Design Agreement and Terms

This Graphic Design Agreement (the “Agreement”) is entered into{{contractCreationDate}} (the “Effective Date”), by and between {{clientFullName}}, with an address of {{clientAddress}} (the “Client”) and {{myOrganizationName}}, with an address of {{myOrganizationAddress}}, (the “Designer”), individually referred to as the “the Party” and collectively “the Parties.”

Project Description.

Client wishes to hire The Creativity Bar to provide Graphic Design services. The specific documents requested and the requirements and details required in those documents as requested by The Client


The Parties agree to the following schedule:
Preliminary Design Due Date: within the Turnaround quoted during check out
Client Approval Comment Due Date: within 7days from submission of Preliminary Design
Final Design Due Date: 48 hours of Client Approval and Revisions

The Client must approve all materials before project finalization. the Client shall be entitled to 3 revisions. Any revisions beyond 3 shall be chargeable at a rate of $25 .

Payment.


During the course of this Agreement, it may be necessary for the client to share proprietary information, including trade secrets, industry knowledge, and other confidential information, with The Creativity Bar in order for The Creativity Bar to complete the Graphic Design services and Deliverables in their final form. The Creativity Bar will not share any of this proprietary information at any time. The Creativity Bar also will not use any of this proprietary information for The Creativity Bar’s personal benefit at any time. This section remains in full force and effect even after termination of the Agreement by its natural termination or early termination by either party.

Termination.

This Agreement shall automatically terminate upon {{clientFullName}}’s acceptance of the Deliverables. This Agreement may otherwise be terminated at any time by either Party upon written notice to the other party. {{clientFullName}} will be responsible for all costs and expenses incurred prior to the date of termination. Upon termination, {{myOrganizationName}} shall return all {{clientFullName}} content, materials, and all copies of Deliverables to {{clientFullName}} at its earliest convenience, but in no event beyond thirty (30) days after the date of termination.

Ownership Rights.

{{clientFullName}} continues to own any and all proprietary information it shares with {{myOrganizationName}} during the term of this Agreement for the purposes of the Agreement. {{myOrganizationName}} has no rights to this proprietary information and may not use it except to complete the Graphic Design services. Upon completion of the Agreement, {{clientFullName}} will own the final Graphic Design Deliverables.

While {{myOrganizationName}} will customize {{clientFullName}}’s Graphic Design Deliverables to {{clientFullName}}’s specifications, {{clientFullName}} recognizes that Graphic Designs generally can have a common structure and basis. {{myOrganizationName}} continues to own any and all template designs it may have created prior to this Agreement. {{myOrganizationName}} will further own any template designs it may create as a result of this Agreement.

Representations and Warranties.

Designer. {{myOrganizationName}} represents and warrants that {{myOrganizationName}} has the right to enter into and perform this Agreement. {{myOrganizationName}} further represents and warrants that {{myOrganizationName}} has the right to utilize and distribute the designs created for {{clientFullName}} and that such designs are not owned by anyone else to {{myOrganizationName}}'s knowledge. In the event that {{myOrganizationName}} does not have these rights, {{myOrganizationName}} will reimburse {{clientFullName}} for any associated damages {{clientFullName}} may experience or will take responsibility for such damages so that {{clientFullName}} does not experience any damages.

Client. {{clientFullName}} represents and warrants that {{clientFullName}} has the rights to use any proprietary information, including, but not limited to trade secrets, trademarks, logos, copyrights, images, data, figures, content, and the like that it may provide to {{myOrganizationName}} to be included in this Website. In the event that {{clientFullName}} does not have these rights, {{clientFullName}} will reimburse {{myOrganizationName}} for any associated damages {{myOrganizationName}} may experience or will take responsibility for such damages so that {{myOrganizationName}} does not experience any damages.

Disclaimer of Warranties.

{{myOrganizationName}} shall complete Graphic Design services for {{clientFullName}}’s purposes and to {{clientFullName}}’s specifications. {{myOrganizationName}} DOES NOT REPRESENT OR WARRANT THAT SUCH DELIVERABLES WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. {{myOrganizationName}} HAS NO RESPONSIBILITY TO {{clientFullName}} IF THE DELIVERABLES DO NOT LEAD TO {{clientFullName}}’S DESIRED RESULT(S).

Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT, LOST BUSINESS, OR COSTS OF DELAY.

Severability.

In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable.

Legal Fees.

In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.

Legal and Binding Agreement.

This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Agreement.

Governing Law and Jurisdiction.

The Parties agree that this Agreement shall be governed by the State and/or Country in which both Parties do business. In the event that the Parties do business in different States and/or Countries, this Agreement shall be governed by North Carolina law.

Entire Agreement.

The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.