CONTRACT AGREEMENT. This contract agreement (“Agreement”) is made between HFam Enterprise DBA as "Beard Man Brand" (the “Company”) and the person requesting services (the “Client”).
SERVICES. Company shall render agreed upon services (the “Services”) for Clients with respect to Client’s web or graphic design project(s) (the “Project”) in the agreed manner.
PAYMENT. A non-refundable retainer fee for Project is fifty dollars ($50.00). This is required in order to retain Services. No Project will commence until the retainer fee is paid. The remaining balance is due upon finalization of Project. Company shall not be required to deliver finalized Project files unless the remaining balance has been paid in full. If paying via PayPal a 3% processing fee will be added to the total. All prices listed on the website are the discounted cash prices.
CANCELLATION. If Client cancels Project or decides they do not require Services, Company shall not be required to deliver un-finalized or finalized Project files. Client shall be responsible for payment of Services based on total hours completed on Project at a rate of fifty dollars ($50) per hour. If Company cancels this Agreement, Client shall be refunded the full fee paid for Services. In order to cancel, written confirmation must be received (email is acceptable). Verbal cancellations will not be accepted.
GRATUITY. Gratuity is optional and left to Client’s discretion.
LIMITATION OF LIABILITY. Client agrees to the fullest extent permitted by law, Company’s liability for any claim, breach, or damage by reason of any act or omission shall be limited to repayment of sums paid by Clients only. Company shall not be liable for any claims for emotional distress, mental anguish, consequential damages, lost profit, lost revenues, replacement costs, compensatory damages and/or punitive damages, whether or not forseeable and /or arising from any negligent act or omission on the part of any person.
INDEMNITY. Client agrees to indemnify, defend and hold harmless Company for any injury, property damage, liability, claim or other cause of action arising out of or related to the actions of Client or Client’s customers.
FORCE MAJEURE. No party to this Agreement shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to, acts of God (such as natural disasters), fire, government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
RELEASE. Client agrees Company may use any images and stories from Project for any means of promotion of Company, including but not limited to advertising and display on websites, unless otherwise stated by Client. Client waives any right to payment, royalties or any other consideration for the use of the images or stories.
DISPUTE RESOLUTION. Company and Client will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the dispute will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded them by law.
ENTIRE CONTRACT. This Agreement contains the entire Agreement of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
GOVERNING LAW. This Agreement shall be governed by the laws of the State of California.
AMENDMENT. Any amendments to this contract must be in writing and signed by all parties.
By paying a retainer fee and signing an Agreement contract either physically or electronically, Client understands the terms and conditions and agree to be bound by them.
TERMS & CONDITIONS
HFam Enterprise, 1454 Maxwell Ln, Upland CA, 91786, 909-706-7505, firstname.lastname@example.org.
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Updated June 02, 2018