Template Contract

This Graphic design service agreement (“Agreement”) is entered into on {{job.start | mediumDate}}, between Reverielane LLC (“Designer”), a Californian LLC company, having its principal place of business at 39935 Hudson Ct. Temecula, CA 92591 and {{client.name}} (“Client”), living at {{client.address | address}}. Designer and Client are collectively known as the “Parties.” 

PURPOSE OF THE AGREEMENT 

Client wishes to engage Designer to provide design services relating to Client’s design project as otherwise detailed herein. Designer has agreed to provide such services according to the terms set forth below. 

TERMS 

1. SERVICES, PRODUCTS AND LOCATIONS

1a.  PACKAGE

 Client chooses {{job.invoice.title}}

1b.  SERVICES (“Services”) 

Designer shall provide Client with: 

       {{job.invoice.items | packageItemNames}}

Timeline (“Timeline”)

1. Start Date: {{job.start | mediumDate}}
2. Potential completion of project by: {{job.end | mediumDate}}. This date is not a guarantee and is only an estimate that is due to change depending on the length of time to receive feedback, and the number of revisions required.

1c. DELIVERY

Designer will deliver all final files via a downloadable link.

2. COST, FEES & PAYMENT

2a. COST

The total cost of all Services Designer agrees to provide to Client is {{job.invoice | total}}

2b. FEES

1. NON-REFUNDABLE RETAINER FEE
   1. Designer’s retainer fee is FEE_AMOUNT
   2. Designer’s retainer fee is included in the total cost
   3. Designer’s retainer fee is non-refundable due to other projects/Clients Designer must turn down in order to complete services
   4. Designer shall reserve appropriate time to complete Client’s Services upon receipt of this signed Agreement and Client’s retainer fee
2. HOURLY FEE

1. This hourly rate is inclusive of Designer’s design and editing time, administrative fees, independent contractor costs. 
2. Client agrees to pay the hourly fee to Designer for any extra amount of design time Client requests, implicitly or explicitly. For example, any extra products Client requests after this Agreement is signed, or any extra time Designer spends on additional rounds of design or editing will be charged to Client at the hourly rate of $150.  
3. Designer will invoice Client for any outstanding balance as a result of the Client’s request for extra time before completion of additional work
4. PAYMENT. Client agrees to pay Designer according to the following schedule:  

1. Retainer Fee: FEE_AMOUNT due by DATE.
2. Payment 2 of 3 in the amount of AMOUNT by DATE.
3. Payment 3 of 3 in the amount of AMOUNT before delivery of final files.

3. INTELLECTUAL PROPERTY

3a. NONTRANSFERABLE, NONEXCLUSIVE, ROYALTY-FREE COMMERCIAL LICENSE
Designer grants to Client a nontransferable, nonexclusive, royalty-free license of designs produced with and for Client to display, print, or otherwise distribute, any and all designs in perpetuity unless otherwise stated.

3b. COPYRIGHT OWNERSHIP
Designer retains the ownership of the copyright in any and all designs pursuant to federal copyright law (Chapter 17, Sec on 201-02, of the United States Code.)

4. ARTISTIC RELEASE

4a. STYLE 

Client has spent a satisfactory amount of me reviewing Designer’s work and has a reasonable expectation that her designs will be produced in a similar manner and style.

4b. CONSISTENCY

Designer will use reasonable efforts to ensure Client’s designs are produced in a style and manner consistent with Designer’s current portfolio and Designer will try to incorporate any suggestions Client makes. However, Client understands and agrees that: 

1. Every client and business is different, with different tastes, budgets, and design needs;
2. Design is a subjective art and Designer is an artist with a unique vision, with an ever-evolving style and technique; 
3. Designer will use her personal artistic judgment to create designs for Client, which may not include strict adherence to Client’s suggestions;
4. Dissatisfaction with Designer’s aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

5. LIMIT OF LIABILITY

5a. MAXIMUM DAMAGES 

Client agrees that the maximum amount of damages he is entitled to in any claim of or relating to this Agreement or Services provided herein are not to exceed Designer’s Total Cost

5b. INDEMNIFICATION

Client agrees to indemnify, defend and hold harmless Designer and its employees, agents and independent contractors for any economic injury, damage, liability, claim or other cause of action arising out of or related to Services and/or products Designer provides to Client.

6. TERMINATION AND RESCHEDULING

Performance of Services by Designer may be terminated or rescheduled according to the following circumstances:

6a. TERMINATION OR RESCHEDULING OF SERVICES 

1. CLIENT DESIRES TO TERMINATE OR RESCHEDULE SERVICES. If the Client desires to terminate or reschedule Services of Designer for any reason at any time, then Client shall provide Notice to Designer as soon as possible.
2. Providing Notice will not relieve Client of any payment obligations.
3. Designer will not be obligated to refund any portion of monies Client has previously paid to Designer
4. Designer has no obligation to attempt to re-book further design services to fill the void created by Client’s termination or rescheduling

6b. DELAY IN COMMUNICATION FROM CLIENT

1. Feedback requests from the Designer, are expected to be responded to with feedback by the Client, within 5 business days.
2. If the client does not respond to feedback requests within 10 business days, the Designer reserves to right to postpone the remaining portion of the current services up to, but not exceeding, the duration of the communication delay, caused by the Client. 
3. If the client does not respond to feedback requests within 20 business days, the Designer reserves to right to reschedule the project to the next available opening of the Designer, and the Client agrees to pay a late fee of $300 to continue the services. Non-payment of the late fee forfeits client of any payments paid and due at and until that time, and the Designer is excused from any further performance obligations.

6c. CANCELLATION DUE TO IMPOSSIBILITY

1. FORCE MAJEURE. Either party may choose to be excused of any further performance obligations in the event of a disastrous or hazardous occurrence outside the control of either party.
2. NO-SHOWS. If it becomes impossible for Designer to render Services due to the fault of the Client or parties related to Client, such as failure of the Client to adhere to Designer’s timeline or failure of one or more essential parties to the design process to provide Designer with necessary information, it is within the Designer’s sole discretion to allow for any additional time or dates to render Services. In such an event, any outstanding amount will immediately become due and payable to Designer.
3. FAILURE TO PERFORM SERVICES. In the event Designer cannot or will not perform her obligations in any or all parts of this Agreement, she (or a responsible party) will:
   1. Immediately give Notice to Client;
   2. Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
   3. Excuse Client of further performance obligations in this Agreement.

7. GOVERNING LAW

The laws of California govern all matters arising under or relating to this Agreement, including torts.

8. NOTICE

Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and me which the Notice is sent:

1. EMAIL
   1. Designer’s Email: katell@reverielane.co
   2. Client’s Email: {{client.email}}
2. MAIL

1. Designer’s Address: 39935 Hudson Ct. Temecula CA 92591 United States
2. Client’s Address(es): {{client.address | address}}

9. SEVERABILITY

If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each party remain legal and enforceable.

10. MERGER

This Agreement constitutes the final, exclusive agreement between the parties on the matters contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

11. AMENDMENTS 

The parties may amend this Agreement only by the parties’ written agreement with proper Notice.