Design Services Agreement

This Design Services Agreement ("Agreement"), is valid for graphic design services by and between Sherri L. Hammerman and client ("Client").

1. Services
Designer agrees to provide all the services outlined in the attached Estimate/Proposal within the criteria specified. If, however, Client changes any of the criteria during the project requiring additional services, a revision fee will be charged.

Additional services will include, but are not limited to, changes in the extent of work, changes in schedule, changes in the complexity of any elements of the project, and any changes made after Client approval has been given for a specific stage of the project according to the agreed-upon schedule including concept, design, composition, and production of mechanicals.

Designer will keep Client informed of additional services that are required and obtain Client's approval for any services that cause the total fees to exceed those outlined in the attached Estimate/Proposal.

2. Schedules/Overtime/Rush Work
Designer reserves the right to adjust the schedule and/or charge(s) in the event that Client fails to meet the agreed-upon deadlines for delivery of information, materials, approvals, payments, and for changes and/or additions to the services outlined in the Estimate/Proposal.

3. Client Approvals
Client will approve and proofread all final designs and type before the production of mechanicals. Client's approval of all tangible materials and artwork will be assumed after the work has been submitted to Client for review and Client authorizes production orally, unless indicated otherwise in writing.

4. Rights/Ownership
All materials remain the property of Designer in all circumstances. Designer holds the copyright to all materials. All rights and ownership apply to preliminary concepts, works in progress, and finished material, whether the project is completed or canceled. Client will be entitled to limited and specific usage rights of such materials only for the purpose of reproduction.

Upon payment of all fees and expenses Designer will grant reproduction and/or usage rights, as outlined in the attached Estimate/Proposal for all approved final materials created by Designer for this project.

If Client wishes to make any additional use of the materials, Client agrees to seek permission from Designer and make such payments as are approved by the parties at that time. Where alterations or retakes are necessary, Designer will be given the opportunity to make such changes at an agreed additional charge.

5. Electronic Files
If Client has requirements for how the project is to be prepared electronically, Client must communicate that information to Designer before the project begins.

Electronic files and software documents related to Client's project are the property of Designer and must not be copied, altered, or modified without the written permission of Designer. Designer holds the copyright to all electronic files.

6. Reimbursable Expenses
Any budget figures or estimates for reimbursable expenses or implementation charges, such as out-of-pocket expenses, typesetting, printing, fabrication, or installation, are for planning purposes only. Designer will use her best efforts to work within stated budgets but will not be liable if these expenses exceed budgets. When possible, no expenses in excess of the budget will be incurred without Client's written or initialed authorization in advance.

Client will reimburse Designer for all out-of-pocket expenses incurred by Designer on this project. These expenses are listed in the attached Estimate/Proposal and will be billed at cost plus any surcharge indicated in the attached Estimate/Proposal for account handling and supervision. Upon Client's request at the start of the project, records for out-of-pocket expenses will be retained by Designer and will be made available to Client upon completion of the project for ninety (90) days.

7. Credit
Designer will have the right to include a published credit line on the completed design(s) or on any visual representation. This same credit will be included in any publication of the design(s) by Client.

8. Samples
If Client handles production of printed pieces, he/she will provide Designer with samples of each printed or manufactured design. These samples will represent the highest quality of work produced.

9. Payment Schedule
Upon execution of this document, Client will submit full payment of the project cost as outlined in the Estimate/Proposal, plus any additional costs upon completion of the project. Client will pay interest on all overdue amounts after thirty (30) days not exceeding the maximum amount allowed by law.

10. Third-Party Contracts
Designer may contract with other individuals or companies acting on behalf of Designer or Client to provide additional services such as writing, photography, illustration, printing, and fabrication. Client agrees to be bound by any terms and conditions, including required credits and usage rights, with respect to reproduction of the materials that may be imposed on Designer by these third parties.

11. Cancellation
In the event of cancellation of this project, a cancellation fee will be paid by Client and will include full payment for all work completed, expenses incurred, and hours expended. The cancellation fee will be based on the percentage of work completed multiplied by the prices outlined in the Estimate/Proposal. Any payments that have been received will be credited against any amounts due.

12. Miscellaneous
This document and the attached Estimate/Proposal represent the entire agreement between Client and Designer and may be changed or modified only in writing and with the approval of both parties.

Client represents that Client is authorized to enter into this Agreement and that it is binding upon Client and Designer and enforceable in accordance with its terms.

The liability of Designer for loss, damage, delay, misdelivery or nondelivery of any of Client's property provided to Designer is limited to one hundred dollars ($100), unless a higher value is declared by Client in writing prior to or contemporaneously with delivery of Client's property.

Client agrees to indemnify and hold harmless Designer from any and all claims, demands, payments, expenses, legal fees, or other costs in relation to obligations for materials or services incurred by Client.

This Agreement will be governed by the law of the state of Maryland.

I hereby agree to the terms outlined in this Agreement as first dated above.