BORN CREATIVE

Terms of Service

Jun 18, 2024

Frow 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.