Terms of Service
Jun 18, 2024Frow Life Investments Limited T/A Lana Mari Design or Lana Mari mentioned herein as {Lana Mari} are all the same.
PAYMENT
As consideration for Lana Mari’s performance of
the Services, you agree to pay Lana Mari the flat-
rate design, coaching or consulting fees set forth in the Statement of Work
(the “Design Fees”). All Design Fees are payable upon
execution of this Agreement. Lana Mari will not
begin performance of any Services until all Design
Fees are paid in full. All Design Fees and other amounts
payable hereunder are nonrefundable.
ADDITIONAL SERVICES
In the event that Lana Mari agrees to any request by
you for expansion of the scope of Services outlined in
the Statement of Work, which request may be accepted
or rejected by Lana Mari in it is sole discretion,
Lana Mari will update the Statement of Work to
reflect the additional design fees associated with such
additional work. Unless otherwise established in this
Agreement, such as with respect to additional Change
Requests, all additional fees shall be determined by
Lana Mari at the time of your request and in its sole
discretion. Lana Mari will not begin performance of
any additional work until all additional fees are paid in
full.
COPYRIGHT
Lana Mari is the author and owner of the
Deliverables and all designs created or used under
this Agreement, and retains the copyright and any
other rights in those designs, as implemented in your
Project . This includes, but is not limited to, the right
to reproduce, publish and display its designs in Lana Mari’s
portfolios and websites, and in galleries, design
periodicals and other media or exhibits for the purposes
of recognition of creative excellence or professional
advancement, and to be credited with authorship of its
designs in connection with such uses.
INDEPENDENT CONTRACTOR
Lana Mari is an independent contractor, not your
employee or that of any company affiliated with you.
Lana Mari shall provide the Services under your
general direction, but Lana Mari shall determine,
in Lana Mari’s sole discretion, the manner and
means by which the Services are accomplished. This
Agreement does not create a partnership or joint
venture and neither party is authorised to act as agent
or bind the other party except as expressly stated in
this Agreement. Lana Mari and the work product
or Deliverables prepared by Lana Mari shall not
be deemed a work for hire as that term is defined
under Copyright Law. All rights, if any, granted to you
are contractual in nature and are wholly defined by
the express written agreement of the parties and the
various terms and conditions of this Agreement.
You agree to take no action which is intended, or would
reasonably be expected, to harm Lana Mari’s
reputation, or which would reasonably be expected
to expose Lana Mari to unwanted or unfavourable
publicity.
NO SOLICITATION
During the term of this Agreement , and for a period of
eighteen (18) months after expiration or termination of
this Agreement , you agree not to solicit, recruit, engage
or otherwise employ or retain, on a full-time, part-time,
consulting, work-for-hire or any other basis, any Lana Mari
employee, designer, or staff, whether or not such
person has been assigned to perform tasks under this
Agreement. In the event such employment , consultation
or work-for-hire event occurs, you agree that Lana Mari
may, at its option, require that you pay to Lana Mari
an agency commission equal to the greater
of (a) 25% of the person’s starting salary with you, or
(b) 25% of fees paid to the person, if engaged by you as
an independent contractor. In the event of (a) above,
payment of the commission will be due within 30 days of
the employment starting date. In the event of (b) above,
payment will be due at the end of any month during
which the independent contractor performed services
for you. Lana Mari, in the event of nonpayment and
in connection with this section, shall be entitled to seek
all remedies under law and equity. The remedies set
forth in this section and in this Agreement are non-
exclusive, and are in additional to all other remedies
available to Lana Mari at law or in equity.
TERM & TERMINATION
Unless sooner terminated as provided for herein, this
Agreement shall commence upon the Effective Date and
shall remain effective until the earlier to occur of (i) the
expiration of the Accessibility Period, or (ii) the date that
is 6 months after the Effective Date. This Agreement
may also be terminated at any time by a party, effective
immediately upon notice, if the other party breaches
any of its material responsibilities or obligations under
this Agreement, which breach is not remedied within ten
(10) days from receipt of written notice of such breach.
PERMITS; COMPLIANCE
You are responsible for permitting and any and all
approvals and compliance required by all laws, any
governmental agency, and any private organisation
with jurisdiction or contractual rights over your Project .
Lana Mari does not warrant or guarantee that
its designs will comply with any permit, law, or land
covenant or restriction.