This AGREEMENT is dated and in effect as of the date of payment, between the person(s) submitting payment, hereafter referred to as "the Client" and Monochromedia, hereafter referred to as "the Consultant." This agreement is with respect to the design or re-design of any material for the Client, hereafter referred to as the "the Work." This Agreement shall remain in effect until the completion of the Work or Termination as outlined below.
The Client and the Consultant are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor the Consultant has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other. The parties hereto agree as follows:
RESERVATION OF RIGHTS:All rights not expressly granted hereunder are reserved to the Consultant, including but not limited to all rights in sketches, compositions, or other preliminary materials.
PERMISSIONS AND RELEASES:The Client agrees to indemnify and hold harmless the Consultant against any and all claims, 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 previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
PUBLICATION:The Client may publish or disclose information regarding the Work and shall acknowledge the support of the Consultant in all such publications. The Client will not use the name of the Consultant in any publications if the Consultant instructs the Client not to do so. The Client may not, under any circumstances, claim the work to be designed by any person(s) other than the Consultant.
ASSIGNMENT OF WORK:The Consultant reserves the right to enlist other individuals or organizations, for any or no charge, to contribute to the completion of the Work. If any portion of the Work is completed by individuals or organizations other than the Consultant for the Client, as requested by the Consultant, it will be held to the terms of this Agreement.
COPYRIGHT OF WORK:The Work is copyrighted under the Consultant's name. Upon completion of the Work, the copyright may only be released to the Client upon the Consultant's signing of a Release of Copyright.
COPYRIGHT OF LOGO:If the Work contains a single image, intended to identify the business, group, company, corporation, organization or operation represented by the Client, and hereafter referred to as "the Logo," the copyright of the Logo shall be transferred to the Client after the Work is completed as stated by the Consultant. The Logo must be identified by the Consultant as such.
The Consultant reserves the right to use the Logo in any design competitions, marketing materials, future publications on design, and for educational or portfolio purposes. The logo shall be held to the same terms as the Work with regard to the aforementioned Publication section of this Agreement.
INITIAL DEPOSIT:Money to be paid before the Work begins, hereafter referred to as "the Initial Deposit," must be paid in full to initiate the Work with the Consultant. Once the payment is received by the Consultant, the Work will be will be initiated and held to the terms outlined in this Agreement, including the conditions of Termination expressed below.
If the Initial Deposit is paid and the Client terminates this Agreement, in writing or otherwise, the Consultant shall be held under no obligation to refund the Initial Deposit or continue the Work. If this Agreement is terminated in a written statement by the Consultant prior to the completion of any portion of the Work, the Initial Deposit will be refunded to the Client. If any portion of the Work has been completed at the time of the Consultant's termination, regardless of whether or not the Work has been transferred to the Client, the Consultant is under no obligation to refund the Initial Deposit.
TERMINATION:In the event that any portion of the Work remains to be completed at the date of the first or subsequent payments, either party may terminate this Agreement by giving fifteen (15) days written notice to the other of such termination. In the event that the Work is postponed or terminated at the request of the Client, the Consultant shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement.
If additional payment is due, this shall be payable within thirty (30) days of the Client's written notification to stop the Work. In the event of termination, the Client shall also pay any expenses incurred by the Consultant and the Consultant shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
REFUNDS:THE WORK IS RELEASED "AS-IS," IN ITS FINAL VERSION, AND UNDER NO CIRCUMSTANCES WILL THE CONSULTANT BE OBLIGATED TO ALTER AND/OR REFUND THE WORK DELIVERED. If both the Client and the Consultant agree for the Work to be altered after its delivery, the Consultant reserves the right to charge additional fees for the alteration of the Work.
After the Work has been delivered to the Client by the Consultant, the Work is to be considered paid for unless otherwise governed by mutual agreement, and all interactions between the Client and the Consultant may be ceased at either party's discretion.
GOVERNING LAW:This Agreement shall be governed by and construed in accordance with the laws of Oklahoma applicable therein.
