Business Creative Template

BUSINESS CREATIVE TEMPLATE

This General Business Agreement (the "Agreement") is made effective as of by and between:

WHEREAS

WHEREAS, Client wishes to retain Creative Provider to perform creative services for the Project titled "" in accordance with the terms set forth herein;

WHEREAS, Creative Provider represents that it has the skill, experience and professional qualifications to perform the services described in this Agreement and is willing to perform such services under the terms and conditions set forth below;

WHEREAS, the parties desire to set forth the terms and conditions under which Creative Provider will render services and deliverables to Client.

SCOPE OF WORK

PAYMENT TERMS

Late payments will accrue interest at on overdue balances, or the maximum rate permitted by law, whichever is lower. Client is responsible for reasonable costs of collection, including attorney fees.

TERM AND TERMINATION

This Agreement shall commence on and continue until unless earlier terminated in accordance with this Agreement.

Either party may terminate this Agreement for any material breach by the other party that remains uncured for following written notice. Upon termination, Client shall pay Creative Provider for all work performed and reimbursable expenses incurred through the effective date of termination.

CONFIDENTIALITY

Each party agrees to maintain in confidence and not disclose to any third party Confidential Information received from the other party. "Confidential Information" means non-public business, technical or financial information disclosed in any form that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is lawfully obtained from a third party without breach of any obligation; or (d) is independently developed without use of the disclosing party's Confidential Information.

INTELLECTUAL PROPERTY

Unless otherwise agreed in writing, Creative Provider hereby assigns to Client all right, title and interest in and to the final deliverables produced under this Agreement, including all copyrights, subject to Client's timely payment of all fees due. Creative Provider retains the right to use non-confidential work samples for promotional purposes unless Client provides written objection.

INDEMNIFICATION

Each party shall indemnify, defend and hold harmless the other party from and against any third-party claims arising out of the indemnifying party's gross negligence, willful misconduct, or breach of this Agreement, provided that the indemnitee gives prompt written notice of any claim and cooperates in the defense at the indemnitor's expense.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of , without regard to that jurisdiction's choice-of-law principles.

ENTIRE AGREEMENT; AMENDMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals and communications, whether written or oral. Any amendment or modification of this Agreement must be in writing and signed by authorized representatives of both parties.

MISCELLANEOUS

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The failure of either party to enforce any right or provision shall not constitute a waiver of future enforcement of that right or provision.

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