10) Credit Lines
The Designer and any other creators shall receive a credit line with any editorial usage. If similar credit lines are to be given with other types of usage, it must be so indicated here:
11) Releases
The Client shall indemnify the Designer against all claims and expenses, including reasonable attorney’s fees, due to uses for which no release was requested in writing or for uses that exceed authority granted by a release.
12) Modifications
Modification of the Agreement must be written,except that the invoice may include, and the Client shall pay, fees and expenses that were orally authorized in order to progress promptly with the work.
13) Uniform Commercial Code
The above terms incorporate Article 2 of the Uniform Commercial Code.
14) Code of Fair Practice
The Client and the Designer agree to comply with the provisions of the Code of Fair Practice.
15) Limitation of Liability
Client agrees that it shall not hold the Designer or his/her agents or employees liable for any incidental or consequential damages that arise from the Designer’s failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Designer or a third party.
16) Dispute Resolution
Any disputes in excess of $ 1,500.00 arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbritrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney’s fees, and legal interest on any award of judgment in favor of the Designer.
