CONTRACT OF AGREEMENT
WITH EMILY WELLS DESIGN
FOR Kimberly Nissen
Client: You have the authority to enter into this contract on behalf of yourself, your company or your organization. You agree to provide me with everything that I need to complete the project including text, images and other information as and when I need it, and in the format that I ask for. You will review my work and provide feedback and approval in a timely manner. You will also be bound by any deadline dates we set together, and you also agree to stick to the payment schedule set out at the end of this contract.
Designer: I have the experience and ability to perform the services you need from me and I will carry them out in a professional and timely manner. Along the way I will endeavor to meet all the deadlines set, but all launch dates or deadlines are also based on your timeliness in providing feedback, supplying materials, and approving or signing off on my work at the given stages. On top of this I will also maintain confidentiality of any information that you give me.
I'm not responsible for writing or editing any text copy unless specified in the original estimate. If you would like me to write new content or edit text for you, I can provide a separate estimate for that.
If needed, you should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, I would be happy to suggest stock libraries. If you’d like me to search for photographs for you, I can provide a separate estimate for that.
CHANGES AND REVISIONS
This contract is a fixed-price, however, sometimes things change throughout the scope of a project. If you would like to change your mind or add anything new, great! All additional fees will be confirmed at that point in writing prior to doing the work. The Client must assume that all additions, alterations, changes in content, layout or process changes requested, will alter the time and cost.
I will notify the client prior to the purchase of any additional items, but the client shall reimburse the Designer for all expenses arising from this assignment, including but not limited to Stock Photography, Artwork, and or material needed for the project.
I am not liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised me of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
You guarantee that all elements of text, graphics, photos, designs, trademarks, or other artwork you provide are either owned by you, or that you have proper permission to use them. Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You will own the visual elements that I create for this project. I will give you source files and finished files and you should keep them somewhere safe as I'm not legally required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.
I’ll own the unique combination of these elements that constitutes a complete design and I’ll license that you, exclusively and in perpetuity for this project only, unless we agree otherwise. This basically just means that you can't take the design I made for you and sell it to Nike, but otherwise won't impact you.
I reserve the right, with your permission, to display and link to your project as part of my portfolio and to write about it on websites, in magazine articles, and in books.
In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Designer, and a cancellation fee for work completed, and expenses already incurred, shall be paid by the Client. Cancellation fee is based on the hours submitted, if the project is on an hourly basis or a percentage based on the time estimate for the entire job. A 100% cancellation fee is due once the project has been finished, whether delivered to the client or not. If the project is on an hourly basis and the project is canceled by the client, the client agrees to pay no less than 100% of the hours already billed for the project at the time of cancellation.
Remainder of fee payable not more than 30 days after receipt of finished product and invoice
Interest accrued if payment is more than 30 days late is 5% of outstanding amount to be added every 7 days, starting from 31st day after receipt of finished product.
DEFAULT IN PAYMENT
The Client shall assume responsibility for cost outlays by designer in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.
ACCEPTANCE OF TERMS
You cannot transfer this contract to anyone else without my permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. The Designer as sender and the client as recipient will acknowledge acceptance of these terms either through an e-mail noting acceptance or acceptance is acknowledged at the beginning of any work on said project. Electronic signatures shall be considered legal and binding.
CLIENT: Kimberly Nissen
PROJECT: Brand Design Package
GOAL COMPLETION DATE: 9/21/17
PROJECT PRICE ESTIMATE: $1500
The project will start once the contract has been received by the designer and the first invoice has been paid. Keep a signed copy of this contract for your records.