The undersigned (herein “Purchaser”) hereby offers to purchase from the owner Glink Arts Global Group, Inc. (herein “Seller”) a license to possess and reproduce a certain item of art described as __________________________________________________________________________________
and whose photograph is attached and included herein for reference, upon the following terms and conditions:
1. Copyright ownership of the art shall remain in the possession of Glink Arts Global Group, Inc. Purchaser is receiving the actual art piece and a license to produce said art piece by making __________copies, including __________ copies in oil or acrylic medium, and to possess and/or sell same commercially.
2. Said license is personal to the Purchaser and may not be transferred to any other party.
2. The purchase price shall be _________________Dollars ($______________) to be paid in cash upon presentation of the art by the Seller to the Buyer:
3. In addition to the art object, and the license to reproduce said art object, the Purchaser shall also receive ________ shares of common stock in Glink Arts Global Group, Inc. The shares have not been registered under the Securities Act of 1933. These shares have been acquired for investment and not for distribution or resale. They may not be sold, mortgaged, pledged, hypothecated or otherwise transferred without an effective registration statement for such shares under the Securities Act of 1933 or an opinion of counsel for the corporation that registration is not required under the Act.
4. Purchaser shall have seventy-two (72) hours in which to inspect and accept said art. If Purchaser fails to accept said art within the 72 hour time frame, then the Purchaser will return said art in the same condition that it was received (original condition) to Seller for a full refund. All copies made of the art made during this time frame, as well as all shares of stock received by Purchaser, must also be returned to the Seller. Failure to either return said art in original condition, all copies of said art, or all shares of stock, shall result in Purchaser paying to Seller liquidated damages.
5. Seller acknowledges that the actual damages likely to result from breach of Section 4 are difficult to ascertain on the date this Agreement is entered into and may be difficult for Purchaser to prove in the event of a breach. Therefore, the parties intend that the payment of Liquidated Damages in the amount equal to the original purchase price would serve to reasonably compensate Seller for Seller’s actual damages sustained, and not as a penalty, due to any breach by Purchaser of its obligations under this Section 4 and Purchaser agrees to pay this amount to Seller for each incident of material breach of Section 4.
6. It is expressly agreed that this agreement to purchase art includes the entire Agreement. of Purchaser and Seller. This Agreement shall be binding upon the heirs, personal representatives, successors and assigns of both Purchaser and Seller. This Agreement shall be interpreted and enforced in accordance with the laws of the State of California without reference to conflict of laws provisions.
7. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Orange County, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Without limitation of the foregoing, each party acknowledges that it hereby waives the right to have disputes arising out of or relating to this Agreement resolved by jury trial and the parties shall not be entitled to special, punitive, incidental and similar damages in any proceeding brought for enforcement of this Agreement.
8. Ifany party hereto commences any action against any other party hereto with respect to the enforcement or interpretation of this Agreement, then the prevailing party in such action shall be entitled to an award of its costs of litigation, including reasonable attorneys’ fees.
9. Special Conditions: _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
This Agreement and purchase was made at_THE OFFICE OF Glink Art Global Group__ , State of CALIFORNIA__ , this
___________02_ day of___07_____________________________ , 2019______ .
Seller: Glink Arts Global Group, Inc., by_DAVID CHINH TRUONG_____________________________________________