Terms & Conditions

Revised May 9, 2015

  1. Fees:

    1. A 50% payment of the proposed fees for services is required prior to the commencement of services.  The remaining 50% of the proposed fees are due upon completion of the services performed or upon the termination date of the the agreement, whichever comes first.

    2. Client agrees to pay a prorated amount for the work performed when the project schedule is -- for any reason -- extended, delayed or cancelled mid-production.

    3. The proposed fees for the project as described in the Proposal for Limited Scope of Services are valid for a period of 60 days.

    4. Neither party shall be liable for delays or any failure to fulfill its obligations hereunder if such delay or failure is caused by or arises by force majeure.  However, Joel Gray, Inc. shall be entitled to a prorated payment for the work performed prior to any such event.

  2. Additional Fees:

    1. Services provided beyond the scope of work will be billed as additional fees on a day rate basis of $725.00

    2. The proposed fees do not include cost of media or printing where requested by client.  

    3. Other expenses including but not limited to courier, travel and postage charges will be applied as additional fees when applicable.

  3. Deliverables:

    1. Unless noted otherwise, all deliverable materials will be provided to Client via electronic file transfer (typically JPG or TIF image file format).

    2. High resolution Images (deliverable renderings) are defined as any image where the pixel dimensions are no more than 4000 pixels in the longest dimension.

  4. Liability:

    1. Client assumes all risk of use of the deliverable materials.  Joel gray, Inc. makes no warranties of any kind, express or implied and specifically disclaims any implied warranty of merchantability or fitness for a particular purpose.  Joel gray, Inc. shall not be liable for any special, indirect, consequential, exemplary or punitive damages under any legal theory including contract, tort and/or strict product liability.

    2. Client agrees, at its own sole expense, to defend or, at its option, to settle any action brought against Joel Gray Inc., Inc. based on a claim that the Services, Images or Deliverable Materials infringe any United States or foreign copyright, trademark, trade secret, or other intellectual property of a third party.  Client hereby indemnifies and holds Joel Gray, Inc. harmless from and against all losses, damages and expenses (including reasonable attorney’s fees) incurred by or assessed against Joel Gray, Inc. due to Joel Gray, Inc. actions pursuant to this agreement and in reliance upon Client’s representations and warranties as set forth herein.

  5. Usage Rights:

    1. Joel Gray, Inc. retains all intellectual property rights pertaining to the deliverable materials.  Upon full payment by Client, Joel Gray, Inc. shall be deemed to have granted Client a nonexclusive, nontransferable, royalty free, perpetual license to display the deliverable materials for promotional purposes.  All copyrights to the deliverable materials remains vested in Joel Gray, Inc. which specifically reserves the right to re-use all of any part of the deliverable materials in future work for third parties or to create derivative works.  Client shall not further sub-license the deliverable materials nor remove any copyright information placed on the image(s) by Joel Gray, Inc.

    2. Client agrees to give attribution (credit) to Joel Gray, Inc. for the rendered image(s) generated per this agreement.  Credits are to be included in all publications, presentations and any other commercial or public uses of the image(s).

    3. Unless otherwise agreed, Joel Gray, Inc. reserves the right to include a corporate watermark on all deliverable works.

  6. Termination:

    1. Any agreement between Client and Joel Gray Inc. may be terminated by Client giving written notice to Joel Gray, Inc. and by Joel Gray, Inc. at any time Client fails to make any payment when due or otherwise materially breaches this agreement.  Any termination by either party will not relieve Client of Client’s obligation to tender payment to Joel Gray, Inc. for all services provided prior to termination.

    2. This agreement shall be governed by the laws of the State of Colorado and the parties agree to resolve any dispute at an appropriate venue within El Paso County, Colorado.