1. Cover Page

Icy Worlds Design - Elinor Skinner/Elaya Ice | Branding and Design Service Contract
Client | Date

2. Table of Contents

3) Usage and Licensing

4) Copyright and Liability

5) Communiation

6) Project Summary

7) Fees and Billing

8) Out-Of-Scope

9) Privacy and Sharing

10) Force Majeure

11) Personal Term and Conditions

3. USAGE AND LICENCING

Title to all designs is maintained by Elinor Skinner/Elaya Ice until final payment is received. After full payment, exclusive use of all customized design & assets created in this agreement is transferred to Client’s Name. Usage is limited to web and printed materials but doesn’t include the right to modify or re-sell copy, articles or photographs. I also retain all rights to any elements of deliverables that are part of my own process and aren’t specifically designed and/or created for you, including, but not limited to: tools, methodologies, know-how, data or objects, and documentation associated with the project. However, on final payment I grant you a perpetual, irrevocable, limited, non-exclusive, non-transferable, worldwide license, without the right to grant sub-licenses, to use in connection with the work or products created under this agreement.

4. COPYRIGHT AND LIABILITY

I guarantee, to the best of my integrity, knowledge and belief, that the work I create will not violate the copyright of any other party. Should judgment arise after project completion, I’m not liable for similarities. You guarantee that (a) you own all right, title, and interest in, or otherwise have full right and authority to permit the use of any content provided by you for incorporation into my work product, (b) to the best of your knowledge, your content does not infringe the rights of any third party, and use of your content (as well as any trademarks) in connection with this project does not and will not violate the rights of any third parties, and (c) you will comply with the terms and conditions of any licensing agreements which govern the use of third party materials incorporated into my work product (with your consent). You agree to be responsible for and hold me harmless with this understanding.

5. COMMUNICATION

Communication will take place throughout the entire project timeline with updates and bouncing ideas. Revision Meetings will be Key via Talk/Video Chat and Presentation of Materials with Feedback be documented either via Recording and/or Word Document. I will let you know if anything is causing delays or priority shifts in the project.

I will ________________ (use Discord DMs / invite Clients into a dedicated Discord Server / track status updates on Trello board /Email / etc) to facilitate communications. I will typically respond quickly but may also take up to __________ (ex: one week), which is usually in order to provide a better, more concrete, update.

Clients agree to provide all required information, and any references, art and assets to better communicate their Brand Vision within the Research Phase that will bring clarity to the project and before Work starts and during the Revision process, or it can affect the timeline.

(Optional additions: Clients agree to remain respectful and agree that communication channels I provide are for business and professional use only. Client and Artist will not for any reason digress from business discussion for the majority/duration of the project.)

Communication Resources:

For Consultation and Official Revision Meetings via Video Chat, Discord preferred open to Google Meet, or Skype.

Additional Communication is Available via Email

Business Phone is Non-Applicable

6. PROJECT SUMMARY (Deliverables/Steps)

Project/time specific per client.

7. FEES AND BILLING

Project/time specific per client.

Date/Amount - Phase 1 Upfront Deposit (Non-Refundable) - Consultation Fee

Date/Amount - MidPoint of Completion - Initial Draft Created the First Half of Payment is Due

Date/Amount - Final Phase/Deliverables: Once Final Deliverables are Approved and Final Half Payment is Received the Client Shall Receive their Deliverables

**IF there are additional and/or further Revisions or Deliverables that are Not Part of the Initial Agreement It will Be Charged Separately and Accordingly for the Work

TERMINATION

Upfront payment is not refundable if the project is dissolved during Phase 1 - Consultation. If we dissolve the project after that, I’ll bill for the completed hours up through that date. Payment is due within 14 days. I have the right to put the project on hold and charge interest if payments are past due. Interest charge is 15%

8. OUT-OF-SCOPE

Prior to commencing any work or additional services that are beyond the scope of this agreement, Elinor Skinner/Elaya Ice will submit an estimate for the work/service to you, all parties will discuss it, and your written permission will be required before proceeding.

As any new ideas, even if it makes sense for the project will be considered an additional deliverable and/or revision and will be charged separately and in addition to main deliverables in the original contract.

If the budget does not allow the expense the additional idea/revision/deliverable will not be produced.

9. PRIVACY AND SHARING

You grant me permission to publish any article, copy or work online or in print for purposes of self-promotion.

10. FORCE MAJEURE

Designer is not in breach of this agreement if she is unable to complete the services or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, death, illness or incapacity of Designer or any local, state, federal, national, or international law, governmental order or regulation or any other event beyond Designer’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, I will give notice to you of my inability to perform or delay my completion services and will propose revisions to the schedule for completion of the services.

11. PERSONAL TERMS AND CONDITIONS

Pricing does not include photography licensing fees, which can vary from a one-time purchase to a yearly rental system. I will notify you of these fees ahead of time so we can find other options if your budget requires it.

Dates specified in this agreement are guaranteed until DATE. After that day, the offer still stands, but I reserve the ability to revise project due dates in case my schedule has shifted.

By moving forward with the project you agree to project terms, budget and to pay by invoice due date.

Client Signature:

Client: _____________

Designer Signature:

Designer: Elinor Skinner/Elaya Ice