Creative Art Director Agreement

CREATIVE ART DIRECTOR AGREEMENT

This Creative Art Director Agreement (the Agreement) is entered into by and between the parties identified below as of the Effective Date.

Client Name:   Art Director Name:

Effective Date:

RECITALS

WHEREAS, Client desires to retain the services of the Art Director to perform creative direction, art direction, and related design services for specified projects and deliverables under the terms set forth herein;

WHEREAS, Art Director represents that Art Director has the professional skills, creative expertise, and personnel necessary to provide the services described in this Agreement and will perform such services as an independent contractor; and

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to the services, compensation, deliverables, ownership and confidentiality.

SCOPE OF WORK

Art Director shall provide creative art direction and design services as described below. Deliverables may include mood boards, concept sketches, final artwork files, style guides, and production-ready assets as specified in the Deliverables and Schedule section.

COMPENSATION AND PAYMENT TERMS

Client shall pay Art Director the fees and reimbursements set forth in this section in exchange for timely performance of the Scope of Work.

Late payments shall bear interest at % per month (or the maximum permitted by law) on the outstanding balance until paid in full.

TERM AND TERMINATION

This Agreement shall commence on the Start Date and shall continue in effect until the End Date or until earlier terminated in accordance with this section.

Start Date:   End Date:

Either party may terminate this Agreement for convenience upon written notice to the other party delivered at least days prior to the intended termination date. Material breach by either party that is not cured within days after written notice shall permit the non-breaching party to terminate immediately.

CONFIDENTIALITY

Each party (Recipient) shall hold in strict confidence all non-public, confidential or proprietary information disclosed by the other party (Discloser) in connection with this Agreement. Confidential information does not include information that is (a) already lawfully known to Recipient; (b) becomes publicly available through no fault of Recipient; or (c) independently developed by Recipient without use of Discloser’s Confidential Information.

The obligations in this section shall survive termination or expiration of this Agreement for a period of years, except that trade secrets shall remain protected for so long as they qualify as trade secrets under applicable law.

INTELLECTUAL PROPERTY AND USAGE

Unless otherwise agreed in writing, all Final Deliverables produced by Art Director specifically for Client under this Agreement and paid in full shall be deemed a work made for hire and assigned to Client upon full payment. Art Director hereby irrevocably assigns, transfers and conveys to Client all right, title and interest in and to such Final Deliverables, including copyrights.

Notwithstanding the foregoing, Art Director retains the right to use non-confidential versions of the Final Deliverables and work samples in Art Director’s portfolio and promotional materials, provided such use does not disclose Client confidential information or pre-publication material.

REVISIONS, EXPENSES AND WARRANTIES

Client is entitled to rounds of reasonable revisions per deliverable as set forth in the Scope of Work. Additional revisions will be billed at a rate agreed in writing prior to commencing such work.

Art Director represents and warrants that the Deliverables will be original, will not infringe third party rights, and will conform to the specifications agreed upon in the Scope of Work. Client shall promptly notify Art Director of any alleged infringement and permit Art Director to defend or settle any such claim; Client shall cooperate reasonably in such defense.

INDEPENDENT CONTRACTOR

Art Director is an independent contractor. Nothing in this Agreement shall create an employment, agency, joint venture or partnership relationship between the parties. Art Director is solely responsible for all taxes, insurance, and benefits with respect to Art Director’s personnel.

INDEMNIFICATION

Each party shall indemnify and hold harmless the other party from and against any losses, liabilities, damages and expenses (including reasonable attorneys’ fees) arising out of third-party claims to the extent caused by the indemnifying party’s breach of this Agreement, negligence or willful misconduct.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles. Any dispute arising out of this Agreement shall be resolved in the state or federal courts located in that state unless the parties agree in writing to arbitration.

ENTIRE AGREEMENT

This Agreement, together with any exhibits or attachments expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, understandings and communications. Any amendment or modification must be in writing and signed by both parties.

NOTICES

Notices under this Agreement shall be delivered to the contact information below for each party and shall be effective upon receipt.

MISCELLANEOUS PROVISIONS

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect. The headings in this Agreement are for convenience only and do not affect interpretation.

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