Sacred Design Agreement
for Sacred Design Packages
Welcome! I am looking forward to working with you. Please read this information carefully. The purpose of this Agreement is to set forth the details about working together so that we both are clear as to what each of our respective roles are and how our communication will take place so that our time will be positive, productive, and comfortable.
This Agreement is being made between Path to Growth, LLC of 2006 Town Plaza Court, Winter Springs, Florida 32708 and the Client (“Client” or “you”). We both legally agree to the following:
Custom Design Packages – refer to your confirmation email upon purchase for what is included and the anticipated timeframe.
During the Package, you can expect that I as the Graphics Designer will:
- Prepare your graphics in the agreed-upon timeframe, provided all information is provided to me on time by you.
- Conduct two (2) revisions
- Offer design ideas, if desired
- Provide support, encouragement, feedback and guidance about your graphics.
I expect that you as the Client will:
- Provide all images, descriptions, and requested information about your brand according to the agreed-upon timeframes; otherwise, risk delays in production
- Use your best efforts to provide all requested information before design work has begun.
- Provide responses and communication about the designs within 48 hours after receipt so that revisions can be made on a timely basis.
- Ask any questions you may have as they arise.
Scheduling and Timing.
Scheduling Calls: The sooner we are able to meet the sooner you have a finished logo. Please make every effort to schedule our call in a timely manner. The Designer has daily availability Monday-Friday during regular business hours.
Rescheduling: If you need to reschedule or cancel your Pre-Design Call, you need to do so at least 24 hours in advance of your scheduled time by sending an e-mail to me so we may reschedule the Call as soon as possible to keep on track with our agreed-upon timeframe.
Investment and Payment.
Investment: You agree that you are financially willing and able to invest in this Package by choice, and that by so doing, you are not incurring any economic hardship in any way.
- Design Consultation Calls for custom design projects are $22. If a custom design package is agreed upon, the $22 will be rolled into the package price. If a custom design package is declined, the $22 is non-refundable and is the cost for the consultation.
- Your investment for Custom Design Projects will be discussed and agreed upon in the Design Consult appointment.
- Your investment is $265 for the Sacred Branding Package and must be made when you sign up for the Package before the Pre-Design Call is held.
Payment Authorization and Receipt: If paying by debit card, or credit card, you give us permission to automatically charge your credit card or debit card as payment for your Package without any additional authorization, and you will receive an electronic receipt.
Refund Policy: It is my intention for you to be happy with your Package. However, because I have invested considerable time and effort in your Sacred Branding Package, if you decide to withdraw at any time for any reason, you are still fully responsible for making all payments, and no refunds will be provided.
Both the Graphic Designer and the Client mutually agree not to disclose, reveal or make use of any information learned by either party during the term of this Agreement (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party who has a bona fide right to make such information available without restriction. Both parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used to safeguard its own confidential information. Both parties agree that the confidentiality of any and all Confidential Information shall survive the termination, revocation, or expiration of this Agreement. In the event that Client is required by law to disclose any of the Confidential Information, the Client agrees to: (1) provide the Graphic Designer with prompt notice of such requirement prior to making the disclosure, and (2) give the Graphic Designer all available information and assistance to enable the Graphic Designer to take the measures appropriate to protect the Confidential Information from disclosure.
Intellectual Property Rights.
Copyright Ownership of Design Elements Provided by Client: The Client represents to the Graphic Designer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Graphic Designer for inclusion in the designs are owned by the Client, or that the Client has written permission from the rightful owner to use each of these elements without intruding upon or violating the rightful owner’s intellectual property rights. The Client agrees to hold harmless, protect, and defend the Graphic Designer, its subsidiaries, agents, affiliates, successors, assigns, employees, and subcontractors from any claim or suit arising from any unlawful use of such elements furnished by the Client, whether the claim or suite was initiated by the Client or anyone else.
Copyright Ownership of the Finished Design Provided by Graphic Designer
The Client is given ALL Copyright rights
Copyright ownership of to the finished design produced by the Graphic Designer will be owned by the Client. Rights to photos, graphics, work-up files, and trade secrets are specifically not transferred to the Client, and remain the property of the Graphic Designer and/or their respective owners. The Client agrees that the Graphic Designer and its subcontractors shall have the right to display the finished designs produced for the Client as examples of their work in their respective portfolios and on their websites.
Personal Responsibility, Assumption of Risk & Release of Claims.
Assumption of Risk: The Client accepts and agrees that the Client is 100% responsible for its progress and results from the Package. The Graphic Designer will help and guide the Client through the process; however, participation by the Client is vital to the Sacred Branding Package’s success and the Client agrees to be engaged, provide requested information, and attend Pre-Design Call according to the agreed-upon timeframe. The Graphic Designer makes no representations, warranties or guarantees verbally or in writing regarding the performance of the finished designs. The Client understands that because of the nature of the Package, the results may significantly vary based on a wide variety of reasons having nothing to do with the Graphic Designer or the Package. By signing below, the Client acknowledges that there is an inherent risk of loss of capital, time or other resources, and there is no guarantee that the Client will increase their brand visibility, income, or generate any other desired result as a result of participation in the Package. Any comments about the outcome by the Graphic Designer are expressions of opinion only. The Client knowingly assumes all of the risks of the Package related to the Client’s use, misuse, or non-use of the designs.
Limitation of Liability, Indemnification, and Release of Claims: Care has been used in preparing the graphics provided to you as the Client, but you agree that the Graphic Designer will not be held responsible in any way for the information that you request or receive through the Package, including the designs and any other information you have as part of or related to this Package. You agree that you fully and completely hold harmless, indemnify and release the Graphic Designer from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or claim to have in the future that may arise from your participation in the Package, to the extent permitted by applicable law.
Other Important Terms.
Termination: If either of us want to terminate the Agreement at any time, we both agree to notify the other at least 3 days in advance by e-mail. Even after termination by either of us, all of the terms of this Agreement, including all of the Investment, Refund Policy, and Intellectual Property terms, will still apply to both of us now and in the future.
Notice: All correspondence or notice required regarding the Package shall be made to me by e-mail at firstname.lastname@example.org and to you at the e-mail address you provided during your purchase of the Package. Should your e-mail address, billing information, or contact information change at any time, it is your responsibility to provide your updated information to me within 3 days of any change.
Entire Agreement, Assignment, Survivability and Waiver: This Agreement contains our entire agreement. This Agreement may be modified or amended at any time as long as the amendment is in writing and signed by both of us. You may not assign your rights or obligations under this Agreement to anyone else, and the obligations under this Agreement shall survive indefinitely unless otherwise stated in this Agreement. If I choose to waive or not enforce one or more terms of this Agreement, it does not in any way limit my right to later enforce every part of this Agreement.
Governing Law: This Agreement shall be construed according to the laws of the County of Seminole in the State of Florida where my business is located.
Dispute Resolution: Should we ever have any differences, it is hoped that we could work them out amiably through e-mail correspondence. However, if we are unable to seek resolution in 14 days, we agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, jointly selected by both of us, unless we both agree otherwise in writing. You understand and agree now that the only remedy that can be awarded to you through arbitration is the full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that should arbitration take place, it will be held in the County of Seminole in the State of Florida where my principal place of business is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator, notwithstanding any limitations by law.
Non-Disparagement: If there is a dispute between us, you agree to not publicly or privately make any negative or critical comments about the Program, my business or me, or to communicate with any other individual, company or entity in a way that disparages the Package or harms my reputation in any way, including on social media. In arbitration or when required by law, of course, you are not prohibited from publicly sharing your thoughts and opinions.
By checking the box on your Order Form, you acknowledge that you have read, understand, agree to and accept all of the terms in this Agreement. Electronic signatures of this Agreement are permitted and enforceable. You agree that you have had the opportunity to ask me any questions prior to agreeing, and your marking a check on the order form indicates that you agree with all of the terms of this Agreement.