STATEMENT OF WORK & CONTRACT
Date: September 21, 2018
Between "us", More Belief, and "you", The Client. You, are hiring More Belief to perform the services listed below.
1.0 GRAPHIC RECORDING SERVICES RENDERED
if you have purchased a Preparatory Design Package. More Belief will work with you up to 9 hours or 3 meetings on understanding key messaging, industry background, organization history and structure, sensitive content, facilitation methods specific to your event, brand story, presentations as they are available, and the audience
More Belief will provide all materials which may include foam core, paper, markers, and artists easels.
DAY OF EVENT
More Belief needs 30 to 60 minutes prior event for setup.
The Graphic Recorder should be up front, under good lighting, near, but not upstaging the presenters. Ideally, participants should not need to turn their heads to view the recording.
An introduction of graphic recording by the host to the participants is recommended and can sound like this:
"Graphic recording is being provided today by (artist's name) from More Belief. More Belief is a storytelling company whose mission is to make space for change-for Good. This illustration captures our conversation as a living document that will help us see today's big ideas captured in a big picture."
You retain the originals at the end of the event. More Belief will provide digital files of each individual document lo-res and hi-res (delivery: up to 1 business week from final day of event)If you have purchased a visual summary (see our sample here: http://www.morebelief.com/visual-summary).More Belief designers will pull key images together into a multi-page document that tells the story of your event using the visuals that were created during it. (delivery: up to 2 business weeks from final day of event).
We can't guarantee that our work will be error-free (we're human!) We even celebrate that errors sometime present creative possibilities to our clients. So we can't be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you've advised us of them.
2.0 MUTUAL COOPERATION
We agree to use our best efforts to fulfill and exceed your expectation on the deliverables listed above. You agree to aid us in doing so by making available to us needed information pertaining to your project and to cooperate with us in expediting the work. All feedback needs to be within 48 hours of each stage of delivery.
3.0 CHARGES FOR SERVICES PERFORMED
Make space for change. For Good.
Functionality or feature requests above and beyond those listed in the budget and/or the functionality specs may be considered out-of-scope and an amendment to the budget will be recommended. Projects that go dormant for longer than 45 days will incur a fee to resume work at the discretion of More Belief.
4.0 TERMS OF PAYMENT
4.1 BILLING SCHEDULE
We're sure you understand how important it is as a small business that you pay the invoices that we send you promptly. We're also sure you'll want to maintain a positive working relationship and keep the project moving forward.
4.2 ANNUAL CONTRACTS
Please inquire about ongoing annual arrangements with More Belief as an option to reducing cost and building a custom strategy for working with visuals ongoing within your organization.
4.3 CLIENT AGREEMENT TO PAY
Every invoice will have 30 day payment terms. In the event payment is not made within 30 days, More Belief will charge a late payment fee of 1% per month on any overdue and unpaid balance not in dispute, to cover the manpower, interest, and other costs More Belief pays for carrying overdue invoices from General Mills. In addition, More Belief reserves the right to stop work until payment is received.
4.4 COLLECTION COSTS
In the event that we incur legal fees, costs and disbursements in an effort to collect our invoices, in addition to interest on the unpaid balance, you agree to reimburse us for these expenses.
5.0 CANCELLATION OF PLANS
You have the right to modify, reject, cancel or stop any and all plans or work in process. However, you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancelable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. We agree to use our best efforts to minimize such costs and expenses.
6.0 RESPONSIBILITIES OF MORE BELIEF AND GENERAL MILLS
6.1 MORE BELIEF'S RESPONSIBILITY FOR RELEASES
We shall obtain releases, licenses, permits or other authorization to use testimonials, copyrighted materials, photographs, art work or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable).
6.2 CLIENT RESPONSIBILITY FOR RELEASES
You guarantee that all elements of text, images, or other artwork you provide are either owned by your good selves, or that you have permission to use them.
Then when your final payment has cleared, copyright will be automatically assigned as follows:
We'll give you the original documents created at your event, the source files and finished files and you should keep them somewhere safe as we're not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them. We'll own the visual elements that we create for this project, which shall include, but not be limited to, non-branded or identifiable portions of the graphic recording and the non-branded elements of the same. We'll own the unique combination of these elements that constitutes a complete design and we'll license that to you in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for any other licensing. You will own any branded or identifying elements of the complete design that are identifiable as intellectual property of you, the client.
6.3 Client Responsibility for Accuracy
You shall be responsible for the accuracy, completeness and propriety of information concerning your products and services which you furnish to us verbally or in writing in connection with the performance of this Agreement.
More Belief acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by More Belief on behalf of the client or disclosed by the client to More Belief.
8.0 TERM AND TERMINATION
8.1 PERIOD OF AGREEMENT AND NOTICE OF TERMINATION
This Agreement shall become effective once it is accepted by both parties, and shall continue until terminated by either party if not less than 60 days' notice is given in writing by either party to the other.
8.2 TERMINATION FOR CAUSE
Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default.
In addition, either party may immediately terminate this Agreement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of creditors, if a trustee, or similar agent is appointed with respect to any property or business of the other party, or in the case of the Client, if the Client materially breaches its obligations to make payment pursuant to this Agreement.
8.3 PAYMENT FOR NON-CANCELABLE MATERIALS
Any non-cancelable materials, services, etc., we have properly committed ourselves to purchase for your account, (either specifically or as part of a plan such as modules, photography and/or external services) shall be paid for by you, in accordance with the provisions of this Agreement. We agree to use our best efforts to minimize such liabilities immediately upon written notification from you. We will provide written proof, upon request of the client, that any such materials and services, are non cancelable.
8.4 MATERIALS UNPAID FOR
If upon termination there exist any materials furnished by us or any services performed by us for which you have not paid us in full, until such time as you have paid us in full you agree not to use any such materials, in whole or in part, or the product of such services.
8.5 OWNERSHIP RIGHTS
The following content within a recording is considered work for hire: Identifying, branded or proprietary elements of the client work. For example, likenesses and names of any participants, brand content like logos, products, services, trademarks, confidential material, etc. Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by the Client to More Belief, More Belief shall transfer, assign and make available to the client all property and materials that have become copyright or property of the client in accordance with Section 6.2 and this Section 8.5 hereof. The Client agrees to pay for all costs associated with the transfer of materials.
9.0 GENERAL PROVISIONS
9.1 GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the state of Minnesota. USA.