TERMS AND POLICY

EMG clients are subject to the following terms and policies.

GENERAL AGREEMENT – This document defines the terms and conditions of our working relationship. All projects or services that EMG Productions, Inc. (DESIGNER) may be contracted to produce or provide for (CLIENT) will be subject to the following:

PROPOSALS/ESTIMATES – For each project, CLIENT will receive a proposal/estimate outlining the project specifications and proposed scope of services with billing phases outlined. Each proposal/estimate will contain a project budget, which includes estimated fees for DESIGNER services and separate costs for estimated out-of-pocket expenses. Revisions, extensive alterations, or a switch in overall objectives will affect the initial proposal/estimate.

We will begin work upon CLIENT’S approval of a written proposal/estimate. Client approval (written or oral) will constitute an agreement between us.

PAYMENT – CLIENT agrees to pay DESIGNER in accordance with the terms specified in each proposal/estimate. On accounts that have not been approved for terms, a deposit of 50% of the project cost must be paid before work can begin. On projects that include broadcast, all fees must be paid prior to airdate, unless otherwise specified or outlined in proposal/estimate.

Unless otherwise specified, all subsequent balances due and payable upon art or video draft approval. Interest on past due balances is 18% per annum or 1.5% per month. We reserve the right to refuse completion or delivery of work until past due balances are paid.

Proposals/estimates are valid for only 30 days from date of presentation. Client requested changes to original scope of propsal/estimate will be billed additionally. The client will be notified of any price changes and/or additional charges.

EXPENSES – Fees for professional services do not include outside purchases on behalf of CLIENTS such as, but not limited to, printing, stock photography, color or B&W draft printouts, laminating, illustrations, separations, shipping and handling or courier service. Expenses are itemized on each invoice. Expenses are subject to Missouri sales tax unless a) CLIENT is a nonprofit organization; or b) work is for resale and a resale certificate has been submitted to DESIGNER. If consultant or location shoot services are required in out-of-town locations, lodgings, meals, and transportation for crew will be billed at cost. Reimbursement for mileage is calculated at current allowable rates.

REVISIONS AND ALTERATIONS – New work requested by CLIENT and performed by DESIGNER after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, a proposal revision will be presented, and a revised additional fee agreed upon by both parties before further work proceeds. Alterations and other copy changes requested after layouts or mechanicals are completed are billed at standard hourly rates.

DEADLINES – Knowledge of CLIENT deadlines is essential to provide an accurate estimate. "Rush jobs", or expenses incurred due to delays on the part of CLIENTS, will result in additional charges over and above proposal/estimate. CLIENTS will be advised of these additional charges before they are incurred, and will be presented with the option to proceed.

APPROVAL OF RIGHTS AND USAGE – CLIENT is responsible for all trademark, servicemark, copyright and patent infringement clearances, as well as for arranging, prior to publication, any necessary legal clearance of materials we prepare.

ERRORS AND OMISSIONS – It is the CLIENT’S responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. DESIGNER is not liable for errors or omissions. CLIENT signature or that of CLIENT'S authorized representative is required on all mechanicals or artwork prior to release for printing or other implementation.

OVERAGES – On projects requiring print runs, the CLIENT will accept over runs or under runs that do not exceed 10% of the quantity ordered on all jobs. The DESIGNER will bill for actual quantity delivered within this tolerance. If the CLIENT requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.

OUTSIDE VENDER PERFORMANCE – DESIGNER will take all reasonable precautions to safeguard the property CLIENTS entrust to us. In the absence of negligence on our part, we are not responsible for loss, destruction or damage or unauthorized use by others of such property. We will do our best to ensure quality and timely delivery of all printed pieces and will not be responsible for loss to CLIENTS through the failure of vendors, media, or other outside entities involved in the project.

If you select your own vendors, other than those recommended by us, you may request that we coordinate their work per project management fee. If at all possible, we will attempt to do so, but we cannot in anyway be held responsible for quality, price, performance or delivery.

LIEN – All materials or property belonging to the CLIENT, as well as work performed, may be retained as security until all just claims against the CLIENT are satisfied.

RIGHTS OF OWNERSHIP – Once a project has been delivered by us and is fully paid for by CLIENT, DESIGNER will assign the reproduction rights of the design for the use(s) described in the proposal. Ownership DOES NOT extend to the right-of-resale of, but not limited to: Any/all concepts, templates, design elements, customized fonts and image work used or not used for this project.

According to the Copy right Law of 1976, the rights to all design and art work, including but not limited to photography and or illustration created by independent photographers or illustrators retained by DESIGNER, or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of “All Rights” (A Buyout) is negotiated with DESIGNER and/or his/her authorized representative, you may not use or reproduce the design or the images therein for a purpose other than the one(s) originally stipulated. If you wish to use the design we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and any additional fees before proceeding. If printing or other implementation is done through your vendors, you agree to return to us all our original mechanicals and artwork (slides, prints, drawings, separations, etc.) within two weeks, and to provide us with printed samples of each project.

We reserve the right to photograph and/or distribute or publish for our firms promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm news letter, brochures, slide presentations and similar media. We agree to store mechanical boards and computer disks for a period of 6 months beyond the delivery of a job. Thereupon, we reserve the right to discard them.

TERM AND TERMINATION – The term of this agreement will continue for work in progress until terminated by either of us upon thirty (30) days written notice. If you should direct us at any time to cancel, terminate or “put on hold” any previously authorized purchase, we will promptly do so, provided you hold us harmless for any cost incurred as a result.

Upon termination of this agreement, DESIGNER will transfer to CLIENT all your property and materials in our control and for which you have paid. CLIENT will indemnify and hold DESIGNER harmless for any loss or expense (including attorney ’s fees), and agree to defend DESIGNER in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to assertations made against CLIENT and any of its products and services arising from the publication of materials that we prepare and you approve before publication.

PRODUCTION SCHEDULES – Production schedules will be established and adhered to by both parties, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Client or the Designer. Where production schedules are not adhered to by the Client, final delivery date or dates will be adjusted accordingly.

ADDITIONAL PROVISIONS – The validity and enforceability of this agreement will be interpreted in accordance with the laws of the State of Missouri applicable to agreements entered into and performed in the State of Missouri. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement.

If we must retain attorneys to collect our invoices, we will be entitled to reasonable attorney’s fees, court costs, and interest at the maximum rate permitted by law.