK REQUIREMENTS
14.1 Artist provides high-resolution artwork meeting technical specifications provided by Company.
14.2 Artwork must be original, and Artist must hold all necessary rights.
14.3 Submissions can be accepted at any time at Company's discretion.
15. DISPUTE RESOLUTION
15.1 Good Faith Negotiation: In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the parties shall use their best efforts to settle the dispute through consultation and negotiation in good faith, recognizing their mutual interests and attempting to reach a just and equitable solution satisfactory to both parties.
15.2 Mediation: If they do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, all disputes shall be submitted to mediation in Sangamon County, Illinois, with a mediator mutually agreed upon by the parties. If the parties cannot agree on a mediator within fifteen (15) days of the notice for mediation, a mediator will be appointed by JAMS or a similar reputable mediation service. The costs of mediation shall be shared equally by the parties.
15.3 Litigation: If mediation is unsuccessful in resolving the entire dispute, or is not pursued, either party may pursue any rights or remedies available to it under law or equity in accordance with Section 17 (Governing Law) of this Agreement.
15.4 Equitable Relief: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
16. NOTICES
All notices under this Agreement must be in writing and sent by certified mail or email (with read receipt) to:
Company Contact:
Vatalia, Inc.
118 Dawn Drive, Springfield, Illinois 62702, USA
Attn: Tyler Casper
Email: hello@vatalia.com
Phone: (217) 414-2155
Artist Contact:
[As provided in Artist information]
Or to addresses later designated in writing by either party.
17. GOVERNING LAW
This Agreement is governed by Illinois law. Venue for any legal proceedings arising out of this Agreement lies exclusively in the state or federal courts located in Sangamon County, Illinois.
18. ENTIRE AGREEMENT
This Agreement, including attached Exhibits A and B, is the entire agreement between the parties and supersedes all prior discussions, negotiations, and agreements, whether oral or written, relating to its subject matter.
Access the Artist Program FAQs.
Exhibit A
[Attach image and description of the Artwork here for Canvas library approval.]
Exhibit B
[Technical specifications for Artwork submission and reproduction.]
High resolution (300 dpi or higher) digital files (PNG, JPG, EPS).
COMPANY:
By: _________________________
Name: _______________________
Title: _______________________
Date: _______________________
ARTIST:
By: _________________________
Name: _______________________
Date: _______________________
