CUSTOM CALLIGRAPHY AGREEMENT
This Calligraphy Agreement (the “Agreement”) is made and entered into on November 30, 2017 between Carrie Keesling-Getz, DBA Ricciolina Calligraphy (the “Calligrapher,”) and XXXXXXX (the “Client,") for an Event occurring on December 31, 2017.
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 Calligrapher to provide services relating to Client’s calligraphy needs, as detailed in this Agreement. Calligrapher has agreed to provide such services according to the terms of this Agreement.
Services & Payment
Services. Calligrapher shall provide Client with the following services on a one-time basis (herein known as “Services”):
- custom lettering in permanent paint on 1 (one) framed chalkboard (provided by Client) approximately 20” x 24”
- pick-up and drop-off at mutually agreed upon time at 4874 S Atlanta Rd SE, Smyrna, GA 30080
Delivery of Services. All Services must be provided directly to Client by Event Date, December 31, 2017 unless otherwise specified in this Agreement.
Cost. The total cost ("Total Cost") for all Services is TBD and is due in full before delivery of Services. Client shall pay the Total Cost to Calligrapher as follows:
- $35 deposit due by December 3, 2017
- Balance due before delivery of Services (upon receipt of invoice)
Fees. Calligrapher’s rate for Services is $0.22 per square inch of signage.
Protections & Relationship
Trademark Ownership. Any and all trademarks, whether registered or unregistered, remain the property of the contributing Party.
Permitted Uses of Material(s). Calligrapher grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Calligrapher with attribution where reasonably allowed. In no event is Client allowed to share Calligrapher’s pricing or internal materials with any third party without Calligrapher’s express prior written permission.
Relationship of the Parties. Calligrapher has the sole right to control and direct the means, manner and method by which the services in this Agreement are performed. Calligrapher has the right to hire assistants, subcontractors or employees to provide Client with its Services. Calligrapher is individually and separately responsible for its own business operation and expenses, including securing or paying any licensing fees, taxes (including FICA), registrations or permits.
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 Calligrapher.
Indemnification. Client agrees to indemnify and hold harmless Calligrapher, its related companies, parties, affiliates, agents, independent contractors, assigns, directors, employees and officers from any and all claims, causes of action, damages or other losses arising out of, or related to, the Services provided in this Agreement. Calligrapher is not responsible for any damages or loss as a result of transportation and/or shipping of the Client’s calligraphy.
Release. Client has spent a satisfactory amount of time reviewing Calligrapher’s work or past client reviews and has a reasonable expectation that Calligrapher’s Services will produce a reasonably similar outcome and result for Client. Calligrapher will use reasonable efforts to ensure Client’s services are carried out in a style and manner consistent with Calligrapher’s current portfolio and services, and Calligrapher will try to incorporate any suggestions Client makes. However, Client understands and agrees that:
- Every client and final delivery is different, with different tastes, budgets, and needs;
- Calligraphy is a subjective service and Calligrapher is a provider with a unique vision, with an ever-evolving style and technique;
- Calligrapher will use its personal judgment to create favorable results for Client, which may not include strict adherence to Client’s suggestions;
- Dissatisfaction with Calligrapher’s independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned.
Cancellation, Rescheduling and No-Shows
Cancellation Without Cause. Agreement will continue until final Services are delivered by Calligrapher and the Client’s balance is paid in full. If Client desires, implicitly or explicitly, to cancel Services for any reason prior to either of these events, it is within Calligrapher’s discretion to grant a partial or full refund but Calligrapher is not obligated to do so. If Calligrapher attempts to contact Client three or more times in the period of a month and is not successful in receiving a meaningful response, this is considered an unreasonable delay. Upon cancellation or unreasonable delay, all outstanding fees are immediately due and payable to Calligrapher.
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 that materially affects the Services provided in this Agreement, including:
- A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
- War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
- 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.
Governing Law. The laws of Georgia 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.
Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:
- Calligrapher Email: firstname.lastname@example.org
- Client Email(s): email@example.com
- Calligrapher’s Address: 951 Glenwood Ave SE #1401, Atlanta, GA 30316
- Client Address: (see signature line below)
Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the 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.
Dispute Resolution. If the Parties cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then the Parties will make a reasonable attempt to resolve their dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.
Headings. Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.
Electronic Signature, November 30, 2017
951 Glenwood Ave SE #1401
Atlanta, GA 30316