DESIGN TERMS from Elise Elswood
Payment is due before any time is spent working on project, unless authorized by Elise Elswood to pay at a different time. All quotes are given in advance and once payment is received work shall commence. Client understands that he/she is paying for time spent on design services and not for a finished product. Payments are non-refundable and are not based on the outcome of the piece or whether it ends up being used by client.
2. Default in Payment
The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
3. Client's Alterations
There shall be no charges to the Client for revisions or corrections or additions made necessary by errors on the part of Elise Elswood. Any other changes requested by the Client shall be considered Client's Alterations if they are requested after the acceptance of the Design. Any changes and additions not due to the fault of Elise Elswood and requested by the Client before the approval of one of the Designs are not considered Client's Alterations. The Client shall be responsible for making additional payments at the rate noted herein for any Client's Alterations and any other changes in original assignment requested by the Client. However, no additional payment shall be made for changes required to conform to the original assignment description. The Client shall offer Elise Elswood the first opportunity to make any changes.
Once Elise Elswood sends over proof of final design, acceptance of design must be supplied in writing- email is fine. Once acceptance by the Client is given, any errors or design flaws contained therein are not the responsibility of Elise Elswood.
5. CancellationRegardless of when the project is cancelled, all billable expenses, such as time already incurred by Elise Elswood, shall be paid by the Client in full. Elise will refund any deposit that hasn’t been incurred yet. In the event of cancellation, Elise Elswood retains ownership of all copyrights and any original artwork.
6. Ownership and Return of Artwork
The Client acknowledges and agrees that Elise Elswood retains ownership of all original artwork – excluding a finalized logo, in any media, including digital files, whether preliminary or final. The Client waives the right to challenge the validity of Elise Elswood’s ownership of the art subject to this agreement because of any change or evolution of the laws. Elise will supply all logo creation the source files for said logo, but all other piece source files are retained in the ownership of Elise Elswood. Elise Elswood may work out an alternate agreement regarding the licensing of artwork to Client. If such an agreement is made, Client agrees to pay for the time involved in sending files to Client.
7. Copy Protection
The Client must protect all final art which is the subject of this agreement against duplication and alteration. Client also understands that any stock photography provided to the artwork will by default be the standard licensing agreement of various stock photo agencies. Such agreements typically limit the quantity of pieces to be printed. If more than 100,000 copies of any piece is intended to be made, Client must notify Elise Elswood and pay the extended licensing fee for the stock photo.
The Client shall indemnify Elise Elswood against all claims and expenses, including reasonable attorney's fees, due to Client's uses for which no release was requested in writing from Elise Elswood or for Client's uses which exceed authority granted by a release by Elise Elswood.
9. Modifications of the Agreement
Modifications of the Agreement must be written, except that the invoice may include, and the Client shall pay, fees or expenses that were orally authorized by the Client in order to progress promptly with the work.
10. Limitation of Liability
Client agrees that it shall not hold Elise Elswood liable for any incidental or consequential damages which arise from Elise Elswood's failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Elise Elswood or a third party. Furthermore, Elise Elswood disclaims all implied warranties, including the warranty of merchantability and fitness for a particular use.
11. Dispute Resolution
Any disputes in excess of one thousand (1000) US dollars arising out of this Agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator's award shall be final, and judgement may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney's fees, and legal interest on any award of judgement in favor of Elise Elswood.
12. Printing Disclaimer
Client acknowledges that any printer Elise Elswood recommends is independent from Elise Elswood. CYMK full color process is not exact and therefore for each printing, fluctuations in color can and sometimes do occur. Once Elise Elswood is given approval to send a piece to the printer, any errors that were overlooked shall rest on the responsibility of the Client. If the Client has an issue with any printer Elise Elswood sends artwork to, it is the responsibility of the Client and the printer to resolve such errors and Client will hold Elise Elswood harmless if any printing errors occur.