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1. Scope of Work
Semerau Studios agrees to provide the requested services as described in the project description. Any additional services requested by the client will be subject to additional charges.
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2. Payment Terms
This section outlines the financial aspects of the agreement, including the general service fee, percentage of sales from advertising, percentage of sales from music, and percentage of sales from merchandise. It ensures both parties are clear on their financial commitments and expectations. It serves to provide a clear understanding of the financial obligations and revenue-sharing arrangements between Semerau Studios and the client, ensuring transparency and mutual agreement on all payment-related terms. Failure to adhere to these terms may result in project delays, additional fees, or termination of services.
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2.1 General Service Fee
Service fees are determined on a case-by-case basis, depending on the urgency, project size, type, and duration. Once an estimate of the project is completed, a separate form covering a breakdown of projected fees will be provided and must be signed by the client.
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2.2 Percentage of Sales from Advertising
For advertising services, Semerau Studios will receive a fixed rate of 12% of all sales generated from advertising campaigns. This percentage is in addition to any service fees.
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2.3 Percentage of Sales from Music
For music-related services, including production, distribution, and promotion, Semerau Studios will receive a fixed rate of 10% of all sales generated from music tracks, albums, and related merchandise.
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2.4 Percentage of Sales from Merchandise
For merchandise sales, Semerau Studios will receive a fixed rate of 15% of all sales generated from branded merchandise, including but not limited to clothing, accessories, and promotional items.
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3. Revisions
The client is entitled to one revision of the work. Any additional revisions will incur extra charges at the rate of 5%.
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4. Confidentiality
Semerau Studios agrees to keep all client information and project details confidential. This includes any proprietary information, trade secrets, or other sensitive data.
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5. Ownership and Attribution
Upon full payment, the client will own the final product. However, Semerau Studios retains the right to use the work for promotional purposes unless otherwise agreed upon in writing. Additionally, the final product must retain the Semerau Studios logo watermark, unless otherwise agreed upon in writing.
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6. Intellectual Property Rights
Semerau Studios retains all intellectual property rights to any preliminary work, drafts, or concepts created during the project. The client will only have rights to the final product upon full payment.
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7. Cancellation Policy
Either party may cancel the contract with 72 hours’ written notice. The client will be responsible for payment of all work completed up to the cancellation date. A cancellation can result in an additional fee, depending on the project, up to $100.
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8. Liability
Semerau Studios is not liable for any indirect, incidental, or consequential damages arising from the services provided.
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9. Indemnification
The client agrees to indemnify and hold harmless Semerau Studios from any claims, damages, liabilities, and expenses arising out of the client’s use of the services provided.
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10. Warranties and Representations
Semerau Studios warrants that the services provided will be performed in a professional and workmanlike manner. However, Semerau Studios makes no other warranties, express or implied, regarding the services provided.
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11. Force Majeure
Semerau Studios shall not be liable for any failure to perform its obligations under this contract if such failure results from circumstances beyond its reasonable control, including but not limited to acts of God, war, strikes, or government regulations.
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12. Non-Solicitation
The client agrees not to solicit or hire any employees or contractors of Semerau Studios for a period of one year following the completion of the project.
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13. Dispute Resolution
Any disputes arising out of or in connection with this contract shall be resolved through mediation. If mediation fails, the dispute shall be settled by arbitration in accordance with the rules of the American Arbitration Association.
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14. Governing Law
This contract shall be governed by and construed in accordance with the laws of the state of NV.