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 until final payment receipt and at that time shall transfer said copyright.
- Shall retain a limited use of license in any Work created for use in advertisements, promotion, or portfolio use, unless otherwise agreed to in writing.
- Acknowledges she does not own or have right or title to the book containing the Work, nor will she receive any royalties for any Book(s) sold containing the Work, or derivative works 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 (2) business days.
- 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.
- Agrees to follow the licensing agreement terms set by third-party image providers for images used in the creation of the Work. If the Client's Work exceeds a print run of 500,000, additional licensing fees are required.
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.
- DUTY OF GOOD FAITH. Parties shall negotiate any changes or disputes in Good Faith and shall use their best efforts to settle the dispute, claim, question, or disagreement, recognizing their mutual interests and attempt to reach a just and equitable solution satisfactory to both Parties.
- DUTY TO MEDIATE. If Good Faith efforts to negotiate a resolution to any dispute, claim, question, or disagreement regarding the Work or this Contract, then parties will engage in Civil Mediation with Tennessee Rule 31 Licensed Mediator prior to engaging in litigation.
- VENUE AND JURISDICTION. This contract shall be controlled by the jurisdiction and laws of the State of Tennessee. The venue for any legal action under this contract shall be in the General Sessions Court of Tipton County, Tennessee for any action with damages less than $25,000 (twenty-five thousand dollars) or in the Circuit Court for the 25th Judicial District at Tipton County for any dispute with damages greater than $24,999.99 (Twenty-four thousand, nine-hundred ninety-nine dollars and ninety-nine cents).
- SEVERABILITY. In the event any provision or part of this Agreement is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Agreement, will be inoperative.
- INTEGRATION: This Agreement contains the entire agreement between the Parties to this Agreement relating to the settlement and transactions contemplated hereby, and supersedes any and all prior agreements, understandings, representations, and statements between the Parties, whether oral or written, and whether by a Party or such Partys legal counsel. The Parties are entering into this Agreement based solely on the representations and warranties herein and not based on any promises, representations, and/or warranties not found herein. No modification, waiver, amendment, discharge, or change of this Agreement shall be valid unless the same is in writing.
- ATTORNEY FEES. In the event that any suit or action is instituted under or in relation to this Agreement, including without limitation to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
Once the client has read and agreed to The Thatchery's Terms and Conditions as stated above, please click "I agree" and submit.