Graphic Artist
Guild Guidelines
Last Updated on May 22, 2019
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time for payment
• All invoices & payments are due immediately upon completion of project and before files are delivered. A 1.5% interest charge applied monthly on overdue balances.
default in payment
• Client shall assume responsibility for all collection of legal fees necessitated by default of payment.
expenses
• Client shall reimburse JENNIFER PHILLIPS for all expenses arising from this assignment, including payment of any applicable sales tax, and shall advance expenses to JENNIFER PHILLIPS for payment of said expenses according to payment schedule stated above.
changes
• The Client shall be responsible for making additional payments for changes requested by the Client in original assignment/scope of work and after the first round of revisions. However, no additional payment shall be made for changes required to conform to the original assignment description. The Client shall offer JENNIFER PHILLIPS the first opportunity to make any changes.
cancellation
• In the event of cancellation of this assignment by client, ownership of all copyrights and the original artwork shall be retained by JENNIFER PHILLIPS, and a cancellation fee for work completed, based on the contract price and expenses already incurred, shall be paid by Client. Client termination of project prior to completion results in payment by Client to JENNIFER PHILLIPS for all work completed and any expenses incurred. JENNIFER PHILLIPS retains ownership of all copyright, original artwork, comps and mechanicals.
ownership
• JENNIFER PHILLIPS retains ownership of all preliminary artwork including: concept designs, sketches and original concept ideas, and native files, unless a payment arrangement is made for the Client to obtain the preliminary artwork. JENNIFER PHILLIPS may use any of the final or preliminary artwork to show in her portfolio.
credit lines
• JENNIFER PHILLIPS and will receive a credit line where applicable.
releases
• Client shall indemnify JENNIFER PHILLIPS against all claims and expenses, including reasonable attorney’s fees, due to uses for which no release was requested in writing or for uses which exceed authority granted by a release.
modifications
• Modification of this agreement must be written, except that the invoice may include, and the Client will pay for fees or expenses that were orally authorized in order to progress promptly with the work.
code of fair practice
• The Client and JENNIFER PHILLIPS agree to comply with the provisions of the Code of Fair Practice, a copy of which may be obtained from the Joint Ethics Committee, P.O. Box 179, Grand Central Station, New York, New York, 10017.
warranty of originality
• JENNIFER PHILLIPS warrants and represents that, to the best of her knowledge, the work assigned here-under is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that JENNIFER PHILLIPS has full authority to make this agreement; and that the work prepared by JENNIFER PHILLIPS does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of JENNIFER PHILLIPS's product which may infringe on the rights of others. Client expressly agrees that it will hold JENNIFER PHILLIPS harmless for all liability caused by Client’s use of artwork/product to the extent such use infringes on the rights of others.
limitation of liability
• Client agrees that it shall not hold JENNIFER PHILLIPS or her agents or employees liable for any incidental or consequential damages which arise from JENNIFER PHILLIPS’s failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of JENNIFER PHILLIPS or a third party.
dispute resolution
• Any disputes in excess of the maximum limit for small claims court arising out of this Agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney’s fees, and legal interest on any award of judgment in favor of JENNIFER PHILLIPS.