1) Reservation of Rights: All works may be used in designer’s print and/or digital portfolio.
2) Revisions: Up to 5 free revisions are included with each original design.
3) Cancellation and Kill Fees: Cancellation (“kill”) fees are due based on the amount of work completed. Fifty percent (50%) of the final fee is due within seven days of notification that for any reason the job is cancelled or postponed before the final stage. One hundred percent (100%) of the total fee is due despite cancellation or postponement of the job if the art has been completed. Upon cancellation or kill all rights to the art revert to the Designer and all originals must be returned, including sketches, comps, or other preliminary materials.
4) Credits and Copies: A credit line is not required, but is requested for original web design and print publications.
5) Payment: Payment is due upon project acceptance. The Client’s right to use the work is conditioned upon receipt of payment within seven days of acceptance, and upon Client’s compliance with the terms of this agreement. A ten percent (10%) monthly service charge will be billed against late payment. Payment via company check is to be made out to Graphic Design by Emily or Emily Genevish. Payment via PayPal is to be made out to [email protected]
6) Additional Expenses: Any stock images purchased (Any images used are subject to client’s approval first) are not included with this fee schedule and are billed additionally at cost.
7) Permissions and Releases: The Client agrees to indemnify and hold the Designer harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release. Designer is not responsible for fees/costs incurred from typographical errors; The client is responsible once the proof is approved.
8) Miscellany: This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding of the parties- Its terms can only be modified by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally. No terms attached to any check for payment under this Agreement can modify the Agreement except under an independent instrument in writing signed by both parties. The laws of Beaufort County, SC shall govern this Agreement and courts of such county shall have exclusive jurisdiction and venue.