TERMS AND CONDITIONS FOR SEAWORTHY MEDIA

Agreement between DESIGNER and business or individual identified on this LIEN – All materials or property belonging to the CLIENT, as well as work performed,
agreement. The client/individual listed below is subject to the following terms and may be retained as security until all just claims against the CLIENT are satisfied.
conditions.
RIGHTS OF OWNERSHIP – Once a project has been delivered by us and is fully paid for
GENERAL WORKING AGREEMENT – This document defines the terms and by CLIENT, DESIGNER will assign the reproduction rights of the design for the use(s)
conditions of our working relationship. All projects or services that DESIGNER may described in the proposal.
be contracted to produce or provide for CLIENT will be subject to the following:
According to the Copy right Law of 1976, the rights to all design and art work, including
WORKING/BILLING PHASES – Based on our experience with long-term design but not limited to photography and or illustration created by independent
communications projects, we have found that it is mutually advantageous to photographers or illustrators retained by DESIGNER, or purchased from a stock agency
handle each project in logical working/billing phases. on your behalf, remain with the individual designer, artist, photographer or illustrator.
Unless a purchase of “All Rights” (A Buyout) is negotiated with DESIGNER and/or his/her
We will begin work upon CLIENT’S down payment of a minimum of half the authorized representative, you may not use or reproduce the design or the images
invoiced total. Your approval(written or oral) will constitute an agreement between therein for a purpose other than the one(s) originally stipulated. If you wish to use the
us. design we have created and/or the images within it for another purpose or project,
including a reprint or exhibition, you must contact us to arrange the transfer of rights
PAYMENT/ESTIMATES – CLIENT agrees to pay DESIGNER in accordance with the and any additional fees before proceeding. If printing or other implementation is done
terms specified in each proposal/estimate. On accounts that have not submitted a through your vendors, you agree to return to us all our original mechanicals and artwork
credit application and been approved by our credit department, will be required to (slides, prints, drawings, separations, etc.) within two weeks, and to provide us with
pay 50% of the project cost before work can begin. printed samples of each project.

Unless otherwise specified, all subsequent balances due are payable upon art We reserve the right to photograph and/or distribute or publish for our firms
approval. We reserve the right to refuse completion or delivery of work until past promotional and marketing needs any work we create for you, including mock-ups and
due balances are paid. comprehensive presentations, as samples for our portfolio, firm news letter, brochures,
slide presentations and similar media. We agree to store mechanical boards and
OUT-OF-POCKET EXPENSES – Fees for professional services do not include outside computer disks for a period of 6 months beyond the delivery of a job. Thereupon, we
purchases such as, but not limited to, printing, photography, color printouts, reserve the right to discard them.
laminating, illustrations, separations, shipping and handling or courier service.
Expenses are itemized on each invoice. Expenses are subject to Maryland sales tax. TERM AND TERMINATION – The term of this agreement will continue for work in
progress until terminated by either of us upon seven (7) days written notice. If you
REVISIONS AND ALTERATIONS – New work requested by CLIENT and performed by should direct us at any time to cancel, terminate or “put on hold” any previously
DESIGNER after a proposal/estimate has been approved is considered a revision or authorized purchase, we will promptly do so, provided you hold us harmless for any cost
alteration. If the job changes to an extent that substantially alters the specifications incurred as a result.
described in the original estimate, we will submit a proposal revision memo to you,
and a revised additional fee must be agreed to by both parties before further work Upon termination of this agreement, DESIGNER will transfer to CLIENT all your property
proceeds. and materials in our control and for which you have paid. CLIENT will indemnify and hold
DESIGNER harmless for any loss or expense (including attorney’s fees), and agree to
Author’s alterations and other copy changes requested after layouts or defend DESIGNER in any actual suit, claim or action arising in any way from our working
mechanicals are completed are billed at hourly rate of $25 and work is rounded up relationship. This includes, but is not limited to assertations made against CLIENT and
to the next hour. any of its products and services arising from the publication of materials that we prepare
and you approve before publication.
NATURE OF COPY – CLIENT agrees to exercise due diligence in its direction to us
regarding preparation of materials and must be able to substantiate all claims and PRODUCTION SCHEDULES – Production schedules will be established and adhered to by
representations. You are responsible for all trademarks, service mark, copyright both CLIENT and the DESIGNER, provided that neither shall incur any liability, penalty or
and patent infringement clearances. You are also responsible for arranging, prior to additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor
publication, any necessary legal clearance of materials we prepare. trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by
suppliers or carriers, action of government or civil authority, and acts of God or other
ERRORS AND OMISSIONS – It is the CLIENT’S responsibility to check proofs causes beyond the control of the Client or the Designer. Where production schedules
carefully for accuracy in all respects, ranging from spelling to technical illustrations. are not adhered to by the Client, final delivery date or dates will be adjusted
DESIGNER is not liable for errors or omissions. Your signature or that of your accordingly.
authorized representative is required on all mechanicals or artwork prior to release
for printing or other ADDITIONAL PROVISIONS – The validity and enforceability of this agreement will be
implementation. interpreted in accordance with the laws of the State of Maryland applicable to
agreements entered into and performed in the State of Maryland. This agreement is our
TELECOMMUNICATIONS – CLIENT shall pay for all transmissions charges. The entire understanding and may not be modified in any respect except in an executed
DESIGNER is not responsible for any errors, omissions or extra costs resulting from agreement.
faults in the telephone, cable, satellite network or from incompatibility between
the sending and receiving equipment. If we must retain attorneys to collect our invoices, we will be entitled to reasonable
attorney’s fees, court costs, and interest at the maximum rate permitted by law.
PROMOTIONAL OBLIGATION--Seaworthy Media must be included on clients top
friends for the life of that page if done on MySpace, and page / product be live on
the bands site for at a minimum of 30 days.
Client Name, Signature, and Date:
TERMS AND CONDITIONS FOR SEAWORTHY MEDIA