FEES:
In consideration for the graphics & design services provided by Creative Art Project, you agree to pay the sum of the agreed upon amount. You, also, agree to pay Creative Art Project a non-refundable initial payment totaling 50% (fifty percent) of the total agreed upon price of the graphics & design services upon signing this contract. The initial payment reserves the designers time and is not a retainer or deposit. Creative Art Project agrees to not advertise availability of this same time slot to any other potential clients once the 50% is paid. If you cancel this shoot for any reason, the initial payment will not be returned to you.
CANCELLATIONS & RESCHEDULING:
If you cancel this shoot for any reason, the initial payment will not be returned to you. If you need to reschedule, no additional fees will apply as long as rescheduling is requested within two weeks in advance. If you need to reschedule within two weeks of the initially agreed upon date, additional fees may apply. If rescheduling is needed due to weather, no additional fees will be applied.
WORK PRODUCTION:
Creative Art Project will deliver proofs of graphics & design to you in no more than thirty days (30 days) after the date of the contract. By completing this form, you are stating that you understand and agree that proofs are the exclusive property of the Creative Art Project until the fully agreed upon fee is made. Once the full agreed upon fee is paid, you have limited ownership of all photos delivered. Therein, Creative Art Project still has exclusive rights in using any graphics & design created for portfolio usage.
INDEMNIFICATIONS:
- If the assigned designer(s) are unable to perform the services in this contract due to any cause outside its control, client agree to indemnify the designer(s) for any loss damage or liability; however, the designer(s) will return in full all payments made by you to Creative Art Project in relation to the created work.
- You agree to indemnify and hold harmless Creative Art Project and the designer(s) for any liability, damage, or loss related to technological failure, including data loss.
- You understand and agree that the assigned designer(s) are not required to maintain copies of the created work from this shoot 3 (three) days after the created work has been delivered to you.
EXCLUSIVE DESIGNER(s)
You agree and understand that no other party other than the assigned designer(s) may take pictures of any creations, artwork situations, or setups made by the designer(s). This slows down the designer(s) work and violates the designer(s) right to create the desired work. You agree to take responsibility for insisting that no person(s) get in the way of the assigned designer(s) or create artwork in these situations.
CONTENT RELEASE
You grant permission to the assigned designer(s) and their assignee's, licenses, and sub-licensees, permission to use your image(s) or likeness in any and all forms of media for commercial purposes, advertising, trade, or any and all other uses. Therefore, the assigned designer(s) may use your likeness and image(s) on the Creative Art Project website or other advertising. The Designer(s) may sell artwork containing your likeness to third parties. If you desire to contest this clause, please state so in the closing field below.
COPYRIGHT
Title (possession) of and copyright to all products shall remain with the designer(s) until the client has paid in full. All artwork is copyrighted. The proofs (hereinafter collectively the “artwork”) created by the designer(s) and/or subcontractor(s) remain the property of the designer(s). It is illegal to copy, scan, reproduce, or post/ share online in forums or elsewhere without the written permission of the designer(s). Violators of this federal law will be subject to its civil and criminal penalties. Permission is hereby granted to the Designer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.
EXPENSES
Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Designer(s) and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.
CREATIVE LICENSE
Artwork is edited at the Designer(s) discretion, and delivered artwork(s) may not include all proofs created. The Designer(s) reserves the creative rights to edit and release only those images deemed credible as professional in quality and within the photographer’s artistic standards.
FORCE MAJEURE
If the Designer(s) or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Designer(s) shall return any moneys paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that artwork materials are damaged, lost through computer malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Designer(s).