Client: Ashley Sanchez
Primary Contact: __________________
Project: Ashley Sanchez Photography - Brand Design
Designer: Enma Pineda
Date of Project: September 22, 2015 to October
Project Deadline: October 5, 2015
Invoice #: 0001
Payment type: PayPal
Designer, Enma Pineda, will create designs for the look-and-feel, layout and functionality of your project. This includes:
Brand Style Guide and Inspiration Boarda
One Logo Design (EPS, JPG & PNG files provided)
One Alternative Logo Design
One Submark Logo Design
Custom Color Palette and Patterns
Three Collateral Items of Your Choice
This contract includes all of the above plus the opportunity for Client to make up to two rounds of revisions. In case the Clientis not happy with the designs at that stage, he/she will pay in full for all of the work that has been produced until that point and may either cancel this contract or continue to commission Designer to make further design revisions at the rate set out in the original estimate of $50 per revision.
The schedule is as follows, and is written in Milestones.
Milestone #1: Client Homework
To make sure I am creating exactly what you want, I ask that you create a private Pinterest Board that is editable by both you and myself. The Pinterest board will be used as a "dream board" and you will include photos, colors, patterns, etc. Anything that you would like your new brand to match. You can mix, match, or even make up to three Pinterest boards for three different feels.
Begin Date: 9/22/15
End Date: 9/26/15
Payment Due: $65
Milestone #2: Brand Style Guide
I create an brand style guide that will exhibit the feel of what your new brand or project will be. This is where we decide the colors, patters, and most importantly, the personality of your new brand. You get two(2) revisions of the inspiration board.
Begin Date: 9/27/15
End Date: 10/01/15
Payment Due: $65
Milestone #3: Polish Board & Logo Concepts
Once we decide on the final brand board, I polish it up and give you one final revision. The final revision is intended to be for any changes in minor details. Once the inspiration board is revised and approved by you, I begin creating logo concepts. Since I know the logo is one of the most important parts of your business or personal brand, I will create various logos (up to three) for you to choose from. We will discuss which one works best for you, and narrow it down to one. You will have the opportunity to revise up to two times.
Begin Date: 10/2/15
End Date: 10/6/15
Payment Due: $65
Milestone #4: Extra Brand Pieces
In addition to the logo, the brand style guide includes two (2) submarks, and a watermark. You are only allowed one revision to these extra logos.
Begin Date: 10/7/15
End Date: 10/11/15
Payment Due: $65
Milestone #5: Collateral Designs
To put the final touches on your new brand, I create a couple of print and collateral designs for your new brand. You get up to three (3) designs, which includes: a social media card, a thank you card, and a business card.
Begin Date: 10/12/15
End Date: 10/16/15
Payment Due: $65
Milestone #6: Finishing Touches
As our branding journey is coming to an end, you will receive all of your final design files in color, black and white, and in several sizes and formats. *Please note that payments must be received for all milestones before any final files can be released to you.
Project Completion: 10/17/15
Payment for Release of Files: $75
Date: 9/22/15 Payment: $65
Date: 9/27/15 Payment: $65
Date: 10/2/15 Payment: $65
Date: 10/7/15 Payment: $65
Date: 10/12/15 Payment: $65
Date: 10/17/15 Payment: $75
Total: $400. Split into 6 payments. All payments MUST be made BEFORE the milestone is begun.
Please note: This is a tentative schedule. Begin and end dates depend completely on the participation of the Client, Ashley Sanchez, and depends completely on the timely payments of the Client.
Extra Changes or Revisions: $50 a change. No limits.
What is considered a complete change or revision that is chargeable:
A complete new color design, apart from the three provided
New submark, and watermarks
Font Changes in logos
You can change these without being charged:
All invoices are payable within 14 business days of receipt. The grant of any license or right of copyright is conditioned on receipt of full payment.
2. Default in payment
The Client shall assume responsibility for cost outlays by designer in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.
The Client must assume that all additions, alterations, changes in content, layout or process changes requested by the customer, will alter the time and cost. The Client shall offer the Designer the first opportunity to make any changes.
The Client shall reimburse the Designer for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment, and shall advance the Designer for payment of said expenses, including but not limited to Stock Photography, Artwork, and or material needed for the project.
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, and expenses already incurred, shall be paid by the Client. Cancellation fee is based on the milestones stated above. A 100% cancellation fee is due once the project has been finished, whether delivered to the client or not. Client is entitled to cancel at any time, but 50% of the remaining milestone payments must be paid for as a flat rate cancellation fee.
6. Credit Lines
Designer reserves the right to display and link to completed project as part of his portfolio and to write about the project on web sites, in magazine articles and books.
The Client shall indemnify the Designer against all claims and expenses, including attorney’s fees, due to the uses for which no release was requested in writing or for uses that exceed authority granted by a release.
Modifications of the terms of this contract must be written and authorized by both parties, involving the implementation of a new version of the contract as a whole following standard procedures of documentation and approval.
9. Uniform commercial code
The above terms incorporate Article 2 of the Uniform Commercial Code.
10. Code of fair practice
The Client and the Designer agree to comply with the provisions of the Code of Fair Practice (which is in the Ethical Standards section of chapter 1, Professional Relationships).
11. Code of fair practice
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, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned form 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 such use infringes on the rights of others.
12. Limitation of liability
Client agrees that it shall not hold the Designer or his/her agents or employees liable for any incidental or consequential damages that arise from the Designer’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused intentional or negligent acts or omissions of the Designer or Client, any client representatives or employees, or a third party.
13. Dispute Resolution
Any disputes in excess of maximum limit for small-claims court arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The client shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favor of the Designer. All actions, whether brought by client or by designer will be filed in the designer's state/county of business/residence.
This contract is held accountable to the legal system of Florida and any applicable statutes held therein.
15. 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. The Designer as sender and the 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 or scanned signatures shall be considered legal and binding.
Client cannot transfer this contract to anyone else without Designer's permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Name: Enma Pineda