For and in consideration of the respective agreements herein, receipt and sufficiency of which valuable consideration is hereby acknowledged, Art with Alex, LLC DBA Mountain Cane Media (“Mountain Cane Media”), and (the “Client”) agree to be bound as follows.
Mountain Cane Media agrees to the deliverables as outlined in the previous proposal for the Client.
The Client understands and agrees that the services to be provided by Mountain Cane Media involve a degree of artistic and literary creativity and professional judgment and that Mountain Cane Media cannot and does not guarantee any specific results hereunder. Mountain Cane Media does not assume any legal responsibility for the content.
All content in its published form created for this project is the intellectual property of the Client, to whom the copyright belongs, and the Client guarantees they have the full rights to any content given to Mountain Cane Media for use in this project. Any systems, workflows, and processes created by Mountain Cane Media remain the intellectual property of Mountain Cane Media and we extend the right for the Client to use them within their project management system, however they are not to be shared or resold by the Client.
This Agreement is not an employment agreement. At all times, Mountain Cane Media will act and perform services as an independent contractor. Nothing in this Agreement should be deemed or interpreted to render Mountain Cane Media as an employee, partner, agent, or joint venture of Client.
Mountain Cane Media shall have no authority to enter into any binding agreement on behalf of the Client or hold himself/herself out as having the authority to enter into agreements on behalf of the Client. As an independent contractor, Mountain Cane Media is not entitled to any employee benefits from the Client.
Mountain Cane Media will not be liable to you for lost profits or other special or consequential damages of any kind, nor will we be liable to you for direct damages unless caused by our gross negligence or fraud. The maximum damages payable to you, in any event, will not exceed the amount of fees actually invoiced and paid to us in connection with the project in question.
The parties consent to personal and exclusive jurisdiction and venue in the State or Federal courts for Roanoke, Virginia, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
The effective date of this agreement is the date payment was submitted.
No refunds on work delivered.
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