Designer/Client Relationships

The following terms & conditions are according to the AIGA Standard

Services

The Designer agrees to provide all the services outlined in the attached estimate/proposal within the criteria specified. If, however, the client changes any of the criteria during the project requiring additional services, a revision fee will be charged. Additional services will include, but are not limited to, changes in the extent of work, changes in schedule, changes in the complexity of any elements of the project, and any changes made after client approval has been given for a specific stage of the project according to the agreed-upon schedule, including concept, design, composition, and production of mechanicals. The Designer will keep the Client informed of additional services that are required and obtain the Client’s approval for any services that cause the total fees to exceed those outlined in the attached estimate/proposal.

Schedules/Overtime/Rush Work

The Designer reserves the right to adjust the schedule and/or charge additionally in the event that the Client fails to meet the agreed-upon deadlines for delivery of information, materials, approvals, payments, and for changes and additions to the services outlined in the estimate/proposal.

Client Approval

The Client will approve and proofread all final designs and type before the production of mechanicals. The Client’s approval of all tangible materials and artwork will be assumed after the work has been submitted to the client for review, unless the client indicates otherwise in writing.

Rights/Ownership

All tangible materials in all circumstances remain the property of the Designer. All rights and ownership apply to preliminary concepts, works in progress, and finished material, whether the project is completed or canceled. The Client will be entitled to limited and specific usage rights of such materials only for the purpose of reproduction, after which all materials will be returned, unaltered, to the Designer within thirty days of use. Upon payment of all fees and expenses, the Designer will grant all reproduction and/ or usage rights, as outlined in the attached estimate/proposal, for all approved final materials created by the Designer for this project. If the Client wishes to make any additional use of the materials, the Client agrees to seek permission from the Designer and make such payments as are approved by the parties at that time. Where alterations or retakes are necessary, the Designer will be given the opportunity to make such changes at an agreed additional charge.

Electronic Files

If the Client has requirements for how the project is to be prepared electronically, the Client must communicate this to the Designer before the project begins. Electronic files and software documents related to the Client’s project are the property of the Designer and must not be copied, altered, or modified without the written permission of the Designer.

Reimbursable Expenses

Any budget figures or estimates for reimbursable expenses or implementation charges, such as out-of-pocket expenses, typesetting, printing, fabrication, or installation, are for planning purposes only. The Designer will use his or her best efforts to work within stated budgets but will not be liable if these expenses exceed budgets. When possible, no expenses in excess of the budget will be incurred without the Client’s written or initialed approval in advance. The Client will reimburse the Designer for all out-of-pocket expenses incurred by the Designer on this project. These expenses are listed in the attached estimate/proposal and will be billed at cost plus any surcharge indicated in the attached estimate/proposal for account handling and supervision. Upon the Client’s request at the start of the project, records for out-of-pocket expenses will be retained by the Designer and will be made available to the Client upon completion of the project.

Credit

The Designer will have the right to include a published credit line on the completed designs or any visual representation. This same credit will be included in any publication of the design by the Client.

Samples

The Client will provide the Designer with samples of each printed or manufactured design. These samples will represent the highest quality of work produced.

Payment Schedule

Upon approval of this document, the Client will make all payment installments, as scheduled and outlined in our estimate/proposal. The Client will pay interest on all overdue amounts not exceeding the maximum amount allowed by law.

Third-Party Contracts

The Designer may contract with other individuals or companies acting on behalf of the Client to provide additional services such as writing, photography, illustration, printing, and fabrication. The Client agrees to be bound by any terms and conditions, including required credits and usage rights, with respect to reproduction of the materials that may be imposed on the Designer by these third parties.

Cancellation

In the event of cancellation of this assignment, a cancellation fee will be paid by the Client and will include full payment for all work completed, expenses incurred, and hours expended. The cancellation fee will be based on the prices outlined in the estimate/proposal. Any initial payments that have been received will be credited against any amounts due.

Miscellaneous

This document and the attached estimate/proposal represent the entire agreement between the Client and the Designer and may be changed or modified only in writing and with the approval of both parties. The Client and the Designer represent that they have full power and authority to enter into this agreement and that it is binding upon the Client and Designer and enforceable in accordance with its terms. This Agreement will be governed by the law of the state in which the Designer’s principal place of business is located.