Entered into on (date).
Event is on (date) at (location).
Known as “Business Name”
Business Name(s): Email(s): Address: Phone(s):
and Known as “Client”
Full Name(s): Email(s): Address: Phone(s):
Collectively, all of the above people or businesses entering this Agreement will be referred to as the “Parties.”
PURPOSE OF THE AGREEMENT
Client wishes to hire Business Name to provide services relating to Client’s (event/project type) as detailed in this Agreement. Business Name has agreed to provide such services according to the terms of this Agreement.
Because of the nature of these items, unless they arrive damaged or defective, I cannot accept returns for custom or personalized orders.
Buyers are responsible for any shipping, customs and import taxes that may apply. I’m not responsible for delays due to customs.
Business Name shall provide Client with the following services and/or products (“Services”):
LOCATION AND DELIVERY OF SERVICES
Business Name shall deliver Services to Client at the following location(s):
Delivery of Services. Business Name will provide all Services by (date) unless otherwise specified in this Agreement. When the provided Services are tied to the number of guests that Client expects to attend Client’s wedding or other event, Client agrees to notify Business Name with an accurate guest count.
COST, FEES AND PAYMENT
The total cost ($) for all Services is due in full by (date). Client shall pay the Total Cost to Business Name as follows:
Retainer – 30% of quote $ ___________________
Remaining balance due $ ___________________
The first payment is a non-refundable retainer. At a minimum, Client agrees that the retainer fee fairly compensates Business Name for committing to provide the Services and turning down other potential projects/clients.
Client understands and agrees that he or she has hired Business Name exclusive of any other graphic design service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Business Name hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.
Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Business Name in accordance with this Agreement, Business Name owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Business Name and may be used in the reasonable course of Business Name’s business.
Permitted Uses of Product(s). Business Name grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Business Name with attribution each time Client uses Business Name’ property. Personal use includes, but is not limited to, use within the following contexts:
- In photos on Client’s personal social media pages or profiles; or
- In personal creations, such as a scrapbook or personal gift; or
- In personal communications, such as a family newsletter or email or holiday card.
Style. Client has spent a satisfactory amount of time reviewing Business Name work and has a reasonable expectation that Business Name will perform the Services in a similar manner and style unless otherwise specified in this Agreement.
Consistency. Business Name will use reasonable efforts to ensure Client’s desired Services are produced in a style and manner consistent with Business Name’s current portfolio and Business Name will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:
Every client and wedding is different, with different tastes, budgets, and needs;
Services are often a subjective art and Business Name has a unique vision, with an ever-evolving style and technique;
Business Name will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
- Although Business Name will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Business Name shall have final say regarding the aesthetic judgment and artistic quality of the Services;
- Dissatisfaction with Business Name’s aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
LIMIT OF LIABILITY
Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Business Name.
Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Business Name shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
Indemnification. Client agrees to indemnify, defend and hold harmless Business Name and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Business Name provides to Client.
CANCELLATION, RESCHEDULING AND NO-SHOWS
Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Business Name to render Services due to the fault of the Client or parties related to Client, such as failure of one or more essential parties to show up in a timely manner, Client shall provide notice to Business Name as soon as possible via the Notice provisions detailed in this Agreement. Ampersand Ink Designs has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Business Name to provide the Services due to the fault of Client (or parties related to Client), and Business Name will not be obligated to refund any monies Client has previously paid towards the Total Cost. Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for, or should it become impossible for Ampersand Ink Designs to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Business Name is able to secure another, unrelated client for , then Ampersand Ink Designs may choose, at its sole discretion, to excuse all (or a portion of) Client’s outstanding balance of the Total Cost.
Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:
- A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
- War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
- Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
Failure to Perform Services. In the event Ampersand Ink Designs cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
- Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
- Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
- Excuse Client of any further performance and/or payment obligations in this Agreement.
Governing Law. The laws of the United States and the state of California govern all matters arising out of or relating to this Agreement, including torts.
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:
Business Email: or Phone:
Client Email: or Phone:
Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the (event/project) and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.