Proofing Policy. Every reasonable attempt to mitigate mistakes and oversights are made by Gina Akao. However, it is ultimately the client’s responsibility to review all material and sign off on all proofs prior to production.
Rights Transferred. The client purchases from Gina Akao the exclusive rights for the usage of all finished copy only as outlined in this contract. Any transfer of rights is conditional upon receipt of full payment of services rendered.
Warranty of Originality. Gina Akao warrants and represents that to the best of Gina Akao’s knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through third parties is original or if previously published, that consent to use has been obtained on an unlimited basis; that Gina Akao has full authority to make this agreement; and that work prepared by Gina Akao does not contain scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the client may make of Gina Akao’s product that may infringe on the rights of others. The client expressly agrees that it will hold Gina Akao harmless for all liability caused by the client’s use of Gina Akao’s product to the extents such use infringes on the rights of others.
Credit Bylines. The location/placement of credit bylines will be agreed upon by all parties involved.
Collateral Material. Any services beyond the scope of this agreement are to be considered exclusive and separate from the contents herein. Therefore, it will be at the discretion of Gina Akao to include any additional services that extend beyond services described in this contract. Otherwise, either an amendment to this contract or an additional contract will be required, as detailed in Section III. F of this contract.
Change Orders: If the actual work that occurs throughout the scope of the project goes above and beyond the services described in the product package, Gina Akao will issue a change order which will define and price out the additional services, and will also provide the client with a revised Project Cost/Payment Schedule.
Limitation of Liability. Gina Akao shall not be held financially liable for any incidental or consequential damages that arise from the failure to perform any aspect of the projects herein in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omission of the client, Gina Akao or a third party.
Dispute Resolution. Any disputes in excess of the maximum limit for the State of Nevada Small-Claims Court arising out of this agreement shall be submitted to binding arbitration before a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The client shall pay all arbitration and court costs, reasonable attorney’s fees, and legal interest in any award of judgment in favor of Gina Akao.
Cancellation Provision. If cancellation of the project occurs beyond the control of Gina Akao, a cancellation fee will be incurred by the client as outlined below:
- If cancellation occurs prior to the completion of the researching/outline/development phase of the project, 50 percent of this project will be the cancellation fee amount.
- If cancellation occurs after the completion of preliminary writing but prior to the completion of the finished work, 75 percent of this project will be the cancellation fee amount.
- If cancellation occurs after the completion of finished work, the 100 percent of this project will be the cancellation fee. All necessary and related incurred expenses are paid in full regardless of the phase of cancellation.
Nothing within these terms is to be implied by any party involved.