This form has been created for general information purposes only. They do not constitute legal advice, advertising, solicitation or tax advice. The submission of this form and the information it contains is not intended to establish a customer relationship and its receipt does not constitute justification. You should not rely on this document or such information for any purpose without seeking the legal advice of a duly licensed attorney, including, but not limited to, reviewing and advising on the terms of this form, the appropriate approvals required in connection with the transactions provided for in this form, and any securities laws and other legal matters; which are considered in this form or in the operations provided for in this form. 11.2.Termination. This Agreement may be terminated at any time by either party with immediate effect upon receipt of the parties` notice or mutual consent or for cause if either party: Who needs it: companies or individuals that provide creative or design services, e.B. website design, graphic design, marketing or artistic services Each language [GREEN] highlighted must be completed by the user. Any language highlighted [YELLOW] will be considered optional or conditional by the bar community. Consult a lawyer before using this document. This document is not a substitute for legal advice or services.
For more information, please see our Terms of Use. 1.12. Trademarks means trade names, words, symbols, designs, logos or other devices or designs used in the Final Services to identify the origin or source of Customer`s goods or services. All of our templates are designed by lawyers (by lawyers who are familiar with small businesses and the issues they face), can be downloaded instantly into Word, include instructions in separate documents and instructions that will guide you in customizing the template and meaning of legal terms, and are written in easy-to-understand language with minimal jargon. 8.4. No exclusivity. The parties expressly acknowledge that this Agreement does not establish an exclusive relationship between the parties. The Client is free to engage others to provide services of the same or similar nature to those provided by the Agency, and the Agency is authorized to offer and provide design services to others, attract other clients and promote the services offered by the Agency.
6.1 This Agreement contains the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes and supersedes any prior written or oral agreements, understandings, negotiations, obligations or other obligations relating to such subject matter. Any modification, addition or waiver to any provision of this Agreement will only be effective if expressly stated in writing and signed by both parties. 1.1 The CONTRACTOR undertakes to provide services that result in the creation of one or more creative works (the “Work”) and that are remunerated in accordance with the schedule set out in Annex A (“Created Work, Remuneration”) set out in the Annex to this Agreement. Payment is due within fifteen (15) days of invoicing. THE CONTRACTOR undertakes to submit the invoice within fifteen (15) days of the completion of the work. (c) The Creator reserves the right to reproduce, publish and display the Product of the Work for his personal use in portfolios and websites, as well as in galleries, design magazines and other media or exhibitions solely for the purpose of recognizing creative excellence or professional development. 8. Miscellaneous. This Agreement is not assignable or transferable by the Creator without the prior written consent of the Company; any attempt to do so is invalid.
No breach or delay in the exercise by either party of any privilege, power or right under this Agreement shall be construed as a waiver thereof, and no single or partial exercise of any right or authority under this Agreement shall prevent the subsequent exercise of any other right under this Agreement. This Agreement shall be deemed to have been entered into and construed in accordance with the laws of the State of Missouri and the United States, without regard to its conflict of law provisions. Any legal action or proceeding relating to this Agreement shall be brought exclusively in the state courts located in St. Louis County, Missouri, or the federal courts located in St. Louis County, Missouri. Louis, Missouri, and each party agrees to jurisdiction. The prevailing party in any action to enforce this Agreement shall have the right to reimburse any costs and expenses, including but not limited to reasonable attorneys` fees. Waivers or modifications will only be effective if they are made in writing and signed by a representative of the respective parties who is authorized to bind the parties.
(a) The Creator and the Company intend this Agreement to be a contract for services, and both consider the products and results of the services provided by the Creator under this Agreement to be contractual work. Subject to payment of all fees due to the Creator in accordance with Section 2, the Creator acknowledges and agrees that the Company owns all rights to the Product of the Work [and reserves to the Creator only the “Wallet Rights” described in Section 3(c)]. This includes, but is not limited to, all copyright and other intellectual property rights; Rights of publication, distribution and exploitation of any kind and in all media, printed, electronic or otherwise; and (between the Company and the Creator) the rights to the object of the Work Product. 10.3.Approval of the Regulation. The indemnifying party may not enter into a settlement agreement without the written consent of the indemnified party. 1. Services. The Creator will provide the Services as described below and further defined in Appendix A (the “Services”).
All services are provided [exclusively by the Creator / exclusively by the Creator`s employees / exclusively by the Creator`s employees and the Creator`s independent contractors with whom the Creator has a written contract that transfers to the Creator all copyright and other proprietary rights in the Content and other works products created by such independent contractors in accordance with the written contract]. 1.4. Services means the services and work results specified in the Project Order to be delivered by the Agency to the Client in the form specified in the Project Order and the media specified in the Project Order. From the beginning, digital studios, large and small, relied on contracts, SOW and MSA that were not quite correct. Either they were based on agreements created for another industry, or on employed lawyers who didn`t quite understand the nuances of the job. Well, that`s changing now thanks to Gabe Levine of Groundwork Legal and Josh Barrett of CreateLegal. Together, they created the Bureau`s Standard Agreement for Digital Services. You can request your copy here. 8.1.
The Agency will provide the Services under the general direction of the Client, but the Agency will determine, in its sole discretion, the manner and means by which the Services are provided. This Agreement does not create a partnership or joint venture and neither party is authorized to act as an agent or bind the other party except as expressly provided in this Agreement. All rights, if any, granted to the Customer are of a contractual nature and are fully defined by the express written agreement of the parties and the various conditions of this Agreement. 1.6. Final Works means any Creative Content developed by or commissioned by the Agency, developed solely for the Project and incorporated into the Final Deliverables, including, but not limited to, all visual elements, graphic design, illustration, photography, animation, motion design, audiovisual works, 1. For a solo creative professional – shared by Jill Anderson, Marketing Mentor client at JillLynnDesign.com. Since creative work often involves multiple versions, time for reflection, and time for trial and error, it may be best to set up your hourly rate and use that number to estimate your project rate. For example, if your time is worth about $40 an hour and you think the project will take about ten hours, you can set the project price at $400. Your client doesn`t need to know how long it actually took to complete the project. 10.4.Limitation of Liability. In all circumstances, the maximum liability of the Agency, its directors, officers, employees, design agents and affiliates (“Design Parties”) to the Client for damages for any cause and the Client`s maximum remedy, regardless of the form of the act, whether in contract, tort or otherwise, shall be limited to the Agency`s net profits.
In no event shall the Agency be liable for any loss of data or content, loss of profits, business interruption or any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or in connection with the material or services provided by the Agency, even if the Agency has been advised of the possibility of such damages and notwithstanding the absence of a substantial purpose of limited remedy. (a) Either party may, without limiting its other remedies under law or equity, terminate this Agreement if the other party materially violates this Agreement and fails to remedy such breach within 30 days of receiving notice by registered mail to the addresses set forth in the party`s signature block below. . . .