Please make sure you read and fully understand the Client Agreement before booking your Design Day.
By signing this agreement, you (“Client”) agree to retain Polly Sla (“Service Provider”) to proceed with branding and/or design services for a design intensive, packaged under Design Day, and agree to the terms and conditions as set forth in this Agreement.
During this intensive, Service Provider agrees to devote up to 7 hours on assignments to be determined by Client, as well as 45 minutes for a pre-intensive strategy call, 1 hour for post-intensive “fix” support and 30 days of post-intensive email support. Work will be performed at the offices of Service Provider, but occasionally may take place at other locations, as required. Work priority and scheduling will be at the discretion of Client. Work will normally occur between the hours of 8:30am – 3:30pm Pacific Time on weekdays.
During the 30 days of post-intensive support, the Client will be able to email Service Provider with any questions or concerns about the work that was performed during the intensive, and will receive a reply via email or video tutorials. This support does not cover additional design or website work that exceeds what was done during the intensive. If the Client has additional work that needs to be performed, Client will have the option to book another day or a half-day intensive at the current full day or half day rate.
Payment for these services for the first Design Day will be to Service Provider at the rate of $1,200. A non-refundable deposit of $700 will be due at the time of booking this appointment. The remaining balance of $500 must be paid two (2) days prior to the appointment in order for services to be provided. All monetary amounts referred to herein will be paid in US Dollars.
Design services in addition to the intensive will be made available by Service Provider at the current daily or half-date rate, and will be billed separately. Any expenses exclusive of normal overhead are not included in this agreement and will be billed separately. Examples of such expenses are: stock images, premium font licenses, and 3rd party application services. Website Design Day clients will have access to the Service Provider’s Elementor Pro license for 12 months after the Design Day intensive if the site was built with Elementor Pro. After the 12 months expire, the Client must purchase their own Elementor Pro license.
The results of any and all work performed by Service Provider for Client, including original creative work, will remain the property of the Client. Client may use this material in any way deemed appropriate.
Client understands that any written statements, images, audio recordings or video recordings of Client while participating in the intensive and made on behalf of the Service Provider may be used in connection with publicizing and promoting the Service Provider. Client authorizes the Service Provider to use their name, brief biographical information, and the written or recorded statements.
Non-refundable Payment Policy
This purchase is non-refundable, but the $700 deposit may be transferred to another date or service with 7-days prior written notice. The Client’s deposit is valid for 90 days, and must be used within that timeframe. In the event the intensive fails to occur within 90 days, or the Client fails to request a new date at least 7 days prior to their booked appointment, the deposit will be forfeited, and the intensive will be terminated. If the Client wishes to reschedule beyond 90 days, the original deposit may, at the Service Providers discretion, be applied to a new booking at the current intensive rate, which may or may not be higher than the original booking rate.
Capacity / Independent Contractor
It is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee. The Service Provider and the Client acknowledge that this Agreement does not create a partnership, joint venture, agency, or employment relationship between them.
Indemnification and Liability
The Client shall indemnify the Service Provider from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action by a third party due to materials included in deliverables at the request of the client. The services and the work product of the Service Provider are sold “as is.” The Service Provider is not liable for any website issues or problems that may occur if the Client made any changes to the website during the design process or after the website is launched. Changes may include but are not limited to: making revisions to the website, installing or deactivating plugins, granting access to third party applications, or making any changes to the web development files. In all circumstances, the maximum liability of the Service Provider to the Client for damages for any and all causes whatsoever, and Client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the compensation paid by the Client to the Service Provider. In no event shall the Service Provider be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by the Service Provider.
Governing Law / Forum
This Agreement shall be construed in accordance with the internal laws of the State of Washington, without regard to conflict of laws and rules. Venue shall be in a court of competent jurisdiction in the State of Washington, and both parties expressly consent to jurisdiction in such courts.
Completed Contract / Amendment
This Agreement supersedes all prior agreements and understandings between the parties for performances of the Services and constitutes the complete agreement and understanding between the parties. Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by both parties.
The Client fully understands that the Service Provider is being booked for the day, not a set of deliverables. What can be accomplished depends on how responsive the Client is and how many revisions are requested throughout the day.
Last Updated: 11/01/2020