In addition to particular points of policy indicated in our formal contract, the following have a general application and are itemized here in the interest of clarity.
Security
Every effort will be made to maintain the strictest confidence concerning any material, plans or policies divulged to us in the course of our relations with a client.
Design Rights
Any design in its final form which is selected and approved by a client for use becomes the exclusive property of that client. All other designs and ideas developed in the course of the design project remain the property of the designer, as is customary in the profession.
Reimbursable Expenses
Professional fees quoted do not include outside costs for typography, photostats, messengers, photographic prints, finished model, final working drawings, and other elements which may be required. These will be billed at cost plus 20% to cover supervision and accounting. Travel and Living Expenses: All Your firm's staff travel will be first class. Perdiem expenses will be billed at actual cost.
Arbitration
All claims or controversies arising out of or relating to this contract shall be decided by arbitration by the American Arbitration Association, New York branch. (or Your Firm's choice of arbiter)
Protection of Designs, Marks, Etc.
Any designs, trademarks or names created by Your Firm are not intended to infringe upon the rights of others. However, the complexity of these rights is such that Your Firm cannot warrant that its clients will be immune from claims of others, no matter how inadvertent the cause. It is recommended that clients consult their own legal counsel concerning both legal availability and registrability, and file for registrations when appropriate. The cooperation of Your Firm is always available in the protection of these properties.
Exclusivity
Exclusive service covering any one industry are made by special arrangement only.
Publicity
The services of Your Firm are available without charge (except for cost of photography) to prepare publicity on completed design projects-- including development of releases, contact with editors and supervision of photography. Collaboration in preparation of releases is also available to the client's public relations department or its advertising agency. In any case, we request the privilege of being mentioned as the project designer in all releases and request to review the part of any release that deals with our design programs. Your Firm shall have the right to publish the project and its participation the project.
March 1995