Service Agreement for Same-day Services
Please read carefully.
This Agreement is entered into by you, the Client, and Lisa Mullis, the Consultant.
TERMS & CONDITIONS
I will provide copywriting, design, and consulting services during the scheduled time. Final documents, where applicable, will be delivered as Word docs or Google docs. Any artwork or collateral I complete during our time together will be delivered as PDF, PNG, JPEG, vector or source files as the project specifications warrant.
Due to the nature of the services provided, there is a strict NO REFUND policy. There will also be no refund if you do not show up for your appointment, or if you cancel your appointment less than 5 business days from the scheduled time. If you are not sure we're a good fit, please consider starting with a lower-priced offer.
If the selected date no longer works for you, you may request a schedule change no later than 3 business days before the scheduled time. Please email firstname.lastname@example.org to request a schedule change.
4. Your Responsibilities
In order to get the most out of our time together, it's critical that you to be available for questions and live feedback during the scheduled session time. You also agree to respond to emails and provide requested information in a timely manner in the days leading up to the session.
5. My Responsibilities
As the Consultant, I agree to provide you with professional service at all times and to respond to emails in a timely fashion in the days leading up to the session. I agree to adhere to the deadlines and to respect the confidentiality of any sensitive information you provide, unless we both agree otherwise.
I certify that all work in my final delivered work product is my own work and that it does not infringe upon any copyright or other intellectual property rights of any third party.
6. Ownership of Intellectual Property
At the conclusion of our session, all work completed for you during the session will belong to you excluding any drafts, layouts, graphics or other artwork that was discarded during the course of our work together. You will become the exclusive copyright owner and solely own and control all rights to use the work product however you desire. However, you also grant me the right to display the work product in my portfolio and share with other clients and prospects as I see fit.
7. Relationship of Parties
Nothing contained in this Agreement shall be construed to create a partnership, joint or co-venture, agency, or employment relationship between us. We both agree that I am at all times an independent Consultant.
We both agree not to make statements orally or in writing that may be construed as negative or damaging to the other party’s reputation.
9. Limitation of Liability
If I am too ill or become injured and cannot supply the services specified in this Agreement, then I shall return any monies paid by you, but shall have no further liability with respect to this Agreement. My liability is limited to a refund of any payments received.
As the Client, you agree agrees to indemnify, defend and hold harmless the Consultant from any and all claims, actions, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising in any manner caused by Client’s (i) gross negligence; (ii) out of any claim that the Client provided content, or any portion thereof in fact infringes upon or violate any proprietary rights of any third party, including but not limited to patent, copyright and trade secret rights; or (iii) from a breach or alleged breach of any of the Client’s representations, warranties or agreements herein.
To the maximum extent allowable by law, the Consultant shall not be liable to the client for any incidental, consequential, indirect, special, punitive or exemplary damages (including damages for lost profit, loss of business or the like) arising out of or relating to this Agreement, the Consultant’s performance hereunder or disruption of any of the foregoing, even if the Client has been advised of the possibility of such damages and regardless of the cause of action, whether sounding in contract, tort, breach of warranty or otherwise. To the maximum extent allowable by law, the Consultant’s aggregate liability under this agreement shall in no event exceed the aggregate compensation paid by the Client to the Consultant under this Agreement.
10. Governing Law
This Agreement shall be construed under the governed in accordance with the laws of the state of Washington.
Any dispute arising under this Agreement shall be resolved under the commercial arbitration rules of the American Arbitration Association.
12. Entire Agreement
This Agreement contains the entire understanding of the obligations of the Parties. There are no other promises, agreements, warranties, or representations other than those expressly stated in this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, all other provisions of this Agreement remain in full force and effect.