This is a document for Skylar Aum and Ruth Longwell.
You, [Skylar Aum] (“Client” or “You”) asked me, [Ruth Longwell] (“Designer” or “I”) to design something for you. This following is the agreement for this project.
I, Ruth Longwell, will design a logo for the business Masterpiece Games. The final design on which you have decided to use for your logo will be given to you through email or Facebook and will include one JPEG file, one PNG transparent file and a PDF file of the logo.
I promise that, except for anything that you gave me to incorporate into the design(s): (a) my work will be original and will not be copied in whole or in part from any other work; (b) I own the rights that I am giving you under this Agreement, or I have secured such rights to any third-party content incorporated into my final design(s); and (c) my work does not violate the patent, copyright, trade secret or other property right of any person, firm or entity. I promise that this Agreement does not conflict with any other contract, agreement or understanding to which I am a party. Finally, I promise that I’ll hold and maintain in strict confidence any confidential information that you provide me (such as proprietary technical or business information), and I will not disclose such information to any third party except as may be required by a court or governmental authority.
Pay My Work.
You promise to pay me the total sum (“Fee”) of $ (U.S. Dollars) upon sending the finished logo. Payment will be made using [PAYPAL]. If you ask me to use any third-party content (such as stock photos) in the design(s), you promise to pay me the actual cost of licensing that third-party content for use in the design(s). You agree that until you pay me in full, you will not acquire the rights or license to use or transfer ownership of any design(s) that I create for you under this Agreement.
Rights Before You Pay Me In Full.
You understand and agree that until you pay me in full, I own full rights to each and every original design I create for you under this Agreement. If you don’t pay me in full, you agree that I can complete, exhibit, use and sell the design(s) at my sole and absolute discretion. You also agree that I own all of the concepts created before you select the final design(s).
Rights After You Pay Me In Full.
I understand and agree that after you pay me in full, you will own rights (as defined in this Agreement) to the final design(s) that you approve and I create for you. You understand and agree that I own all of the concepts/preliminary designs created before you select the final design(s), except for elements in those concepts that are incorporated into the final design(s) that I deliver to you. You will receive rights for the final design(s) only. You agree that I will retain the right to use the final design(s) and all preliminary designs in design competitions, publications on design, educational purposes and in marketing my design business. You will be solely responsible to make sure that the design(s) I create for you will be available for use in commerce and protectable under trademark law.
No Right To Make Changes.
You agree that you may not make any changes or additions to the design(s) I create for you under this Agreement, without my express written permission. [You may however, change the size of the design(s) if you need to make it smaller or larger for printing or display purposes.]
Rights For Logo Designs.
If the work I am doing for you includes the design of a logo, I give you the full rights to use the logo design I create in any and all media without restrictions of any kind. Additionally, I agree that after you pay me in full, I will cooperate with you and execute any additional documents reasonably requested by you to evidence such assignment of rights.
Rights For Designs Other Than Logos.
For any non-logo design(s) that I create for you, I give you the following rights: If you want to purchase a right that’s not listed in this paragraph, you and I will need to negotiate a separate license for such additional rights, and you’ll pay me a separate fee.
This Agreement constitutes the complete and exclusive agreement between you and I concerning the work on this project, and it supersedes all other prior agreements, proposals, and representations,whether stated orally or in writing. We can modify this agreement in writing, if both you and I sign that modification.
I Am An Independent Contractor.
You agree that I am an independent contractor and not your employee. Although you will provide general direction to me, I will determine, in my sole discretion, the manner and ways in which I will create the design(s) for you. The work that I create for you under this Agreement will not be deemed a “work-for-hire”, as that term is defined under U.S. Copyright Law. Whatever rights I grant you are contained in this Agreement. By signing this agreement, you and I agree: (a) to all of the terms and conditions of this Agreement and (b) that we have the full authority to enter into this Agreement. The Agreement is effective as of the most recent date that appears below.