A finance charge of 5% per month will be applied to overdue balances. A charge of $25 per item will be charged for checks returned by the bank.

In order to provide a rewarding working experience for both Client and Designer, Designer seeks to maintain a professional relationship with the Client. Designer and Client agree to:

The client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, the client observes any nonconformance with the design plan, the Designer must be promptly notified, allowing for necessary corrections. Cancellation or Rejection by Client must be made upon 10 days written notice to Designer. Rejection of the completed project or cancellation during its execution will result in forfeiture of the deposit and billing for all additional labor or expenses incurred prior to the date of cancellation, at the standard rate of $XXX per hour.

All elements created by the Designer for the project must then be returned to the Designer within 30 days of cancellation. All materials supplied by the Client will be returned in their original condition within 30 days of cancellation. Any usage by the Client of design elements created by the Designer after cancellation of the project will result in appropriate legal action. Client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment, enforce the terms and or protect Designer’s Intellectual Property under this contract.

Designer reserves the right to cancel this contract at any time upon 10 days written notice for any reason, including but not limited to: clients failure to provide materials or payment within 30 days of the agreed upon deadlines or failure of client to comply with the terms of this agreement including the terms of the Professional Relationship clause. Upon Designer’s cancellation of the contract, Designer will return all unused funds and deposits to the Client and return all materials to the Client within 30 days of cancellation.

Modification of the Agreement must be written, except that the invoice may include, and the Client shall pay, any fees or expenses that were orally authorized by the Client in order to progress promptly with the work. Oral agreements and other communications will be confirmed in writing, including electronically, and thereby incorporated into this agreement.

The Designer retains ownership of all original artwork, whether preliminary or final. No use of same shall be made, nor any ideas obtained therefrom used, except upon compensation to be determined by the Designer. The client shall return such artwork within thirty (30) days of use. In the case of logo work, the client shall retain ownership of artwork once the invoice has been paid in full and can use said logo in all of their materials, including materials created by other designers. Said artwork, however, may not be modified for any use without the express consent of the Designer.

The Designer retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, and marketing materials. Where applicable the client will be given any necessary credit for usage of the project elements.

The client assumes full reproduction rights upon payment for completed project. The work may be reproduced as is by the client at any given time. Any revisions to the work prior to reproduction must be negotiated between the Designer and the client.

AA’s represent work performed in addition to the original concept and specifications. Such work includes, but is not limited to: inclusion of material in project in addition to material originally discussed; additional design concepts or revisions of project beyond the number allotted in the project scope section of this contract; significant color/paper/quantity changes beyond what was originally discussed.

Such additional work shall be charged at a rate of $XXX per hour plus any additional expenses incurred by the extra work (including rush shipping and/or printing charges), and will be supported with documentation upon request.

No additional payment shall be made for minor changes required to conform to the original assignment description as noted in the creative brief, including spelling and grammatical errors.

The terms of this paragraph do not apply to the agreed upon alterations, modifications, or edits listed in the Deliverables TimeFrame.

The Designer shall not be held responsible for delays in production caused by Author’s Alterations.

Proofs will be sent to Client via e-mailed PDF unless otherwise noted in the Project Scope section of this contract. Client will be responsible for carefully reviewing said proofs and offering feedback in a timely and constructive manner. Delays in receipt of appropriate feedback by Client will result in delay of project deliverables. A reasonable variation in color between color proofs and the completed job shall constitute acceptable delivery. The Designer cannot be held responsible for errors under any or all of the following conditions: if the Client has failed to return proofs with indication of changes; if the Client has failed to approve proofs in writing via e-mail or signed Approval Form; if the Client has instructed the Designer to proceed without submission of proofs.

The estimated completion date of the project is to be determined. Any shipping or insurance costs will be assumed by the client. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client. Any delay in the completion of the project due to failure of client to meet the deadlines set forth in this contract for receipt of materials to begin work on the project, proof revisions/approvals, etc. will delay the completion/delivery date. The Client will allow a reasonable time for printing and shipping of final project (generally 2–3 weeks). The Client will be responsible for any “rush charges” assessed by the printer and/or shipping company due to failure of client to meet the deadlines set forth in this contract for receipt of materials, proof revisions/approvals, etc.

In addition, unusual transportation delays, unforeseen illness, or external forces beyond the control of the Designer, shall entitle the Designer to extend the completion/delivery date, upon notifying the client, by the time equivalent to the period of such delay.

The Client shall indemnify the Designer against all claims and expenses, including reasonable attorneys’ fees, due to uses of design or art work, for which no release was requested in writing or for uses that exceed authority granted by a release. The Client further indemnifies the Designer against any liability, clients, or rights of any third party arising out of this contract, including reasonable attorney’s fees and expenses. Client is liable for any costs, including attorney’s fees, incurred by Designer in enforcing this agreement and any of its terms.

Any revisions to the work prior to reproduction must be negotiated between the Designer and the client.

The Client agrees that it shall not hold the Designer or his/her agents or employees liable for any incidental or consequential damages which may arise from the Designer’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 the Designer or a third party.

The Designer warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, that consent to use has been obtained on an unlimited basis; the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Designer has full authority to make this agreement; and that the work prepared by the Designer does not contain any scandalous, libelous, or unlawful matter.

This warranty does not extend to any uses that the Client or others may make of the Designer’s product that may infringe on the rights of others. Client expressly agrees that it will hold the Designer harmless for all liability caused by the Client’s use of the Designer’s product to the extent that such use may infringe on the rights of others.