Brand Identity

Contract

This Agreement is between the individual, hereby referred to as Client, and Brand New Vous, hereby referred to as Vendor. Collectively, all of the above people or businesses entering this Agreement will be referred to as the Parties. 

Purpose of the Agreement

Client wishes to hire Vendor to provide services detailed in this Agreement. Vendor has agreed to provide such services according to the terms of this Agreement.


Terms

Services

Vendor shall provide Client with the following service(s) and/or products ("Services"):

Brand Identity Development

  • Development of your brand visuals
    • Three (3) logo variations in multiple color schemes as well as black/white - file types include png, jpg, eps + pdf
    • Branded color scheme and font recommendations
    • Branded patterns or illustrations/icons
    • A brand style guide so you know how to use your new brand visuals
  • Up to two (2) rounds of revisions* (additional revisions will incur an added expense)

  • One (1) thirty (30) min. strategy coaching session to solidify your vision, audience, and goals

  • Thirty (60) day turnaround**

Logo Design

  • Logo design
    • Three (3) logo variations in multiple color schemes as well as black/white - file types include png, jpg, eps + pdf
  • Up to two (2) rounds of revisions* (additional revisions will incur an added expense)

  • One (1) thirty (30) min. strategy coaching session to learn more about you and your brand

  • Thirty (30) day turnaround**

Delivery of Services

Delivery of Services

Vendor will provide all Services outlined in this Agreement and agreed to by both Parties. When the provided Services are tied to an expedited timeline, Client agrees to notify Vendor with expected timeline in advance.**

Materials

All materials, including but not limited to drafts and documents, shall be the exclusive property of the Vendor. No products, including digital files, will be released until the agreed upon Total Cost is paid in full by the Client per the payment agreement.

Access to Files

The Vendor shall make drafts and finalized documents available through Google Drive. These documents shall be available to the client within seven (7) business days. Vendor is not responsible for lost documents once given to the Client.

Deposit and Payment

Payment

The Total Cost ("Total Cost") for all Services is due in full by the start date of the Service(s). Client shall pay the Total Cost to Vendor as follows:

  • The Client shall make a non-refundable, 50% deposit* for the Vendor to perform the specified services outlined in this Agreement.
  • The remainder of the Total Cost must be paid by the Client prior to or on the date of delivery for the Service(s).*

Deposit

Upon payment of the deposit, the Vendor will reserve the time and date agreed upon by both Parties.

The first payment of the Total Cost is a non-refundable retainer. At a minimum, Client agrees that the retainer fee fairly compensates Vendor for committing to provide the Services and turning down other potential projects/clients.

Cancellation

Both Parties understand that the Client or Vendor may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written cancellation, Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined at the sole discretion of the Vendor. Should Client cancel the project following its completion, Client is responsible for the Total Cost of Services as per the agreed upon, plus any additional expenses incurred. In the event of cancellation, Vendor retains ownership of all copyrights and original work created.

Exclusivity

Exclusivity

Client understands and agrees that he or she has hired the Vendor exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Vendor hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, as specified in this Agreement.

Intellectual Property

Copyright Ownership

In the event that any copyrighted work(s) are created as a result of the Services provided by Vendor in accordance with this Agreement, Vendor owns all copyrights in any and all work(s) it creates or produces, including but not limited to all rough drafts and finalized documents in their original and processed formats, pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Vendor and may be used in the reasonable course of Vendor's business.

Reproduction

The Client understands that any duplication or alteration of original documents for the purpose of reselling or disseminating to any outside parties not named in this Agreement is strictly prohibited without the express written permission of the Vendor. If any of these actions are performed the Vendor reserves the right to request the takedown of documents and compensation equivalent to the loss of revenue and/or damages. The Vendor will grant the Client with permission to edit documents for personal use and advancement.

Permitted Uses of Product(s)

The Client shall only use the documents, including digital files, in accordance with the permissions within this contract. The Client's documents are for personal use only and shall not be submitted to contests or reproduced for commercial use without express written approval by the Vendor. 

Vendor grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only. Personal use includes, but is not limited to, use within the following contexts:

  1. In Client's personal website or professional profiles like LinkedIn or Hired; or
  2. In personal communications, such as an email with a current or potential employer(s).

Testimony Release

Client grants permission to Vendor and its assignees, licensees, and sublicensees, permission to use Client's name and testimony in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, Vendor may use Client's name and testimony on Vendor's website, social media and/or other advertising. 

Confidentiality

Vendor acknowledges that she may receive or have access to information which relates to the Client’s past, present, or future employment, references, creative works, pending projects/proposals, and other proprietary information. Vendor agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Vendor before this Agreement is signed or afterward. Unless strict confidentiality is requested by Client in advance of the establishment of this contract, Vendor can display materials and final work created for Client in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses.

Service Release

Service

Client has spent a satisfactory amount of time reviewing Vendor's Services and has a reasonable expectation that Vendor will perform the Services in a similar manner unless otherwise specified in this Agreement.

Consistency

Vendor will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Vendor's current portfolio and Vendor will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:

  1. Every Client and session is different, with different timelines, budgets, and needs;
  2. Services are often a subjective art and Vendor has a unique vision, with an ever-evolving expertise and technique;
  3. Vendor will use its best judgment when providing Services for Client, which may not include strict adherence to Client's suggestions;
  4. Although Vendor will use reasonable efforts to incorporate Client's suggestions and desires when providing Client with the Services, Vendor shall have final say regarding the execution of Services;
  5. Dissatisfaction with Vendor's execution or ability are not valid reasons for termination of this Agreement or request of any monies returned.

Vendor's Rights

The Vendor retains the right of discretion in selecting the final versions and/or revisions of documents released to the Client. The Vendor has the right to decline any requests by the Client that the Vendor deems not up to par with the rest of their work or industry expertise. The Vendor has the right to decline any "extreme" editing requests, such as, but not limited to: falsifying and/or exaggerating experience(s). No re-editing will be done after the final revisions are presented to the Client.***

Limit of Liability

Maximum Damages

Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Vendor.

Loss of Product

In the unlikely event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Vendor shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.

Indemnification

Client agrees to indemnify, defend and hold harmless Vendor and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Vendor provides to Client.

Cancellation, Rescheduling, and Late Arrivals

Cancellations

If Client desires to cancel Services or if it becomes impossible for Vendor to render Services due to the fault of the Client or parties related to Client, such as failure of the Client to provide appropriate documentation in a timely manner, Client shall provide notice to Vendor as soon as possible via the Notice provisions detailed in this Agreement. Vendor has no obligation to attempt to re-book further Services to fill the void created by Client's cancellation if it becomes impossible for Vendor to provide the Services due to the fault of Client (or parties related to Client), and Vendor will not be obligated to refund any monies Client has previously paid towards the Total Cost. Client is not relieved of any payment obligations for cancelled Services or should it become impossible for Vendor to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Vendor is able to secure another, unrelated client for, then Vendor may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost. 

Rescheduling

In the event that the Client requests to reschedule a 1:1 session with more than seven (7) days notice, no penalty will be applied. Failure to give seven (7) day notice will result in the risk of forfeiture of the session. Rescheduled sessions are offered at the sole discretion of the Vendor and must occur within thirty (30) calendar days of the originally scheduled session date. Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session.

Late Arrivals

If the Client is more than ten (10) minutes late to a session, the Vendor retains the right to cancel the session. The non-refundable deposit shall not be returned and the Client is responsible for paying the remaining balance. It is the Client's responsibility to make sure they arrive on-time. Client shall not be compensated for the time deducted from the session due to late arrival by the Client.

Impossibility

Force Majeure

Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

  1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
  2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
  3. Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

Failure to Perform Services

In the event Vendor cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

  1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
  2. Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
  3. Excuse Client of any further performance and/or payment obligations in this Agreement.

General Provisions

Governing Law

The laws of govern all matters arising out of or relating to this Agreement, including torts.

Severability

If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Merger

This Agreement constitutes the final, exclusive agreement between the Parties relating to the and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the Parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Amendment

The Parties may amend this Agreement only by the Parties' written consent via proper Notice.

This contract is between the Vendor, Brand New Vous, and the Client: *
This contract is between the Vendor, Brand New Vous, and the Client:
Phone *
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Today's date
Turnaround Time *
Turnaround Time
Date on which Service needs to be completed. Please note that the standard turnaround time is thirty (30) days for Brand Identity Development and sixty (60) days for Logo Design**
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*Forms of payment accepted for sessions and/or products are PayPal and Venmo.

**Rush delivery is available for an additional fee. ***Additional revisions may be purchased for an additional fee.