Brand Design Agreement
This Agreement is between Marin Design Agency, LLC (“Designer”) and the purchaser (“Client”) of the listed services. By completing your purchase, you confirm that you have the authority to enter into this agreement and agree to the terms outlined herein.
Project Overview
We are excited to propose a partnership with you. At Marin Design Agency, we specialize in bespoke visual and strategic solutions aligned with our clients’ values and visions. Our expertise in brand strategy, logo design, and website design helps elevate visibility and consumer engagement while creating materials that reflect your mission and foster meaningful brand recognition.
1. Deliverables
Project deliverables are defined by the package selected and outlined on the Stripe product page at the time of purchase. Please refer to that page for a complete list of what’s included. Any requests beyond those deliverables will be considered additional scope and billed separately.
2. Payment Terms
- 100% of the project fee is due prior to the project start. Payment is non-refundable once work begins.
- Final deliverables will be released only after full payment is received.
- All payments will be invoiced electronically and must be paid in U.S. dollars unless otherwise agreed in writing.
3. Additional Scope & Fees
Any requests or services beyond the listed deliverables—such as new concepts, added materials, extra revisions, or rush work—will be considered additional scope. These can be quoted at the time of request and require advance payment before new work begins or final files are delivered.
4. Client Timeline
Client agrees to provide timely feedback, approvals, and all required materials to maintain the project schedule.
5. Ownership and Usage Rights
After full payment clears, all rights to the approved final logo and design deliverables will transfer to the Client. The Designer retains the right to display the work in portfolios, marketing, and publications.
6. Trademark & Legal Notice
Once ownership is transferred, the Client is solely responsible for any trademark and/or copyright registration of the logo or brand identity, should they elect to file one.
Trademark registration is optional and can help protect the Client’s brand name, logo, and overall likeness from being used by others in a similar market. Trademarking is a legal process, and the Designer recommends consulting a qualified attorney for guidance. The Designer’s team are not attorneys and can provide referrals to trusted trademark professionals upon request.
7. Project Commitment
Both parties agree to work in good faith toward the successful completion of the project. Full payment is required upfront to reserve the Designer’s time and calendar. This payment is non-refundable once work begins. The Client agrees to actively participate by providing complete information, timely communication, and thoughtful feedback to ensure strong strategic and creative outcomes. All decision-makers must be involved throughout the project—from intake and strategy through concept reviews—to ensure alignment and avoid delays. If unforeseen circumstances arise, the Designer will work with the Client to find a fair and reasonable resolution.
8. Color Representation Disclaimer
Printed materials may appear less vibrant than digital files due to the conversion from RGB (web) to CMYK (print) color spaces. This shift is standard and expected in print production. Color may also vary across screens due to differences in individual monitor settings, screen types, and calibration. Clients are encouraged to calibrate their monitors before reviewing designs to reduce discrepancies in color perception.
9. Pantone Matching & Print Accuracy
When provided, suggested PMS (Pantone Matching System) values are derived from the closest possible HEX color approximations and may not have an exact Pantone match. The Client is advised to compare suggested PMS values with a physical Pantone book or swatch prior to any print production, as on-screen Pantone representations are not always reliable for judging final print color accuracy.
10. Contact & Scheduling
Designer is available by appointment via Zoom. Emails are answered within 3 business days during the work week; messages received after 6 PM EST, weekends, or U.S. holidays are considered received the next business day.
11. Accepted Payments
Designer accepts Visa, Mastercard, Discover, American Express, bank wires, ACH transfers, or checks. Cash or money orders are not accepted.
12. Credit Card Authorization
Client authorizes Designer to charge the same card used for the initial payment for any approved additional fees, including extra concepts, revisions, or rush requests.
13. Refund Policy
All sales are final; no refunds are issued once the project has begun.
14. Chargebacks
Client agrees not to dispute authorized or valid payments made under this agreement. In the event of a concern or dispute, the Client agrees to first notify the Designer and allow an opportunity to resolve the issue directly before initiating a chargeback. Any chargeback will make the Client responsible for related bank and collection fees, and the account may be sent to collections.
15. Delayed Payment
Invoices not paid within 30 days will incur a 5% monthly late fee. After 60 days, the Designer may pause all work, withhold all deliverables and ownership rights, and refer the account to collections if necessary.
16. Warranty, Ownership & Indemnification
Client warrants all materials provided are owned or properly licensed and agrees to hold Designer harmless from related claims. Designer warrants all work and/or elements used in the work are either original or properly licensed for commercial use. Full ownership of final deliverables transfers to Client only after all payments clear; Designer retains portfolio display rights.
17. Nondisclosure
Both parties agree to keep each other’s materials and information confidential. Client may not share drafts, proofs, or design concepts without written consent or a purchased artwork release.
18. Force Majeure
Designer is not liable for delays caused by events beyond reasonable control, including illness, natural disasters, power outages, or other unforeseen disruptions.
19. Project Expiration
If the Client becomes unresponsive or fails to provide required materials or feedback for more than 30 days at any stage of the project, the Designer reserves the right to consider the project abandoned. In that case, the Designer will be released from all obligations, and no refunds will be issued.
19. Legal Provisions
If any part of this agreement is found unlawful or unenforceable, it will be severed without affecting the validity of the remaining terms.
20. Arbitration
Both parties agree that any dispute arising from this agreement will be resolved through binding arbitration under Florida law, and the decision of the arbitrator will be final and enforceable.
21. Entire Agreement
This agreement cannot be transferred without the Designer’s written consent and remains valid until the project is complete. It is governed exclusively by the laws and courts of Tampa, Florida, USA.
