Design Agreement

By paying the mandatory 50% deposit at the beginning of any project you are agreeing to the following terms:

Vendor Responsibilities

1. Vendor is an independent contractor of Client, and shall not be considered to be an agent, employee, partner, distributor, or representative of Client.

2. Work is performed as a “Work for hire”, owned in full by Client. Client may provide credit of work outputs to vendor at their own discretion.

3. Vendor may use work as part of their portfolio (websites, social media or other) for the purpose of demonstrating past work produced.

4. Vendor agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Vendor before this Agreement is signed or afterward.

5. Vendor warrants that all output resulting from the Work is original and does not contain any third party’s proprietary rights.

6. Vendor will cooperate with Client in editing and otherwise reviewing the Work prior to completion and launch.

7. Vendor is responsible for the payment of all federal, state, and/or local taxes with respect to the services performed for the client as an independent contractor. The Client will not treat Vendor as an employee for any purpose.

Client Responsibilities

8. Client will provide Vendor with a clear and concise brief. The brief should include inspiration images, as well as a relatively detailed description including any information that may be of importance or significance to the overall design process.

9. Client will provide any and all proprietary resources necessary for Vendor to complete the Work, including but not limited to:

a. Continued contact with employees if The Client
b. Source materials to be referred to or incorporated in the Work.
c. Direction necessary to complete the Work to Client’s satisfaction.

10. Upon acceptance of the Work, Client accepts responsibility for any further processes in which this work is used (e.g. film outpost, printing, etc.) Vendor is not responsible for errors occurring in this work or projects related to this work after acceptance of the Work by the Client.

11. Client will not disclose any information or imagery of unreleased or unfinished work.

General Notes

12. Client and Vendor will respond to one another’s queries regarding the Work in a timely fashion.

13. This is a Work For Hire agreement, and does not create or imply a condition of employment. Both Vendor and Client are bound by law.

14. If any part of this agreement is found to be unlawful or unenforceable, the remainder of the agreement remains in full force.

15. Both parties understand that Client or Vendor may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Cancellation must be in writing. Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Vendor. Should Client cancel the project following its completion, Client is responsible for full payment as per the agreed upon estimate plus all expenses incurred. In the event of cancellation, Vendor retains ownership of all copyrights and original work created.

16. Work will be kept by Vendor for 6 months after collection to allow for any further orders. After this period, files will be deleted.

17. In the event of any equipment failure in which Vendor is unable to provide work, the client will be refunded any payments made.

18. Any extra work that was not part of the original agreement must be agreed upon and will come at an extra cost of $40 per hour of additional work.