The Thatchery's Terms and Conditions
This contract is between The Thatchery, LLC (“Artist”) and the Author, ("Client") for the purpose of designing and creating a book cover (eBook & Print) (“Work” or “Book”) or audio book cover (Digital & Physical) ("Work" or "Book"). The Client and Artist may be referred to herein individually as a “Party” or collectively as the “Parties”. This contract is entered into in good faith and upon signature by the Parties indicates acceptance of this contract and the terms described herein.
The Client agrees to pay the Artist all sums due. A non-refundable fifty percent (50%) deposit will be payable upon signing this Contract, with the balance of payment due within five (5) business days of the completion of the final Cover design. Payment will be made via Stripe or PayPal. Final Cover images (PDF and JPEG only) will be released to the Client after receipt of final payment. If the Client chooses to cancel the contract after being added to Artist's schedule, they forfeit the deposit and may incur additional fees for any completed work.
- Declares she has procured or shall procure all proper rights and licenses for all images used in creation of the Work prior to delivery of the work.
- Shall retain her copyright of the Work to the Client upon final payment receipt.
- Shall retain a limited use of license in an Work created for use in advertisements, promotion, or portfolio use, unless otherwise agreed to in writing.
- Acknowledges she does not own or have right to the Work, nor will she receive any royalties containing the Work.
- Shall treat all information about the Book's content as Confidential and not cause or permit such Confidential Information to be disclosed to any third party, until the Book is published online by the Author.
The Artist hereby represents and warrants:
- She is the creator and copyright holder of the Work until such time as the copyright vested in the Author or Author's Agent by completion of this contract.
- The Work does not infringe any copyright, privacy rights, or legal rights of a third party.
- The Work does not contain any unlawful material.
- Shall keep any developmental or proof versions of the Work private and confidential absent written permission of the Artist.
- Shall respond to emails and inquiries from the Artist within one (1) business day.
- Shall accept the Work on an "As-Is" basis once the Client has approved final copy of the Work, with any further revisions after acknowledgement of acceptance being treated as a new Work contract.
In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the Parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.
The terms of this agreement shall be interpreted according to the laws and legal jurisdiction of the State of Tennessee, USA.
Once the client has read and agreed to The Thatchery's terms and conditions as stated above, please click "I agree" and submit.