Any ownership rights not exclusively transferred are reserved to Aloe and Birch, LLC. Usage beyond the medium of use as defined herein may require additional configurations inclusive of payment of a mutually agreed-upon additional fee subject to all terms. Any transfer of rights is conditional upon receipt of full payment.
Disclosures/Terms:
1.) Aloe and Birch, LLC reserves the right to charge a Double-time RUSH fee if the Client asks to have a project finished ahead of Aloe and Birch, LLC’s other design commitments. This will be based on Aloe and Birch, LLC’s current hourly rate of $150 per hour.
2.) Proofing Responsibility: The Client is responsible for final proofing of text and/or graphics with a written, faxed or email approval of design and content. An approval must be received from the Client to Aloe and Birch, LLC before artwork will be setup for the Printing House of the Client’s choice or uploaded to the web hosting site. Additional fees based on Aloe and Birch, LLC’s hourly rate can be charged as a result of changes to final approved artwork.
3.) Aloe and Birch, LLC can recommend preferred Printing Houses to the Client. Aloe and Birch, LLC is not responsible for work completed by the Printing House. In all cases, the Client is responsible for contact with the Printing House and proofing in the final production of artwork unless the Client signs a color approved proof and relinquishes proofing responsibility to Aloe and Birch, LLC. Aloe and Birch, LLC/Printer shall not be held accountable for decisions made on color/printing if Client does this.
4.) Billing: Aloe and Birch, LLC will send the Client two (2) invoices; One for 50% of the project estimate and one invoice for the remaining amount accrued at the end of the project. Aloe and Birch, LLC will not start work on a project until they have agreed to the estimate/agreement and payment of the first invoice. In the case of multiple projects on the same contract, if the Projected Completion Date is passed, Aloe and Birch, LLC will assess what work has been completed and bill the Client accordingly. Work will continue to be done on remaining projects with a written addendum to set a new end date.
All deposits are non-refundable. Any work $500.00 and under will be charged in full upfront. Payment is non-refundable. All Sales Final.
5.) The Client acknowledges and agrees that Aloe and Birch, LLC retains ownership of all original artwork (with the exception of the content and the logo artwork), in any media, including digital files, whether preliminary or final. Aloe and Birch, LLC grants to Client the limited right to use of Aloe and Birch, LLC’s artwork created pursuant to this Agreement subject to the limitations set forth in this Agreement. If the Client uses Aloe and Birch, LLC’s artwork delivered hereunder in materials or in manners other than the original project the artwork was created for, Client agrees that such use constitutes infringement of the copyright of Aloe and Birch, LLC’s artwork held by Aloe and Birch, LLC. For avoidance of doubt, the term “artwork” as used herein means the graphic design or the look and feel of the collateral. Artwork does not include the content of the collateral or the logo used therein. If Client wishes to use Aloe and Birch, LLC’s artwork (other than the logo) in a manner other than the original project, such use will be subject to a separate agreement with Aloe and Birch, LLC, and will require separate compensation. By way of example, should Client wish to reprint the original project, as in the case of an illustration, Aloe and Birch, LLC will expect to be compensated if the print run has exceeded the original numbers of prints granted by Aloe and Birch, LLC pursuant to this Agreement.
6.) In the case of logo design, Aloe and Birch, LLC will grant the client all rights to the finalized and accepted logo once payment is confirmed, including ownership of the copyright in the accepted design, and will execute such assignment documents for the registration of the copyright as may be reasonably required by Client. Aloe and Birch, LLC shall retain the perpetual right to display the logo and any related Aloe and Birch, LLC artwork in Aloe and Birch, LLC’s portfolio, on Aloe and Birch, LLC’s website, and or in advertising materials.
7.) If project issues arise between Client and Aloe and Birch, LLC and no compromise can be made, all arbitration and proceedings will be submitted to legal proceedings in Aloe and Birch, LLC’s current local county.
8.) Copy-protect, derivative uses, Usage rights and Reproduction usage: Aloe and Birch, LLC requests first right of refusal to make revisions or alterations on the artwork (other than logo artwork) and first option to compile artwork in materials beyond first usage. derivative uses of Aloe and Birch, LLC’s artwork are not allowed unless Aloe and Birch, LLC gives written permission or is compensated for alterations or adjustments to existing artwork. Artwork must be approved by Aloe and Birch, LLC for derivative use. The Client is responsible for copy protecting its logo from duplication or alteration. Exclusive usage is granted per rights on page 2. In the case of artwork buy-out, all
rights are granted to the Client with Aloe and Birch, LLC retaining the right to showcase the artwork for the studio’s promotional means in print and on the internet. Aloe and Birch, LLC will only grant rights of usage or license after receiving full payment.
9.) Additional Requests for Design Work: The Client understands that there may be an additional cost to create high resolution artwork that is considered ready for print. The Client will receive a separate estimate that will be listed as an addendum to the original signed contract. Any information, specific to that artwork will be listed on the addendum (i.e. cancellation fee for that specific item) but the Client will still be held to the stipulations agreed upon via this signed contract.
10.) Illustration Credits: Aloe and Birch, LLC requires that all published illustrations should be accompanied by a line crediting the artist by name, unless otherwise agreed to in writing.
11.) Cancelled Project: In the event the Client decides to cancel the project, any artwork created will be the property of the artist and the Client will be expected to pay a cancellation fee for work done based on the line items completed and expenses incurred as indicated under estimated expenses and any addendum attached to this contract.
12.) Independent Contractors: We utilize independent contractors for marketing/content writing/social media services. All contractors work through Aloe and Birch, LLC and services are provided for your benefit. Proofing is your responsibility and Aloe and Birch, LLC will not be held responsible for any issues that may arise due to insufficient proofing on Client’s part.
13.) Final payment due to client upon completion of agreed terms. Website launch is not required for final payment. Website launch will be based on client’s own timeline. For example, if webwork has been completed, but client sets a future launch date, payment is due for work completed.