This is a Contract Agreement for a Design Project.
Client: Mr. James Sadwith
Project: “COMING THROUGH THE RYE” Movie Poster & Logo
Designer: Kylee Tarasyuk
Invoice #: 0001
This contract is an offer by Designer to Client made on 02/03/14 for Designer to provide creative Work as requested by Client.
The Client as requested the designer to create one movie poster and one logo for the feature film "Coming Through The Rye". Work includes the final, deliverable art, and a preview of any preliminary work or sketches.
50% of the total fee is required before any services will be rendered, and the remaining 50% is payable once the final art of both the poster and logo is delivered and approved. A $50 service charge is payable on all overdue balances for reissuing each invoice at 30, 45, and 60 days from the date of original invoice. The grant of any license or right of copyright is conditioned on receipt of full payment.
After the third round of alterations are completed an additional fee of $25/Hr per hour will be charged to the client until the client is satisfied with the overall outcome. Designer shall provide the Client of a tally of hours within a reasonable period of time upon request. Final fees and expenses shall be shown when invoice is rendered.
4. Grant of Rights
Designer agrees to the perpetual license of the right to display and transmit Work to Client, excluding the right to authorship credit, modification, and resell, which is retained by Designer. Designer agrees that Work is produced with the intent it be unique and will not seek to resell or publish Work, except as noted below.
5. Designer’s Right to Authorship Credit
Designer may use Work in Designer’s portfolio (including, but not limited to, any website that displays Designer’s Works). Client does not have to display Designer’s name together with Work, unless being described with any editorial usage, but Client may not seek to mislead others thatWork was created by anyone other than Designer.
The fee for Work is refundable pending only upon Designer’s breach of contract. 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, shall be paid by the Client. If the project is on an hourly basis the and project is canceled by Client, Client agrees to pay no less than 100% of the hours already billed for the project at the time of cancellation plus a flat fee 50% of the remaining hours that were expected to be completed on the project, whichever is greater.
7. Limitation of Liability
Client agrees that Designer will not be liable for any incidental or consequential damages that arise from Designer’s performance of this commission (including, but not limited to, failure to perform in a timely manner, regardless of whether the failure was intentional or negligent.)
8. Dispute Settled by Arbitration, and Governing Law
Any dispute under or about this Agreement must be submitted to and resolved by arbitration through the arbitration services located at Internet URL http://www.judge.me. Parties will bear their own costs. Any court may enforce the arbitration award. This Agreement will be governed by the laws of Missouri, in the country of the United States of America.
9. Acceptance of terms
The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. Designer as sender and 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:Signature, on 02/03/14 (date)