Creative Retainer Package Contract
"consider yourself BRANDED" | Helene Abrams | 225 East 26th Street #4E, NYC 10010 | 917.674.1025 •
By providing a 50% deposit of the invoice emailed to you, “you” the “Client” has retained me “Helene Abrams” of “consider yourself BRANDED” to proceed with one of four Creative Retainer Packages below:
A) 4 Hour Package
The minimum commitment for a 4 hour Creative Retainer Package with “consider yourself BRANDED” is 12 months at $342.00 per month.
B) 8 Hour Package
The minimum commitment for a 8 hour Creative Retainer Package with “consider yourself BRANDED” is 6 months at $532.00 per month.
C) 12 Hour Package
The minimum commitment for a 12 hour Creative Retainer Package with “consider yourself BRANDED” is 6 months at $648.00 per month.
D) 24 Hour Package
The minimum commitment for a 24 hour Creative Retainer Package with “consider yourself BRANDED” is 3 months at $1,440.00 per month.
These Package includes the following services :
Strategic Consulting | Brainstorming
Photoshop of Images
Print Design and Coordination
These Creative Retainer Packages do not include:
Identity Package, Basic Branding Package or Ultimate Branding Packages, Social Brand Identity Packages, Logos, Brand Brand Strategy. Identity Systems, Brand Identity Manuals or Website or video creation. Nor do these Packages cover expenses like printing, stock photography licensing, and subcontractor fees. I will consult with you before beginning work to identify any fees or costs that may be billed in addition to your creative retainer agreement.
What do both parties agree to do
I have the experience and ability to do everything I’ve agreed with you and I’ll do it all in a professional and timely manner. I’ll make every effort to meet every deadline that’s set and on top of that I'll maintain the confidentiality of everything I will be working on for you.
You, the Client:
You have the authority to enter into this contract on behalf of your company. You will give me everything I need to complete any project in the format I need it in a timely manner. You will review my work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you will also be bound by dates we set together.
Graphics and photographs
You should supply graphic files in an editable format. You should supply photographs in a high resolution digital format.
It is agreed that it is the client's responsibility to ensure that there are no spelling or grammatical errors contained in the final product. It is agreed that as the designer, I am not responsible or held liable for any errors contained in the final product after the final product has been committed to print or posted in view of the public. It is your (the client's) responsibility to review the final proof and layout of all designs.
I am not responsible for monitoring your social media channels. I provide social marketing packages for that service, so if you’d like I can provide a separate estimate for that.
First, you guarantee that you have permission from the rightful owner to use any copy, images, data, and reports provided by you for inclusion in its materials, and will hold harmless, protect, and defend Helene Abrams of “consider yourself BRANDED” from any claim or suit arising from the use of such work.
When your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that I create for any of your projects. I’ll give you source files and finished files and you should keep them somewhere safe as I am not required to keep a copy.
You own all elements of text, images and data you provided, unless someone else owns them.
You will own the unique combination of these elements that constitutes a complete design and exclusively and in perpetuity for this project only, unless we agree otherwise.
Displaying my work
I love to showing off my work, so I reserve the right to display all aspects of my creative work, including sketches, work-in-progress designs and the completed project on my website and in blogs on websites, social media channels, in magazine articles and in books.
Getting down to the nitty gritty
Just like a parking ticket, you can’t transfer this contract to anyone else without my permission. This contract stays in place for the length of the Package commitment. Although the language is simple, the intentions are serious and this contract is a legal document.
This contract becomes effective only when Client has paid a 50% deposit of the total package to Helene Abrams. Regardless of the Clients place of business, this contract was entered into in New York City and any dispute will be litigated or arbitrated in NYC. ( see terms and conditions on http://www.cybranded.com).
Your 50% deposit of the package of your choice means this contract is valid and binding and you agree with the terms and conditions of the Creative Retainer provided below:
Payment Schedule terms and conditions:
I’m sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As I am also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.
A 50% deposit of the total package you pick is due before the retainer contract begins.
The balance of the total package is due the last week of the second month.
You can roll unused hours into the following month. Rollover hours expire at the end of the second month. In the last month of the agreement, unused hours are forfeited.
Hours can not exceed the hours of your Creative Retainer Package in a 30 day period, unless excess hours are purchased at the beginning of the last month. Hours in excess of the monthly agreement are billed at the retainer rate. I will honor your current retainer rate and create a separate invoice based on the amount of additional hours you request. Limited to two extra projects per retainer period. Additional hours must be no less then 4 hours and no more than 12 hours. All service hours must be paid in full before any new project begins.
I invoices electronically. My payment terms are one week from the date of invoice in the form of a check. This check should be made out to Helene Abrams 225 East 26th Street, Apt #4E, New York, NY 10010.
I reserve the right to charge interest on all overdue invoices at the rate of 5% per month.
Structure & Flexibility
If during the initial commitment period (or thereafter) there is a much larger marketing project to complete, which is outside the agreed retainer package, then there is no need to change the package, I will simply quote that additional work as an ad hoc project.