©  2020 Kelly A. Martin of KAM Design

By hiring Kelly A. Martin, the client agrees to these terms and condition below.

PUBLISHING RIGHTS

1. The client acknowledges that he/she has obtained all legal rights and permissions to publish materials to be used in the project and shall be solely responsible for the materials and the validity of copyrights, trademarks and ownership claimed by the client. Client agrees to indemnify, hold harmless and defend Kelly A. Martin and its employees from any and all libel and copyright and permission infringement action resulting from materials client provides. 

CONFIDENTIALITY

2. All client information and materials are considered confidential and only for use by Kelly A. Martin to provide a quote or complete a project. Client information and project materials will not be given out or shared with any third party, unless otherwise requested by the client. 

COVER DESIGN SERVICES

3. Kelly A. Martin's fee for design of an e-book cover includes the following: 

• Unless otherwise directed, nine (9) jpeg files of final cover design formatted for use as e-book covers.

• One (1) png file of book title logo for promotional use.

• Purchases of stock images with standard licenses for use in the book cover design. (If client has specific image requests, additional charges may apply.)

• Digital delivery of the included cover files. 

4. Kelly A. Martin's fee for design of a print book cover includes the following: 

• One (1) pdf file formatted for use as print book cover (front, back and spine) configured to client’s printer specifications as provided by client.

• Two (2) png file of book title logo for promotional use.

• Purchases of stock images with standard licenses for use in the book cover design. (If client has specific image requests, additional charges may apply.)

• Digital delivery of the included cover files. 

The book cover design service does not include delivery of any layered art files, copywriting, proofreading or text editing services, or anything else not listed in this clause. 

REVISIONS

5. Client is entitled to receive a total of four (3) rounds of fair and normal revisions to the work performed by Kelly A. Martin during the course of this project. Any revisions that constitute major alterations or rejections of work previously requested and/or approved by client shall be deemed outside the scope of “fair and normal” and thus subject to additional fees. 

OWNERSHIP RIGHTS 

6. Upon receipt of full payment, Kelly A. Martin grants the client exclusive license to use the final cover design artwork for his/her book and/or e-book cover and associated promotional materials. 

7. The Client understands that he/she has no right to alter the final cover design in any way except to change size for printing or digital display. If the client desires any alterations, he/she will consult Kelly A. Martin. The client understands that additional payments may be required to make these alterations. 

8. The Client agrees to abide by the terms of any license agreement for any images purchased by Kelly A. Martin through a third-party image provider for use in client’s book cover design. The cost of cover design includes the license to use these images and is limited to a print run determined by the stock house's licensing. For books with a print run that exceeds the stock house's limit, additional licensing fees may apply. Images used for client’s cover are royalty-free; however, the photographer owns the copyright to those photographs and they cannot be distributed in any manner other than in the book cover design. 

9. Kelly A. Martin retains the right to use client’s final book cover design, name, and book title in Kelly A. Martin's website, portfolio and advertising materials used to promote its services. Kelly A. Martin retains copyright and ownership of all design and draft materials. 

10. If the client supplies Kelly A. Martin with materials subject to intellectual property rights by a third-party, the client will secure the appropriate rights to use the materials before directing the designer to incorporate them into his/her project. Should any intellectual property dispute arise involving materials the client provides, the client assumes full legal and financial responsibility. 

ATTRIBUTION 

11. Kelly A. Martin requires cover design credit appear in client’s book (either on the back cover or on the copyright page) as such: “Cover design by Kelly A. Martin.” Credit must also be given to the stock house its artists and photographers. A list of stock houses and artist will be provided to the Client.

 

CLIENT RESPONSIBILITIES 

12. Client must supply or direct Kelly A. Martin to printer’s template with specifications or written specs for all print book cover designs commissioned by client. 

13. Client is fully responsible for proofing the book cover design provided by Kelly A. Martin. It is strongly suggested that client requests a proof from the printer before publishing or ordering any copies of the book. At no time will Kelly A. Martin be held financially or legally responsible for any problems, costs, fees or expenses incurred by client as a result of using the book cover design. 

LIABILITY 

14. Kelly A. Martin is not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including loss of revenues or profits, loss of business or reputation, or loss of data, in any way related to our services. Kelly A. Martin is not responsible for any claim, loss, or injury based on errors or any other inaccuracies appearing on our site or in our clients’ written documents, including without limitation as a result of any breach of the terms and conditions of this agreement. 

PAYMENT 

15. Client agrees to pay an initial deposit of 50% of the total cost of project before work will begin on project. The remaining balance is due upon approval of final book cover design. Kelly A. Martin will not release finished files to the client or other parties until final payment has been received. The final payment is deemed the client’s final approval of the project; when tendered, this contract shall be considered fulfilled by all parties concerned. Kelly A. Martin retains the right to discontinue, withhold, or suspend services for any account should payments not be paid for a contracted job as specified in this agreement. 

CANCELLATION POLICY 

16. The client or Kelly A. Martin may cancel this agreement at any time by providing written notice to the other party. If either client or Kelly A. Martin cancels a project before work has started, neither the client nor Kelly A. Martin is under further obligation to the other, and this contract will be considered cancelled. 

17. If the client should stop or cancel a book cover design job once it has started, the client agrees to forfeit 50% of total project cost. This is to cover resources and time taken during the project up to the point of cancellation. The client will have no rights to any mockups sent to the client and agrees to destroy them. 

COMPLETE AGREEMENT 

18. This agreement is the entire agreement of all parties. No additional promises or conditions, written or oral, apply to this agreement that are not included herein. 

MODIFICATION OF AGREEMENT 

19. Modification of any provisions of this agreement is not valid and enforceable unless confirmed in writing and signed by all parties either in hardcopy or by e-signature. 

SEVERABILITY 

20. The finding of any provision of this agreement to be invalid or unenforceable does not render the remaining provisions invalid or unenforceable.