3-3 Activity: Contract Evaluation

Scenario

A real estate firm has hired you to design its website. Late last week, you completed the initial discussions with the client and gathered the relevant information needed to start the design work. However, this morning when you received the contract from the client, you noticed that some key legal considerations are missing. You decided to communicate to the client what items would need to be included in the contract in order for you to move forward with the design work.

Directions

Evaluate the given contract which is provided below. Then, write an email to the client explaining the importance of including the missing items and propose the necessary revisions.

GRAPHIC DESIGN CONTRACT
This Graphic Design Contract (hereinafter referred to as the “Agreement”) is entered into on June
15, 2022 (the “Effective Date”), by and between Jane Doe, (hereinafter referred to as the “Client”)
and Joe Designer (hereinafter referred to as the “Designer”) (collectively referred to as the
“Parties”).
PROJECT DESCRIPTION
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The Parties agree that the Designer will deliver the following services:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
APPROVALS
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The Designer agrees to obtain the consent of the Client for any expenses to be incurred
that exceed __________________ in fees.
TERMINATION
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This Agreement may be terminated in the event that any of the following occurs:
1. Immediately in the event that one of the Parties breaches this Agreement or one of the
conditions set forth in this Agreement and does not amend the breach within a period
of 30 days.
2. This Agreement will automatically be terminated when the services are completed.
CONFIDENTIALITY
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All terms and conditions of this Agreement and any materials provided during the term of
the Agreement must be kept con dential by the Designer, unless the disclosure is required
pursuant to process of law.
–
Disclosing or using this information for any purpose beyond the scope of this Agreement,
or beyond the exceptions set forth above, is expressly forbidden without the prior consent
of the Client.
–
This section will remain in full force even after the termination of this Agreement for a
period of 1 year.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of
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REPRESENTATION AND WARRANTIES
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The Parties agree and disclose that they are fully authorized to enter this Agreement. Both
Parties’ performances and obligations are not to violate the rights of any third party or else
violate other, if any, agreements made between them and/or any other organization,
person, business or law/governmental regulation.
DISCLAIMER OF WARRANTIES
–
The Designer warrants to complete the Services listed in this Agreement as per the
Client’s requirements and speci cations. However, the Designer does not represent or
warrant that such services provided in this Agreement will create additional sales,
exposure, brand recognition, pro ts or other bene ts.
–
In addition to the above, the Designer holds no responsibility towards the Client in the
event that the delivered work does not lead to the Client’s desired results.
LIMITATION OF LIABILITY
–
Under no circumstances will either party be liable for any indirect, special, consequential,
or punitive damages (including lost pro ts) arising out of or relating to this Agreement or
the transactions it contemplates (whether for breach of contract, tort, negligence, or other
form of action) in the event that such is not related to the direct result of one of the
Parties’ negligence or breach.
AMENDMENTS
–
The Parties agree that any amendments made to this Agreement must be in writing, where
they must be signed by both Parties to this Agreement.
–
Accordingly, any amendments made by the Parties will be applied to this Agreement
ASSIGNMENT
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The Parties hereby agree not to assign any of the responsibilities in this Agreement to a
third party, unless consented to by both Parties in writing.
ALTERNATIVE DISPUTE RESOLUTION
–
Any dispute or difference whatsoever arising out of, or in connection with, this Agreement
shall be submitted to arbitration/mediation/negotiation (circle one) in accordance with,
and subject to the laws of ________________.
ENTIRE AGREEMENT
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This Agreement contains the entire agreement and understanding among the Parties to it
with respect to its subject matter, and supersedes all prior agreements, understandings,
inducements and conditions, express or implied, oral or written, of any nature whatsoever
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with respect to its subject matter. The express terms of the Agreement control and
supersede any course of performance and/or usage of the trade inconsistent with any of its
terms.
SEVERABILITY
–
In the event that any provision of this Agreement is found to be void and unenforceable by
a court of competent jurisdiction, then the remaining provisions will remain in force in
accordance with the Parties’ intention.
SIGNATURE AND DATE
–
The Parties hereby agree to the terms and conditions set forth in this Agreement and such
is demonstrated by their signatures below:
DESIGNER
CLIENT
Name:____________________________
Name:____________________________
Signature:_________________________
Signature:_________________________
Date:_____________________________
Date:_____________________________