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Services Contract with Graphic DesignerPage 1 of 2 Services Contract with Graphic Designer to Design Patterns for Apparel Agreement made on the day of , 20 , between of , (Name of Designer) (Street Address) , referred to herein as Designer, and (City, County, State, Zip Code) of , (Name of Client) (Street Address, City, County, State, Zip Code) referred to herein as Client; Whereas, Designer designs patterns for Apparel; and Whereas, Client desires to hire Designer for the design project described in Paragraph I below; Now, therefore, in consideration of the matters described above, and of the mutual benefits and obligations set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. Services to be Performed. Designer shall perform the design work (the Project) described in Exhibit A attached hereto and made a part hereof. II. Compensation. Client shall pay to Designer the sum of $ on completion of the Project. Said payment to Designer shall be made at , (Street Address) . (City, County, State, Zip Code) III. Completion Date. The services of Designer on the Project are to be completed on or before . (Date) IV. Ownership of Work Product. Designer agrees that the designs that are conceived, developed, written, or contributed by Designer pursuant to this Agreement, either individually or in collaboration with others, shall belong to and be the sole property of Client and shall constitute a work made for hire as that phrase is defined in Section 101 of Title 17 of the United States Code (the Copyright Act). V. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. VI. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such Services Contract with Graphic DesignerPage 2 of 2 terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. VII. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of . (Name of State) VIII. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. VIII. Mandatory Arbitration. Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. IX. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. X. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. XI. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. XII. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. XIII. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. WITNESS our signatures as of the day and date first above stated. By: By: (Signature of Designer) (Signature of Client) (Printed Name of Designer) (Printed Name of Client)