5. Series continuations are $125-299 depending on what is required. Contact designer for a more exact quote.
6. Expenses:
~Licensed Stock Photography are sourced from DepositPhotos.com and Designers library of prepurchased 3d Renders & Shutterstock images, and are included within the price of your book cover. If the Client requires specialty or exclusive stock images, the Client is responsible for any additional costs specialty/boutique stock incurs. If other 3D renders are needed/wanted, this will be discussed and may or may not require an additional fee depending on what is required.
*** NOTE! Designer does NOT use AI images and tries to ensure none of the purchased/ licensed stock used in the design is not AI. However, Designer is only human and as these images find their way into the stock sites, some are very hard to tell if they are AI.
7. The Designer maintains the copyrights of all designs, sketches, and concepts.
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Client is purchasing exclusive licensing to display and use the final project (one design) for their book packaging (i.e. book covers) and other promotional or packaging materials paid services offer.
**** Due to licensing rights, Client will NOT receive the raw PSD files or raw source imagery, particularly where licensing rules of sourced content forbid transfer.
~ The Client does not have the rights to any other designs or concepts seen or shared within the process, unless they purchase the rights to more.
7A. Client may not use any design created by SLM Creations/Sheri-Lynn Marean, in whole, part, or as part of a derivative work, to create or sell Non-Fungible Tokens (NFTs) of any kind.
8. Responsibilities:
A
All stock images provided by Designer are licensed to the Designer and come with the stock site's STANDARD license.The Client is responsible for following all source file licensing requirements once final product is complete, received, and/or in the control of the Client.
The Designer is not responsible for fact checking or responsible for incorrect information or any negative feedback or legal action resulting from the distribution of incorrect information.
Requests for any other licensing types or renewal of licensing are the responsibility of the Client to purchase, monitor, and all other legal requirements, which can be done from the source site directly and/or the Designer.
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****IMPORTANT.Most stock images have a limit of how many items can be sold. i.e:
depositphotos.com is generally on a 50,000 product count. The lowest number your sourced images show is the number or items you can sell before having to repurchase the licensing rights to each source item. Check the images’ licensing to know what is expected.
STANDARD LICENSES DO NOT cover usage for physical products like Bookmarks, T-shirts, mugs, etc. Book covers however, are considered packaging with the 'Book' being your physical product. *** An Extended License would be required for content outside a cover design or marketing that a Client might want to use the design for like Bookmarks, T-shirts, Mugs, etc.
Client must also purchase the rights to the final design for use in an area other than the services paid for. (i.e. you paid for a book cover but want to make posters. You will then have to purchase the licensing rights for posters from the Designer in addition to the Book Covers and you will need to purchase an Extended License per sourced image and font used in the design.
• This is not to be considered complete information about licensing and does not override any of the sources site’s licensing rules. This is simply for reference to understand what details to look at in licensing regarding Client’s use of the product.
9. The Designer reserves the right to refuse service for any reason, including but not limited to inappropriate content as deemed by SLM Creations, or the inability to provide services within a specified time frame, i.e. if Designer has to many requests for service.
9A ~ The Designer is not responsible for any damages, losses or costs in the event of a lawsuit or dispute regarding your material. Designer is not responsible for maintaining contact information of any source service or person(s) past the delivery of the final project. The Client may ask for any known corrections at any point of need, however Designer will only provide information at the company’s discretion or direct the Client to public resources that might help supply need information. Google may be your fastest solution.
9B ~ The Client may not edit, reuse, or change the final product in any way without written consent from Designer. The Designer acknowledges they have no legal rights or claims to the written book or content used to develop its storyline.
10. Confidentiality:
Client and Designer are responsible for treating all information regarding the design as confidential. No content can be shared outside the two parties without valid written consent from both parties.
11. Limitation of liability
Client agrees that it shall not hold the Designer liable for any incidental or consequential damages that arise from the Designer’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused intentional or negligent acts or omissions of the Designer or Client, any client representatives or employees, or a third party.
12. Dispute Resolution. In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the County and Province noted in the GOVERNING LAW provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by Designer will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
13. This Agreement shall be governed by and construed in accordance with the internal laws of British Columbia without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the courts located in Canada in any legal suit, action, or proceeding arising out of or based upon this Agreement or the Works provided hereunder
14. Client’s Legal Requirements. It is the Client’s sole and exclusive responsibility to ensure that all legal requirements for Client’s business are met. Such legal requirements include, but are not limited to, ensuring claims on advertising and graphics are true, accurate, and may be legally stated, as well as ensuring all products are lawful. Designer shall not be responsible for any legal, technical, or regulatory specifications.
15. Portfolio Use. Designer reserves the right to display design within their website and social portfolio. To protect an Author’s branding the cover may have a generic title and 'Author Name' until the Client’s book is publicly revealed.
16. Credit. Designer would appreciate being credited for the cover with 'Cover Designed by Sheri-Lynn Marean of SLM Creations' when published.
17. Acceptance of Terms
Upon Payment and the receipt of final files you are accepting the terms of this agreement.
