Calligraphy and/or Engraving Services Contract

Calligraphy and/or Engraving Services Terms and Disclosures

By signing the Antea Amoroso Design Services Agreement, Client contracts to hire Antea Amoroso Design (“AAD”) to provide services relating to Client’s calligraphy and/or engraving elements as detailed on the signed Agreement. Antea Amoroso Design agrees to provide services according to the terms of the signed Agreement.

 

Terms

Services: AAD shall provide Client with services and/or products ("Services") as detailed in signed agreement. If agreement is not signed, payment of deposit shall constitute acceptance of these Terms and Disclosures. Email, text, or voicemail acceptance is also permitted.

 

Location of Services

Location: AAD shall provide Services on date and times listed on signed Agreement, and at location(s) listed on the signed Agreement. AAD will arrive approximately 30 minutes prior to scheduled event time to set up. Client shall have electricity available nearby for engraving equipment, if applicable.

 

Delivery of Services: AAD has reserved date(s) on their calendar as noted on signed Agreement, and will provide all Services on the event date unless otherwise specified in this Agreement. When the provided Services are tied to the number of guests that Client expects to attend Client's wedding or other event, Client agrees to notify AAD with an accurate guest count. Current guest count for Client's project is estimated on the signed Agreement. Client will provide a confirmed guest count and a list of guests’ names to AAD by date listed in schedule on signed Agreement, when applicable.

 

Cost, Fees and Payment

Cost: Payment for all services shall be payable according to the schedule listed on the signed Agreement, according to the following general outline.

 

On-Site Services: $50 non-refundable deposit to hold space in calendar, to be paid by Agreement date. Total Balance Due is payable within 7 days of event date

 

FOR ON-SITE CALLIGRAPHY AND/OR ENGRAVING ENGAGEMENTS: The initial $50 deposit is a non-refundable retainer. At a minimum, Client agrees that the retainer fee fairly compensates AAD for committing to provide the Services and turning down other potential projects/clients. The comprehensive expense ("Total Cost") covering all Services at the hourly rate, along with any supplementary products essential for the event, after deducting the $50 deposit, must be remitted in its entirety no later than 7 days preceding the event date as stipulated within the signed Agreement. Payment for all services may be payable to AAD via Invoice using Credit Card or Cash. Billing will reflect the actual costs incurred. Client requested changes will be billed separately.

 

LATE PAYMENT

Client’s failure to pay any invoice within twelve (12) days from the date the invoice was sent by AAD, shall be in breach of their Contract and Calligrapher shall have the right to discontinue providing Services until such unpaid invoices are paid in full. Client’s failure to pay any invoice is also a breach of this agreement and Calligrapher reserves the right to terminate the agreement in its entirety.

All grants of any license to use or transfer ownership of any intellectual property rights under this agreement are conditioned on full payment, including all outstanding additional costs, expenses, fees, or any other charges.

 

Exclusivity

Exclusivity: Client understands and agrees that he or she has hired AAD exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that AAD hires to complete the services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.

 

Intellectual Property

Copyright Ownership: Services provided by AAD in accordance with this Agreement are copyrighted, and AAD owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by AAD and may be used in the reasonable course of AAD’s business.

 

Permitted Uses of Product(s): AAD grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides AAD with attribution each time Client uses AAD’s property. Personal use includes, but is not limited to, use within the following contexts: • In photos on Client’s personal social media pages or profiles; or • In personal creations, such as a scrapbook or personal gift; or • In personal communications, such as a family newsletter or email or holiday card. If Client wishes to use the product for non-personal use, please contact AAD to determine additional cost (requiring a new Services Agreement and possibly a Calligraphy Artistic Release or Artist Licensing Agreement).

 

Style: Client has spent a satisfactory amount of time reviewing AAD’s work and has a reasonable expectation that AAD will perform the Services in a similar manner and style unless otherwise specified in this Agreement.

 

Consistency: AAD will use reasonable efforts to ensure Client's desired services are produced in a style and manner consistent with AAD’s current portfolio and AAD will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that: Every client is different, with different tastes, budgets, and needs; • Services are often a subjective art and AAD has a unique vision, with an ever-evolving style and technique; • AAD will use its artistic judgment when providing services for Client, which may not include strict adherence to Client’s suggestions; • Although AAD will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, AAD shall have final say regarding the aesthetic judgment and artistic quality of the Services; Dissatisfaction with AAD’s aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

 

Usage of Rights: AAD retains all artistic rights to the live lettering designs created during the event.The Client may share images of the live lettering event and/or artistic creations on social media platforms, provided proper credit is given to AAD. If sharing on Social Media, please tag @anteaamoroso.

 

Limit of Liability

Maximum Damages: Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by AAD.

 

Indemnification: Client agrees to indemnify, defend and hold harmless AAD and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) AAD provides to Client.

 

Cancellation, Rescheduling and No-Shows

Cancellation, Rescheduling of Services or No-Show Client: If Client desires to cancel services, reschedule services, or if it becomes impossible for AAD to render services due to the fault of the Client or parties related to Client, such as failure of the event to occur or failure of one or more essential parties to the event to show up in a timely manner, Client shall provide notice to AAD as soon as possible via email. AAD has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for AAD to provide the Services due to the fault of Client (or parties related to Client), and AAD will not be obligated to refund any monies Client has previously paid towards the Total Cost. Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the event, or should it become impossible for AAD to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if AAD is able to secure another, unrelated client for Client’s contracted but unfulfilled date of service, then AAD may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost.

 

Impossibility

Force Majeure: Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to: A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

 

Failure to Perform Services: In the event AAD cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will: Immediately give Notice to Client via email; and Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and Excuse Client of any further performance and/or payment obligations in this Agreement.

 

General Provisions

Event Requirements: Equipment and Setup Requirements:

AAD’s operational needs are unobtrusive and uncomplicated. Unless provided for, AAD has a pop-up table is aptly designed to accommodate both hand lettering and engraving services, aligning with the service preference chosen for the event. Of note, the artist's logo is affixed to the front of the table, serving as an introduction to the artist for attending clients. The spatial footprint of this setup spans approximately 4 feet, ensuring its adaptability to more constrained retail spaces or venues. In instances where the event or venue is characterized by subdued lighting conditions, AAD has taken provision by including a compact lamp, sufficient to ensure optimal visibility during the lettering process. Moreover, AAD arrives equipped with a portable electricity source, allowing for flexibility in electrical arrangements. It is appreciated if the event space can provide access to an electrical outlet, where available.

To facilitate a smooth and efficient setup and dismantle process, AAD kindly requests the provision of a chair and a designated parking space in proximity to the event location. These considerations contribute to ensuring a seamless transition of equipment. Your cooperation in fulfilling these requirements is greatly valued.

 

Governing Law: The laws of Massachusetts govern all matters arising out of or relating to this Agreement, including torts.

 

Severability: If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

 

Notice: Parties shall provide effective notice (“Notice”) to each other via mail or email at the date and time which the Notice is sent:

 

Merger: This Agreement constitutes the final, exclusive agreement between the parties and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements, including verbal exchanges, between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

 

Amendment: The parties may amend the signed Services Agreement only by the parties’ written consent via proper Notice.