Thanks so much for choosing The Brand Boss Studio to help you rock your brand like a boss. We appreciate you and your business!
This brief letter (the “Agreement”) sets out our mutual objectives and the terms under which we will work together. It is the only Agreement between us about the work we will shortly do for you. Neither of us may sell or otherwise transfer our rights under this Agreement to another person. These Terms and Conditions constitute a legally binding agreement.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
WORK TO BE DONE
By acknowledging that you agree to these terms, you as the client agree to the following:
The Project shall be completed in three phases: Phase I: Brand Strategy Consulting, Phase II: Brand Development, Phase III: Brand Consistency. No other services than those listed above shall be performed unless client and The Brand Boss Studio LLC agree on it afterward, confirmed in writing signed by both of us.
We require payment in full before work can begin. If requested by client, any additional charges for purchasing stock images, typography and/or other outside vendor resources, or travel expenses needed to complete the Project may be added to our professional fees.
In the event of a name change during the course of the project, all necessary updates required as a result of that name change will incur an Additional Revisions rate of $175/hr.
The project will be completed in three phases: Phase I: Strategy, Phase II: Brand Development, Phase III: Brand Consistency. If project is terminated before completion of all three phases, client may request a refund minus any fees for work already completed, plus a 25% early termination fee. Projects terminated in Phase III will not be refunded. The Brand Boss Studio LLC reserves the right to deny refunds if not substantiated by meritable proof of breach of contract.
Both parties recognize that during the course of our business relationship we may come across proprietary information, technical data, trade secrets, or know-how, including, but not limited to, photographs, digital images, designs, drawings and other information of the other party (“Confidential Information”).
We each agree to hold in strictest confidence Confidential Information owned by the other party.
The Brand Boss Studio LLC shall retain all of its intellectual property rights except those in the Final Product, which shall be transferred to the you at the completion of the project. However, The Brand Boss Studio LLC will retain the right to use the Final Product, as well as any designs, messaging, or mock-ups developed in the course of the project, in marketing and advertising our services.
LIMIT OF LIABILITY ON BUSINESS LOSSES
You agree to hold The Brand Boss Studio LLC harmless for any losses resulting from services rendered to it under the provisions of this agreement including but not limited to loss of profits to you or of any other party whether direct or incidental whether or not they have been advised of the possibility of such event.
You agree to release, indemnify and hold The Brand Boss Studio LLC and its owners, partners, employees, agents, heirs, successors and assigns harmless against all claims, damages or causes of action for damages arising out of or in connection with or in relation to this Agreement. Such indemnity shall not be limited to the term of this contract but shall be ongoing even after its termination.
GOVERNING LAW/ARBITRATION CLAUSE
This Agreement shall be governed by the laws of the State of New York exclusive of its choice of law provisions. The Parties hereby agree that any dispute arising out of or in connection with or in relation to this Agreement shall be submitted to binding arbitration under the most recent Accounting Arbitration rules of the American Arbitration Association. The seat of the arbitration is Broome County, New York.