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Please review and approve this service agreeement.
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SERVICE AGREEMENT
Entered on MM/DD/YYYY
For project:
Parties: Mellange Studio Known as "Provider"
and client ______________ Known as "Client"
Collectively, all of the above people or businesses entering this Agreement will be referred to as the "Parties."
PURPOSE OF THE AGREEMENT
Client wishes to hire Provider to provide services relating to Client’s as detailed in this Agreement. Provider has agreed to provide such services according to the terms of this Agreement.
TERMS
Services
Provider shall provide Client with the following services and/or products ("Services"):
Location & Delivery of Services
Location. Provider shall deliver Services to Client at the following location(s):
Cost, Fees and Payment
Cost. The total cost of $____________.__ for all Services is due in full by MM/DD/YYYY. A non-refunable deposit of $_____________is required to secure project.
Credit card charges are subject to a 2.9% merchant services fee. ACH, wires, checks, Venmo, and Zelle network do not incur any additional transaction fees.
Venmo and Zelle ID: mellangestudio@gmail.com.
Please request banking information if ACH/Wire is the preferred payment method.
To ensure availability of all services and products, deposits are non-refundable. If the event is within 90 days of the estimate creation date, the total amount is due in full and non refundable. If event is over 90 days from estimate creation date, a 50% non refundable deposit is due upon approval. The remaining balance will be due 90 days prior to the event date and non-refundable.
Intellectual Property
Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Provider in accordance with this Agreement, Provider owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Provider and may be used in the reasonable course of Provider business.
Permitted Uses of Product(s). Provider grants to Client exclusive license of product(s).
Limit of Liability
Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Provider.
Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Provider shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
Indemnification. Client agrees to indemnify, defend and hold harmless Provider and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Provider provides to Client.
Cancellation, Rescheduling and No-Shows
Cancellation, Rescheduling of Services or No-Show Client.
Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up or should it become impossible for Provider to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing.
Impossibility
Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:
A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
General Provisions
Governing Law. The laws of California govern all matters arising out of or relating to this Agreement, including torts.
Merger. This Agreement constitutes the final, exclusive agreement between the parties and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.