Terms of Agreement
All Jobs with Revelle Design, Inc. are subject to the following terms (unless otherwise noted on the Order Form). By accepting the Order Form, you agree to these terms. Revelle Design, Inc. is herein known as “Artist” and Client as noted on each Order Form is herein known as “Client”:
- Reservation of Rights: All rights not expressly granted on the Order Form are retained by the Artist, including any electronic rights or usage, and including, but not limited to, all rights in sketches, comps or other preliminary materials. Any use additional to that expressly granted above requires arrangement for payment of a separate fee.
- Revisions: Revisions may be made only by the Artist at the sketch stage. Artist reserves the right to a fee at Artist’s current hourly rate to be charged for revisions made after 3 (three) comps, and for revisions reflecting a new direction to the assignment, or new conceptual input.
- Cancellation and Kill Fees: Cancellation (“kill”) fees are due based on the amount of work completed. Fifty percent (50%) of the final fee is due within 30 days of notification that for any reason the job is canceled or postponed before the final stage. One hundred percent (100%) of the total fee is due despite cancellation or postponement of the job if the art has been completed. If cancellation or kill occurs before art is complete, all rights to the art revert to the Artist and all original art must be returned, including sketches, comps, or other preliminary materials. If the art has been completed upon cancellation or kill, client may retain finished product per agreement.
- Credits and Copies: The Artist and any other creators may receive a credit line with any editorial usage. Client agrees to provide Artist with two (2) sample copies of any printed material.
- Payment: One-half (1/2) of fee for Rights Granted is due upon acceptance of the Order Form. One-half (1/2) plus expenses is due upon acceptance of finished work, net thirty (30) days. The Client’s right to use the work is conditioned upon receipt of payment within thirty days of acceptance, and upon Client’s compliance with the terms of this agreement. A two percent (2%) monthly service charge will be billed against late payment. All checks or money orders made payable to: Revelle Design, Inc.
- Original Art: Original art remains the property of the Artist unless expressed differently in the Order Form. Client is responsible for return of original art in undamaged condition within thirty (30) days of first reproduction.
- Exclusivity: Only the client can use the art for the agreed-upon purpose for the time specified. The Artist cannot resell the art to any other person or concern within the same medium, category of use, or type of product forever.
- Additional Expenses: If Client does not provide a courier/shipping number applicable shipping charges may be added to the final invoice. Client will be invoiced any printing costs related to Job(s). Client will be invoiced for any images purchased for the sole purpose of use within Job(s). Artist will submit cost of additional expenses to client for written or verbal approval before proceeding with purchase. Client will be invoiced any printing costs related to Job(s). In the event of errors on print projects attributable to Artist or printer, Artist will take full responsibility for and order a reprint at no cost to Client. Errors present on the approved final comp are not the responsibility of Artist.
- Permissions and Releases: The Client agrees to indemnify and hold the Artist harmless 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 privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.
- Miscellany: This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding of the parties. Only an instrument in writing signed by both parties, except that the Client may orally authorize expenses or revisions, can modify its terms. No terms attached to any check for payment under this Agreement can modify the Agreement except under an independent instrument in writing signed by both parties. Any dispute regarding this agreement shall be arbitrated in St. Augustine, Florida under the rules of the American Arbitration Association and the laws of Florida. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Agreement shall be governed by the laws of the State of Florida and courts of such state shall have exclusive jurisdiction and venue.