This agreement (”the Agreement”) is made between Wedding Filmmaker Pro (”the Client”) and GettyMade LLC (”The Contractor”)(collectively, the “Parties”).
- The Client requests the Contractor to perform services for it and is of the opinion that the Contractor has the necessary qualifications, experience, and abilities to provide these services.
- The Contractor is willing and able to provide such services to the Client on the terms and conditions set out in this Agreement.
- The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect until terminated as provided by this Agreement.
- Definition of Relationship
- The Contract is an independent contractor of the Client, not an employee or agent. This Agreement does not create a partnership or joint venture between Parties.
- The Contractor is not entitled to, or required to make contributions to, worker’s compensation, retirement, insurance, or any other employee benefits provided by the Client.
- The Contractor is responsible for paying, and complying with reporting requirements for, all taxes on payments made to the Contractor under this Agreement.
- The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.
- The Contractor will have full control over working time, methods, and decision making related to providing the Services in accordance with this Agreement.
- The Contractor is responsible for providing all necessary equipment and software required to perform their duties.
- The Contractor is not authorized to purchase any assets, including but not limited to fonts, photography, or stock graphics without prior written consent from the Client. Any assets purchased with consent will be included in the final invoice.
- Services Provided
- The Client hereby agrees to engage the Contractor to provide the Client with the following services (the “Services”):
- Design Services: Logo Design
- Discovery: Brand Alignment Survey with 30 minute virtual discussion.
- Revisions: Two major revisions, with unlimited minor tweaks
- Deliverables: Ready to use assets in a variety of print and web file formats (.jpg, .png, .pdf, and .eps). Source files will also be provided (.ai).
- The Contractor hereby agrees to provide such Services to the Client.
- The Contractor agrees to provide the final deliverables by April 15th.
- The Client acknowledges that any potential delays in communication and decisions from the Client will impact the overall timeline, and will not hold the Contractor accountable for delays or missed deadlines in this case.
- If, during the course of the Agreement, the deadline requirements of the Client change, a written amendment to this Agreement must be signed by both Parties for the changes to be enforced.
- The Contractor will charge the Client a fixed fee of $695.
- Payment Schedule
- The Contractor will invoice the Client for 50% of the total fee upon initiating the Agreement. Payment must be received before Services will commence.
- The Contractor will invoice the Client for the remaining balance upon completion of the Services. Full payment must be received before final deliverables will be released. Once final payment is received, the Contractor will deliver all agreed upon assets within 3 business days.
- Confidential information (the “Confidential Information”) refers to any information relating to the Client which would be considered to be private or proprietary to the Client, not generally known, and where the release of such information could be expected to cause harm to the Client.
- The Contractor agrees not to publish, disclose, or otherwise reveal any Confidential Information which the Contractor has obtained during this agreement, except when authorized by the Client or as required by law. The obligations of confidentiality will apply during the Term and will continue indefinitely upon termination of this Agreement.
- Intellectual Property & Usage
- All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations, or applications for registration, and rights in any patent, copyright, trademark, and trade name (the “Intellectual Property”) that is developed or produced under this Agreement, is a “work made for hire” and will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.
- The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. The Contractor will be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property.
- The Contractor may share or display the Intellectual Property for promotional purposes, publicly or privately.
- This Agreement will be governed by and construed in accordance with the laws of the State of Colorado.
- To the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party from and against all damages, liabilities, losses, costs, and expenses that occur in connection with this Agreement. This indemnification will survive the termination of this Agreement.
- In the event that any provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will continue to be valid and enforceable.
- The waiver by either Party of a breach, default, delay, or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same other provisions.
- Any amendment or modification of this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
- All updates, approvals, decisions, notices, requests, and demands required or permitted by the Terms of this Agreement will be given in writing and electronically delivered to the email addresses provided by the Parties in this Agreement.
- The Agreement Terms survive until final payment is received by the Contractor and final deliverables are received by the Client.
- Either party can terminate the Agreement at any time if the other party violates the terms of the Agreement. However, both Parties commit to making a reasonable effort to amicably resolve any disputes first.
- If the Contractor terminates the Agreement without cause or violates the terms of the Agreement resulting in termination, the Contractor must refund the Client in full and provide all source files for ongoing work. The rights of the work will be transferred in full to the Client.
- If the Client terminates the Agreement without cause or violates the terms of the Agreement resulting in termination, the down payment is non-refundable. The Contractor is not required to provide access to ongoing work, and the work’s rights remain with The Contractor.
- This Agreement comprises the entire understanding of the Parties hereto on the subject matter herein contained, and supersedes and merges all prior and contemporaneous agreements, understandings and discussions between the Parties relating to the subject matter of this Agreement.
- By their execution below, the Parties agree to all of the terms and conditions of this Agreement effective as of the last date of signature below, and each signatory represents that it consents to signing this document electronically and has the full authority to enter into this Agreement and to bind their respective Party to this Agreement.