Timely Treasure Creations
Client/Designer Contract
__________________________ (client) commissions the artistic designing services
of Jennifer Nyhart, DBA Timely Treasure Creations, to create a customized piece
of memorabilia in the form of any of the following: memory albums, memory pages, gift items or to perform photo services such as restoration, resizing, scanning and/or printing.
The designer artist, Jennifer Nyhart, agrees to produce a tasteful, creative
piece of art for the client as long as the project requested is not pornographic, illegal or distasteful in nature. The designer
has the right to refuse any proposed project that may be morally distasteful.
By signing the proposed contract both client and designer agree this contract
is legally binding.
Please read the following provisions carefully, initialing each and signing
the Agreement in its entirety. Initials and signature validate this Agreement.
Photograph, Memorabilia, and Designing Process
1._____I understand that items
to be included in this specific project are to be mounted in an archival-quality album using only photo-safe adhesives, papers,
accents, pens, etc. I understand that products
labeled by reputable companies as “archival quality”, “photo-safe”, “acid free”, and/or
“lignin free”, will be used, and thus any resulting damage from defective products are not the liability of Timely
Treasure Creations. I further understand that if items used are not considered to be “archival quality”, “photo-safe”,
“acid free”, and/or “lignin free”, these said items will not be mounted in direct contact with photos
and will be sprayed with archival misting spray whenever appropriate.
2._____I understand that unless otherwise specified, photos and memorabilia
will be mounted in this specific project using “photo-safe” and/or “acid-free” adhesives that are
essentially considered permanent. While it may be possible to remove photos,
it is not recommended, as damage to the photos will likely occur. I will also
keep this in mind if adjustments are requested after the creative process is finished. Any photos or memorabilia I do not
want permanently mounted will be indicated on the attached Inventory Sheet. All photos or memorabilia indicated as not being
permanently mounted will be adhered with archival safe photo corners.
3._____I understand that unless otherwise specified, photos and memorabilia
may be cut (“cropped”) or altered during the creative process. Sometimes during the creative process it is more
pleasing for the final layout if unnecessary backgrounds and/or objects are eliminated from photos in order to draw the focus
to the subject of the photograph or to fit more photos on a page.
4._____ I understand that it is my responsibility to ensure that photos provided
to Timely Treasure Creations can be replaced. In the event that irreplaceable photos are damaged, I accept full responsibility
and will not hold Timely Treasures Creations liable. I also understand that should
the photos be damaged in the event of a natural disaster or other unavoidable circumstance (theft, fire, car accident, etc.),
Timely Treasure Creations is not responsible for the loss. I understand that
if photos or memorabilia are lost in shipping Timely Treasure Creations is not responsible and I will have to take recourse
with the shipping company themselves. I further understand that it is in my best interest to add shipping insurance onto my
purchase before having memorabilia or photos shipped to Timely Treasure Creations.
Project Cost
5._____I understand that Timely Treasures Creations requires a non-refundable
deposit of 50% of this specific projects cost at the time this Agreement is signed.
I understand for this specific project the cost is $________________.
I understand for this specific project the deposit is $________________.
6._____I understand that the price of the physical album (choice of album
is to be made from Timely Treasure Creations existing stock) is included in this specific project cost of customized albums.
7._____I understand that shipping costs are not included in the original
project quote and are to be determined at the time of project completion due to the varying weight factors involved. Shipping
costs will be added on to the remaining balance due at completion. It is further understood I am responsible for costs involved
to ship all photos and memorabilia to Timely Treasure Creations.
8._____I understand that Timely Treasure Creations will obtain my permission
if it becomes necessary for this specific project cost to exceed the agreed upon amount stated above, and complete written
addendum, before any additional work is performed to result in additional charges.
9._____I understand upon completion of this specific project I will be notified
and the remaining 50% cost will be due at that time I understand the completed
item of this specific project will not be returned to me until the remaining balance is paid. For this specific project
the remaining balance is $________________.
10._____I understand that all returned checks will be subject to a $35 fee. Returned checks not made good by cash or money order within 7 days will be forwarded
to the proper authorities.
11._____I understand that upon completion and notification I will have 10
days to make final payment on this specific project. If in the event I do not
comply within the 10 days, I will be liable for an additional charge of $10 per week until this specific project is obtained.
Project Completion and Satisfaction
12._____I understand that all unused photos or memorabilia, or all originals
if copies were made, will be returned to me at project completion along with the finished project.
13._____I understand that acceptance of this completed specific project is
construed as acceptance and satisfaction with all work completed. I understand there are no refunds offered on customized
projects.
14._____I understand that every effort will be made on Timely Treasure Creations
behalf to complete this specific project on time. If this specific project is not finished by the date specified in this Agreement
and the reason for the delay is solely the fault of Timely Treasure Creations, a discount of 10% will be given from the final
balance due of this specific project. I understand the anticipated completion date is to be ___________________________________________.
15._____I understand that I may not
sell, publish, advertise, or reproduce copies of this specific project, page layouts, or any part thereof, for personal, commercial
or financial gain of this specific project. Nor can I represent this specific
project or any part thereof, as my own creation. All designs and creations by
Timely Treasure Creations are owned exclusively by Timely Treasure Creations and all copyrights apply. I understand that if
I wish to have additional copies made I may have Timely Treasure Creations provide those copies to me for a nominal fee.
Timely Treasure Creations will be digitally scanning and or digitally photographing
this specific project for their records.
Please initial either (a) or (b)
a._____I hereby authorize Timely Treasure Creations to use digital images, copies or graphical representations of this
specific project or any part thereof for the purpose of advertisement, publicity,
or promotion, of Timely Treasure Creations.
b._____I hereby do not authorize Timely Treasure Creations to use
digital images, copies or graphical representations of this specific project or any part thereof for the purpose of advertisement,
publicity, or promotion, of Timely Treasure Creations.
As a client of Timely Treasure Creations, I understand and agree to the provisions
of this Agreement. By my signature, I indicate my acceptance, understanding and willingness to abide by the provisions contained
herein.
Contract Void Unless Signed By Both Parties and Initial
Deposit Paid In Full
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Client Name: (PRINT)
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Designer's Name: (PRINT)
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Client Signature/Date:
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Designer's Signature/Date:
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Notes
