All rights not expressly granted above are retained by the Designer, including any electronic rights or usage, and including, but not limited to, all rights in sketches, comps or other preliminary materials. Any use additional to that expressly granted above requires arrangement for payment of a separate fee. The client shall return preliminary or final artwork within 30 days unless otherwise stated.
Reservation of rights:
Please note the costs sent on the quote do not include any estimated costs for author’s alterations to approved layouts or copy, on mechanical art, or any changes to press proofs or printer’s blue prints, once mechanical art has been approved. Any changes made after initial approvals will be calculated and billed to the actual costs. It should also be noted that the above prices are based on normal vendor delivery scheduling (i.e. Concept/Design 10-14 business days, Art/Production 7-10 days). Accelerated schedules, when requested, normally incur additional costs and the authorization to proceed without estimated. Materials used and expenses incurred cannot be estimated until a layout has been approved and, therefore, are not included the above estimated figures. The client shall offer the Designer the first opportunity to make any changes during and after completion.
Cancellation (‘’kill’’) fees are due based on the amount of work completed. Fifty percent (50%) of the final fee is due within 30 days of notification that for any reason the job is canceled or postponed before the final stage. One hundred percent (100%) of the total fee is due despite cancellation or postponement of the job if the art has been completed. Upon cancellation or kill all rights to the art revert to the Designer and all original art must be returned, including sketches, comps, or other preliminary materials.
Cancellation and kill fees:
Original Art remains the property of the Designer unless expressed in the agreement. Client is responsible for return of original art in undamaged condition within thirty (30) days of first reproduction.
If Client does not provide a courier/shipping number in the space provided above, shipping charges will be added to the final invoice. Client agrees to reimburse Designer for all expenses arising from this project such as: messengers, Photography, Models, Props, Digital Illustration, Travel, Proofs, Transport Disks, Transparencies, Film Output.
Permissions and release:
The Client agrees to indemnify and hold the Designer harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.
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 by intentional or negligent acts or omissions of the Designer or a third party.
This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding of the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally. No terms attached to any check for payment under this Agreement can modify the Agreement except under an independent instrument in writing signed by both parties. Any dispute regarding this agreement shall be arbitrated in the State of New Jersey under the rules of the American Arbitration Association and the laws of New Jersey. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Agreement shall be governed by the laws of the State of New Jersey and courts of such state shall have exclusive jurisdiction and venue.