Terms and Conditions

Standard Fees

Proposals are based on our best estimate of the hours each phase will take. For flat rate proposals, our fees are do-not-exceed numbers. Our normal, blended, rate is $110/hour.

Rush Fees

Half Day Studio recognizes a “normal project” as one who’s completion date is 30 or more days out from the start date. The start date is defined as the day upon which the contract is officially signed by both parties. Any project who’s completion date is 14 - 30 days from the start date will be charge 150% of our normal hourly rate. Any project who’s completion date is 14 days or less from the start date will be charged 175% of our normal rate.

Warranty

Half Day Studio LLC is responsible for delivering to the Client all materials, electronic or otherwise, as outlined in the specifications of this agreement and will use its best efforts to provide materials that meet all the proposed specifications and requirements. If any problems occur, Half Day Studio will work in good faith to resolve the problems as quickly as possible. This warranty does not cover elements that are not within Half Day Studio’s control. These may include but are not limited to: defects in paper or printing; shipping or handling damages; outdated content; changing or obsolete web site links or pages; or any other changes that do not result from any error on the part of Half Day Studio.

Credit

The Client will ensure that any third-party application of branding (e.g. a fabricator adding their name to a sign) obtains approval, which shall not be unreasonably withheld, from Half Day Studio.

Indemnification

The Client shall defend, indemnify and hold Half Day Studio harmless from all suits, claims, judgments and liabilities of any kind whatsoever, including, without limitation, property damage and bodily injury or death, arising of this agreement or project due to any intentional or negligent acts, errors or omissions of the Client or its agents, contractors or employees, including costs of litigation and attorney’s fees.

Half Day Studio shall defend, indemnify and hold the Client harmless from all suits, claims, judgments and liabilities of any kind whatsoever, including, without limitation, property damage and bodily injury or death, arising of this agreement or project due to any intentional or negligent acts, errors or omissions of Half Day Studio or its agents, contractors or employees, including costs of litigation and attorney’s fees.

Implementation

The Client shall contract and pay directly for vendor services such as production and installation. Half Day Studio shall not be held responsible for the quality or timeliness of any third-party vendor’s work, regardless of whether Half Day Studio assists the Client in evaluating, selecting or monitoring the third-party vendor.

In the event that the Client requests that Half Day Studio enter into any agreement with a third-party vendor, the Client will provide written approval for any such agreement. Furthermore, Client acknowledges that, without regard to any other agreement, or term of this agreement, Half Day Studio shall be not be held liable for payment of payment, workmanship, delivery delays or any other factors that have financial or other impact on the project as it relates to such third-party vendor. If Half Day Studio enters into any agreement with a third-party vendor on behalf of Client where billing or contract administrative services are provided by Half Day Studio, Half Day Studio shall add 15% to the third-party vendor’s invoices as an administrative fee.

Limitation of Liability and Remedies

Half Day Studio shall not be liable to Client or to any other person except for its gross negligence or willful misconduct. In no event shall Half Day Studio be liable for special, indirect, incidental, consequential, punitive or exemplary damages. Client specifically agrees and acknowledges that its remedies against Half Day Studio shall be limited to, and shall not exceed, the amount of the Professional Fees paid to Half Day Studio under this agreement.

Ownership

Once approved and fully paid for by the Client, the final selected creative work becomes the exclusive property of the Client. The client may do what they wish with this owned property.

If for any reason the Client does not accept the design of a specific element, all ownership rights for that specific element shall revert to Half Day Studio. Original concepts not selected by the Client also remain the property of Half Day Studio. All artistic expression, design concepts, sketches, notes, photographs, drawings, specifications, computer files and the right to create copies or derivative works there from shall remain the property of Half Day Studio whether the project for which they are made is executed or not.

In the event Client wishes to acquire the rights to these in addition to the final creative work, Half Day Studio and the Client shall mutually agree on the additional compensation to be paid to Half Day Studio.

Reuse

For all final selected creative work, the client is entitled to reuse at their will. While Half Day Studio is employed at the discretion of the client, If the final selected work has had changing criteria set during the process of the project, Half Day Studio has first right of refusal for all relative graphic design, branding and design work for this project..

For the purposes of this agreement, if Client reuses any portion or all of Half Day Studio’s deliverables not selected as a final piece of creative, Client agrees to compensate Half Day Studio with a fee for the deliverables used. The Client will notify Half Day Studio in writing prior to such reuse and obtain Half Day Studio’s acceptance of the compensation specified in this paragraph.

If the Client reuses designs or specifications at any other time or in another location not specified as the original intent, the Client shall hold Half Day Studio harmless against claims for loss or damages resulting from the failure of these designs encountered with such reuse.

Half Day Studio shall retain all artwork, drawings and specifications for this project for a period of one (1) month from the date of the final invoice. Upon expiration of this period, all such materials will be discarded unless the Client requests their continued storage or to be sent. Fees may apply.

Archiving

Half Day Studio will maintain full project backups and archive digital artwork for a maximum of 60 days from project completion. If a copy is needed after this period, studio hourly rates will apply for the search and retrieval of such files plus the cost of digital storage media and/or shipping.

Design/Copyright Protection

Creative work developed by Half Day Studio, including designs and trademarks, is not intended to infringe on the rights of third parties. Nonetheless, due to the complexity of such rights, Half Day Studio will not guarantee that the Client will be protected from the claims of others. As is customary in our profession, Half Day Studio does not obtain clearance or registration of such rights on behalf of the Client, but recommends that legal counsel be employed to determine the clearance and rights to all creative work. If a Client’s search reveals that the design, name or mark developed by Half Day Studio and selected by the Client is not legally available, Client will have the right to select an alternate from one of those already developed. The Client acknowledges that if such a revision occurs after Half Day Studio has commenced its work, additional fees and charges may apply to accommodate these changes.

Confidentiality

Half Day Studio understands the need for and maintains strict confidence in all matters involving the relationship with its Clients, their materials, financials, and any plans or policies divulged to Half Day Studio during the course of a project. This includes all communications, written or electronic, between the Client and Half Day Studio Notwithstanding the foregoing, Client agrees that Half Day Studio may make mention of the Client as part of its Client list in brochures and other information materials about Half Day Studio. In the case of a website, Half Day Studio may include a link to the Client’s site from the Half Day Studio website.

Photography

Half Day Studio shall have the right to photograph all completed designs and shall have the right to use such photographs or other visual materials from the project for publication, exhibition, or other promotional purposes.

Records

Half Day Studio shall maintain records of hours and reimbursable expenses. These records shall be available to the Client at mutually convenient times.

Representations

The Client represents that it has full power and authority to enter into this Agreement and that it is binding and enforceable in accordance with its terms. Half Day Studio represents that it has full power and authority to enter into this agreement and that it is binding and enforceable in accordance with its terms.

Sales Tax

The Client shall pay any sales, use or other taxes that may be applicable to the services provided under this agreement, including any tax that may be assessed on a subsequent audit of Half Day Studio’s tax returns.

Severability

All provisions of this Agreement are separate and divisible, and if any part is held invalid, the remaining provisions shall continue in full force and effect.

Termination

Either party may terminate this agreement after giving 10 days written notice. In event of the termination of this contract, Half Day Studio shall be paid in full for all services performed up to the termination date, based on standard hourly rates, along with associated reimbursable expenses.

Arbitration

In the event of a dispute regarding the subject matter of this agreement, or any portion, the parties agree to submit the dispute to arbitration — in the County of Salt Lake pursuant to then-existing Commercial Rules of the American Arbitration Association, and the prevailing party shall be reimbursed for all costs of the arbitration including reasonable attorney’s fees and all other recoverable costs and damages.

Governing Law

This agreement shall be enforced under and governed by the laws of the State of Utah and Federal Internet Electronic Commerce as applicable. Arbitration and/or every suit or action with respect to this agreement will be commenced exclusively in the County of Salt Lake, State of Utah.

Third Party Agreements

Entering into a third party agreement will require the prior written approval by the Client. If approved, the Client grants to Half Day Studio the right to act on the Client’s behalf to contract with or give instructions to any person involved in the project, such as photographers, illustrators or writers. Half Day Studio agrees to review with the Client for approval any terms and conditions, including required credits that may be imposed on the Client or Half Day Studio by such third parties.

Entire Agreement

Each party acknowledges that this agreement and this scope of work and services outlined in this exhibit constitutes the complete and exclusive statement of the terms and conditions between the Client and Half Day Studio. This agreement may only be changed or modified in writing.

@halfdaystudio

Follow us on Instagram to get studio news, case study releases, behind-the-scenes, blog posts and other exclusive content.

Give us a shout.

We have a simple goal – to help people make the most of the brands where they spend their dollars and spaces where they spend their lives. Shoot us an email to start the conversation.
801.210.2789
hello@halfdaystudio.com
878 S 200 E
Salt Lake City, UT 84111
crossmenu linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram