Client Copyright Agreement

Client Copyright Agreement effective May 20, 2013

The Client unconditionally guarantees that any element of text or graphics furnished to Karri Klawiter [Art by Karri] for inclusion in the design does not infringe on any copyright or trademarks that have been already established by another company or organization. The Client will hold harmless and protect Karri Klawiter [Art by Karri] from any claim or suit arising from the use of such as furnished by the client.

Karri Klawiter [Art by Karri] makes every effort to produce original designs. If, however, she creates artwork for you which accidentally infringes on any existing trademarked artwork, the liability of Karri Klawiter [Art by Karri] is limited only to a refund of the paid amount.

Karri Klawiter [Art by Karri] will do no research checking on the legal availability of the name or title for which we are creating designs. It is the Client’s responsibility to ensure that the name of their product, company or service is not already in use, and it is the Client’s sole responsibility to secure a trademark to protect the rights to any name or image. Karri Klawiter [Art by Karri] will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name, book title, or image.

The final artwork and/or design is licensed to the Client, having unlimited, indefinite and unrestricted use of the design, only upon payment of all fees owing. Copyright for artwork and/or design is retained by Karri Klawiter [Art by Karri] and the Client has unrestricted, royalty-free use of these images. This does not include derivative works outside of promotional materials, or alterations to the design. Full design copyright can be obtained by the Client for a reasonable additional cost [$200]. Until the contract is paid in full, all materials remain property of Karri Klawiter [Art by Karri].

Karri Klawiter [Art by Karri] retains the right to display the artwork in her portfolios and marketing materials. Karri Klawiter [Art by Karri] often includes the search for, and purchase of stock images to be used in the creation of the Client’s design, the cost of which will be passed on to the Client. In such case, unless otherwise arranged, all stock images are used under royalty-free license of Karri Klawiter [Art by Karri]. As such, the Client has legal rights to use the stock images only within the scope of the purchased design, and all original copyright is retained by the photographer or licensing agency. Exclusive, rights-managed photography is available, but will incur additional cost.

All concepts furnished to the client are for client review and comment purposes only. Until all project invoices are paid in full by the Client, Karri Klawiter [Art by Karri] will retain exclusive copyright and ownership of all design and draft materials. Unrestricted, royalty free use of final designs are transferred to the client on payment of all fees, however unless otherwise arranged in writing, Karri Klawiter retains ownership of all draft materials not used in the final design.

Karri Klawiter [Art by Karri] reserves the right to turn down any project for any reason.

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