CREATIVE DESIGNER AGREEMENT
This Creative Designer Agreement (hereinafter “Agreement”), is made effective as of
___________, by and between the following parties ____________, hereinafter referred
to as “Client” having an address at ___________ AND _______________hereinafter
referred to as, “Designer,” having an address at ________________. Individually
referred to as ‘Party’ and collectively referred to as ‘Parties’. The Parties intend to be
legally bound as follows:
1. DESCRIPTION OF SERVICES & WARRANTIES
The Client hereby engages the Designer, and the Designer accepts such engagement
to provide the following services: they will direct photo shoots for the client’s clothing
brand. The Designer represents and warrants that they have the knowledge, skills, and
experience necessary to provide the Services.
The Designer may be engaged or employed in any other business, trade or profession,
or other activity which does not place Designer in a conflict of interest with the Client,
provided that, during the term, Designer shall not be engaged in any business activities
that compete with the business of the Client without the Client’s prior written consent.
2. FEES AND EXPENSES
In consideration of the services provider by the Creative Designer, the Client will
reimburse them $ 400 per photo shoot to the creative designed. The Client agrees to
reimburse pre-approved expenses and costs as indicated on invoices. Receipts and
reasonable supporting documentation shall accompany such expenses and costs. The
Parties will agree on the expenses before the expenses being incurred.
3. TAXES
Designer and Client shall each be solely responsible for all of the federal, state and
local taxes applicable to them.
4. NONEXCLUSIVITY
Client and Designer hereby acknowledge and agree that nothing contained herein is to
establish an exclusive relationship between the Parties. The Designer shall be free to
continue working for and taking on new clients, without regard to the Client. The
Designer does not need Client approval for any such work.
5. TERM AND TERMINATION
This Agreement will commence on the effective date and continue effectively for 6
months. Either Party may terminate this agreement before the expiry of the term by
serving the other party sufficient notice before termination.
6. CONFIDENTIAL AND PROPRIETARY INFORMATION
The Designer hereby acknowledges and agrees that they may receive confidential
and/or proprietary information relating to the Client’s business. Such information may
include, but will not be limited to, client lists, client notes, specifications, project
information, plans and/or technological resources. The confidential and/or proprietary
information is significantly important to the Client’s business, and it has been developed
or obtained over time, with significant resources. The Designer understands and agrees
that any unintended disclosure of any of the confidential and/or proprietary information
would be significantly detrimental to Client. As such, Designer agrees that they shall:
Not disclose the confidential information by any means not authorized by the Client to
any third parties, Not copy or duplicate the confidential and/or proprietary information
unless specifically directed to do so by the Client, Not disclose the confidential
information and/or proprietary information by any unauthorized means to any third
parties for at least one year following the termination of this Agreement and not use the
confidential information for any purpose except those expressly authorized by the
Client.
7. INTELLECTUAL PROPERTY
Designer agrees that all inventions, trade secrets, confidential and/or proprietary
information, and work-product conceived, created or developed by Designer which are
(a) used for the limited purposes outlined by the Agreement, (b) related to the Client’s
actual business or research and development, or (c) developed, made or discovered by
Designer’s duties for the Client, i.e., all of the Services created, shall be the property of
the Client. Designer hereby assigns to the Client the exclusive right, title, and interest in
and to the Services only for the limited purposes as outlined elsewhere in this
Agreement, including all necessary copyrights, patents, trademarks, or other intellectual
property rights relating to all Services.
8. PORTFOLIO USE
Notwithstanding the preceding, Designer shall be permitted to use all Services in
Designer’s professional portfolio, after such Services have been made public by the
Client. Nothing contained herein shall limit Designer’s such right.
9. INDEMNIFICATION
Designer and Client shall each defend, indemnify, and hold the other harmless from and
against all losses, damages, liabilities, deficiencies, actions, judgments, interest,
awards, penalties, fines, costs or expenses of whatever kind arising out of or resulting
from bodily injury, death of any person, damage, real or intangible, to personal property
resulting from other’s acts or omissions or the breach of any representation, warranty, or
obligation under this Agreement.
10. SURVIVAL
Any provision of this Agreement, which by its terms imposes continuing obligations on
either of the Parties, shall survive termination of this Agreement.
11. DISPUTE RESOLUTION
In case of a dispute between the Parties relating to or arising out of this Agreement, the
Parties first attempt to resolve the disputes in good faith through mediation. If mediation
fails, the Parties shall then submit the dispute to binding arbitration in Virginia.
12. GOVERNING LAW
This Agreement shall be governed by and construed by the laws of the State of Virginia.
13. ENTIRE AGREEMENT
The Agreement embodies the entire Agreement between the Client and Designer
relating to the subject matter hereof. This Agreement may be changed, modified or
discharged only if agreed to in writing by both parties.
IN WITNESS WHEREOF, the Parties execute this Agreement as follows:
Client: Designer:
Name: _____________ Name: ___________________
Signature: ___________ Signature: ___________________
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