Thank you for contacting me in regards to your design needs. I’m looking forward to working with you.
Although I expect everything to run smoothly, it’s best that we both have something to reference when any questions come up concerning our relationship. This letter agreement lays out our mutual understanding on how this project will progress and what’s expected of both of us. In the interest of saving a lot of headaches, this letter agreement contains as little legal jargon as possible while still being legally enforceable (like many, I hate reading documents that require me to have a costly dictionary within reach). So here it goes:
You an individual, are hiring me, Karma Jinx, to provide design services in relation to the Design that you have described for me.
The Design:
I will create a “design” according to the instructions and general concept included in the Design Information section of this letter agreement.
I will also provide you with the opportunity to review my work and provide notes as follows:
[$20 and Below]: Within 2 – 3 days after receiving payment (as discussed below), I will provide you with one rough sketch of the Design. At this stage, you will review the rough sketch and you may provide me with notes on the direction of the Design. Any notes that you provide me must be consistent with the contents of the order form.
[$20 and Above]: Within 3 – 4 days after receiving payment (as discussed below), I will provide you with [2 OR 3] rough sketches of the Design. At this stage, you will choose one of the rough sketches to serve as the basis of the Design and you may provide me with notes on the direction of the final Design. Half-way through the completion of the Design, you will have another opportunity to review the Design and provide additional notes on the direction of the Design. Any notes that you provide during each review must be consistent with the contents of the Design Information.
You are allowed to make minimum changes to the design, however any drastic changes and I reserve the right to terminate our agreement. If I choose to terminate our agreement, you will only pay me for the portion of the Design that I have completed at that time, but no less than $20.
You will have the non-exclusive right to use the Design on your personal and professional websites, social media accounts, business cards and promotional materials (e.g., flyers, posters, stickers, and similar items). You can also use the Design for general private uses. You cannot sell the Design itself and cannot include the design on any merchandise that will be given or sold to others. In addition, you cannot edit, alter, crop, distort, or create derivative works of the Design.
You will make reasonable efforts to identify me, as “Karma-Jinx”, as the artist of the Design. If the Design is used in any online medium, you will also provide a link, if reasonable to do so, to the following website: www.drawingjinx.com.
The Money:
($20 and below): You will pay the Design Fee in full within 2 to 3 days. I will not begin any work on the Design until the Design Fee is paid.
($20 and Above): You will pay the Design Fee according to the following schedule:
1) The first 50 percent of the Design Fee will be paid within 3 to 4 days. 2) The second 50 percent of the Design Fee will be paid half-way through the completion of the Design (at the time you review and provide additional notes on the direction of the final Design). I will not begin any work on the Design until the first payment is paid. If fee is not paid within the time limit, I have the right to cancel your order.
The Additional Promises:
You agree that you have the authority to enter into this agreement on behalf of yourself, your company, or your organization, and that you will stick to the payment schedule outlined in this letter agreement. You also agree to provide me, in a timely manner, any information or items I need to complete the Design, including any texts, images, and a completed Design Info Sheet. You also agree that you’ll review my work and provide feedback in a timely manner. Finally, you agree that any elements you give me to incorporate into the Design, including any texts, images, graphics, or other artwork, are either owned by you or used with the owner’s permission.
I have the experience and ability to perform the services you need from me and will provide my services in a timely manner. However, I will not be responsible for any deadlines that are missed as a result of any delays on your part. I will also keep any information that you share with me confidential.
The Small Print:
You and I cannot transfer this contract to another person or entity without each other’s permission. All rights that are not specifically transferred by this letter agreement, including copyright ownership in the Design, are reserved by me. I also have the right to identify you as a client on my website and professional portfolio for the sole purpose of promoting my services. In addition, I am not responsible for any damages, losses, or expenses that arise out of your use of the Design. As discussed in this letter agreement, you have hired me as an independent artist and we have not formed any joint partnership, business, or employer-employee relationship.
The terms of our agreement are governed by the laws of the State of California and we agree to the exclusive jurisdiction of the federal and state courts located in Los Angeles County in matters arising under this letter agreement. If any part of this letter agreement becomes invalid or unenforceable, the remaining parts will remain in place. Also, this letter agreement includes all the terms that will govern our relationship. Any changes to our agreement must be in writing and agreed by both of us. Any written notice or communication to me must be provided via e-mail at the following address: info@karmajinx.com. Any written notice or communications to you will be provided at the address listed at the top of this letter agreement.