LETTER OF AGREEMENT
This Agreement must be signed and returned before Southside Don Productions can schedule or begin this job.
COPYRIGHT USAGE: All rights to artwork completed for the CLIENT NAME identity/marketing are transferred to CLIENT NAME (“the client”) upon payment in full.
TERMS
1) RESERVATION OF RIGHTS: All rights not expressly granted above are retained by Southside Don Productions, 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. Rights to use artwork is limited to the
client and companies hired by the client for the purpose of producing the CLIENT NAME identity/marketing. Use by any other
parties requires express permission from Southside Don Productions. In addition, Artezen retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolio. Where applicable the client will be given any necessary credit for usage of the project elements. Any trade sensitive information, such as product pricing or customer data shall be redacted by the designer prior to use.
2) REVISIONS: Additional fees will be charged for revisions made after the quoted number of rounds, and for revisions
reflecting a new direction to the assignment, or new conceptual input. At such time, a change order will be submitted for
approval prior to any revisions being made.
3) 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. Upon cancellation or kill all rights to the art revert to Southside Don Productions and all original drafts must be returned, including b-roll, draft videos, or other preliminary materials.
4) PAYMENT: Payment for work is due on the following schedule: Minimum of 100% of project total to begin and the balance due upon completion of the project, invoice payable upon receipt. The Client’s right to use the work is conditioned upon receipt of payment, and upon the Client’s compliance with the terms of this agreement.
5) ADDITIONAL EXPENSES: Client agrees to reimburse Southside Don Productions for necessary expenses to complete the project not covered by the quote. Items such as, but not limited to: purchased stock photography or illustration above the quoted allowance, printed proofs from outside sources, shipping expenses (if no client shipping account number is provided).
6) PERMISSIONS AND RELEASES: The Client agrees to indemnify and hold Southside Don Productions 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 permission or release.
7) 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. Its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally. 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. 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 Illinois and courts of such state shall have exclusive jurisdiction and venue.