1)RESERVATION OF RIGHTS: All rights not expressly granted above are retained by Brandastic, 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 arrangements for payment of a separate fee. Technically, all rights not specifically signed over remain with Brandasitc. However, the above clause backs up the assignment of rights and further protests the artist.
2)REVISIONS: Design requests will be limited to three (3) revisions per piece once digital art has been presented unless so designated or expressed in Project Scope. Additional fees will be charged for revisions reelecting new direction to assignment, or new conceptual input.
3)CANCELLATION AND KILL FEES: 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 work has been completed. Upon cancellation of kill all rights to the art revert to Brandastic and all original art must be returned, including sketches, comps, or other preliminary materials.
4)CREDITS AND COPIES: A credit line suitable to the design of the page will be used. Client agrees to pay and addition al fifty percent (50%) of the total fee, excluding expenses, for failure to include credit line. Credit line is required independent of Artist’s signature, which shall be included at Brandastic’s discretion unless otherwise agreed in writing above. Client agrees to provide Artist with ten (10) sample copies of any printed material.
5)PAYMENT: Payment for finished work at standard billing rate is due upon acceptance, net thirty (30) days. The Client’s right to use the work is conditioned upon receipt of payment within thirty days of acceptance, and upon Client’s compliance with the terms of this agreement. A one and one half percent (1.5%) monthly service charge will be billed against late payment. Prepayments are due upon acceptance, if prepayment discount ($150 per hour billing rate) is taken over the standard billing rate ($225 per hour).
6)ORIGINAL ART & MUSIC: Original art (digital graphics included) & music remains the property of Brandastic unless expressed in the agreement. Client is responsible for return of original art in undamaged condition within thirty (30) days of first reproduction.
7)ADDITIONAL EXPENSES: 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 Brandastic for the following expenses:
1. Reproduction Services: includes copying & printing. In-house prints will be billed at $6.00 per sheet for each client set and for a final in-0house review set. The client is welcome to contract directly with an outside reprographic firm for those services not provided in-house.
2. Commercial Delivery Services: Including Express Mail, Federal Express, UPS, and independent courier services.
3. Travel Expenses: Mileage to and from the job site will be billed at a rate of 53.5 cents per mile with no markup and travel time will be billed starting at $130 per hour, per man, one-way. Airfare will be billed at cost plus 15%.
4. Per Diem: Per diem for overnight stays will be billed at $127 per day, per man.
5. Reimbursements: Reimbursements items will be charged back plus a nominal charge may be added to the reimbursed item to cover administrative costs.
6. Consulting: 1 on 1 consulting time will be billed at $75.00 per hour.
8)PERMISIONS AND RELEASES: The Client agrees to indemnify and hold Brandasitc harmless against any and all clients, 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.
9)MISCELLANY: 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 the independent instrument in writing signed by bother parties. Arbitration: Any and all disputes between us related to our professional services on the above or any other past or future matter shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association in arbitration in Orange County, State of California, or in small claims court if the matter is within its jurisdiction. Both parties waive their right to trial by judge or jury and pretrial discovery.