The following contract is an offer from Mallory Rock ( herein known as “Rock Solid Book Design”) to the client (herein known as “Client”). The contract is for Rock Solid Book Design to provide creative design services (herein known as “Work”) as requested by the Client.
1. Furnished Materials: The Client unconditionally guarantees that any element of text or graphics furnished to Rock Solid Book Design for inclusion in Work does not infringe on any copyright or trademarks that have been already established by another company or organization. The Client will hold harmless and protect Rock Solid Book Design from any claim or suit arising from the use of such as furnished by the Client. Rock Solid Book Design makes every effort to produce original Work. If, however, we create artwork for you which accidentally infringes on any existing trademarked artwork, the liability of Rock Solid Book Design is limited only to a refund of the paid amount. Rock Solid Book Design will do no research checking on the legal availability of the name or title for which we are creating Work. It is the Client’s responsibility to ensure that the name of their product, company or service is not already in use, and it is the Client’s sole responsibility to secure a trademark to protect the rights to any name or image. Rock Solid Book Design will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name, book title, or image.
2. Work: Rock Solid Book Design retains the right to display the artwork in their portfolios and marketing materials. Rock Solid Book Design often includes the search for, and purchase of stock images to be used in the creation of the Client’s Work. In such case, unless otherwise arranged, all stock images are used under royalty-free license of Rock Solid Book Design. As such, the Client has legal rights to use the stock images only within the scope of the purchased Work, and all original copyright is retained by the photographer or licensing agency. Exclusive, rights-managed photography is available upon request, but will incur additional fees. All concepts furnished to the Client are for Client review and comment purposes only. The final Work is licensed to the Client, having unlimited, indefinite and unrestricted use of the design in its final finished state. Copyright for artwork is retained by Rock Solid Book Design and the Client has unrestricted, royalty-free use of the finished final Work. Full copyright can be obtained by the Client for an additional fee. Unless otherwise arranged in writing, Rock Solid Book Design retains full ownership of all draft materials and concepts not used in the final Work.
3. Payment, Scheduling and Final Files: The agreed upon fee for Work is to be paid in full by the Client by the invoices specified due date (One business day before the scheduled Work start date). Payment for Work made on a payment schedule must be paid in full before Work will begin. If payment is not made by the due date, Work will be moved to the next available open slot in Rock Solid Book Design’s schedule and incur an additional fee. Schedule changes must be made 3 weeks in advance, to be done without incurring an additional fee. Payment should be made as a secure PayPal payment through the generated invoice, unless otherwise agreed upon and arranged between the Client and Rock Solid Book Design. Final Work files will be delivered within the agreed upon time window discussed between the Client and Rock Solid Book Design.
4. Work Credit: The Client must identify Rock Solid Book Design as the creator of Work. In all variations of Work (eBook/Digital, Print and Audio derivatives), the Client must have written credit of Rock Solid Book Design as follows: “Cover design by Mallory Rock of Rock Solid Book Design ( www.RockSolidBookDesign.com)”. The Client is not required to provide named credit with post of Work on social media, but it is encouraged and appreciated.
5. Stock Photo Licensing: If use of the Work exceeds 500,000 impressions (as per Depositphoto’s & Shutterstock’s Licensing Agreements), the Client will contact Rock Solid Book Design regarding the purchase of the Extended Licensing needed to continue use of Work. The Client agrees to pay all necessary Extended Licensing fees.
6. Rounds of Revision: The fee for Work in the case of the Basic design option allows for only 1 round of revisions. The fee for Work in the case of the Premium design option allows for no more than 3 rounds of revisions. Any requested revisions beyond these limits may either be denied by Rock Solid Book Design or completed for the Client at an additional fee.
7. Governing Law. This Agreement will be governed by the laws of Colorado, in the country of the United States of America.
This contract offer may be accepted and be enforced upon the signature of the Client (electronic signature is acceptable).