Our agreements with U.S.-based clients are bound by the standard terms and conditions recommended by the AIGA in their AIGA Standard Form of Agreement for Design Services. (AIGA Standard Form of Agreement for Design Services[648 KB])
Our agreements with all other countries, including Canada, are bound by the standard terms and conditions recommended by the Society of Graphic Designers of Canada, in their Sample Contract. (GDC Sample Contract[52.9 KB])
Travel:
If travel required, full or flexible economy ticket (business class for itineraries exceeding 6 hours) from home location, with cancellation insurance, booked by Berman (if purchased by Berman, reimbursed by Client upon presentation of receipts). No party will purchase tickets without getting approval on booking plan from other party first. If traveller drives instead of buying tickets, then government standard mileage reimbursement rates apply. Client will arrange transfers or parking, or reimburse Berman for cost of transfers (e.g. taxis) or parking. For travel outside North America, Client will arrange or reimburse for any necessary visas.
Lodging:
Lodging of Client’s choice, with Internet connection, booked and purchased by Client or Berman (if purchased by Berman, reimbursed by client upon presentation of receipts).
Meals and incidentals:
Meals provided by Client, or allowance of $74 per person-day or current government travel directive rates for the location, whichever is higher. Incidentals paid by Berman. Should there be any other disbursements to be paid by Client, Berman must get approval in advance by client.
Client date change / cancellation and opportunity costs:
Client can cancel bookings outside of 21 days of the planned date, with a $500 cancellation fee per booked date, which client can apply at full value against any future event (minus any date change fee mentioned later in this paragraph). Cancellations within 21 days of the event result in all fees being payable. Cancelling client also pays all expenses incurred to date. Client can change event dates, at least 28 days in advance, contingent upon availability, for a $250 per booked date change fee plus any expenses caused by the date change.
Video/audio recording/broadcasting:
Only with prior consent of Berman. If client videos and/or broadcasts, client will provide a copy to Berman in original digital format within 60 days of events, with rights for Berman to republish, and for review in advance of publication in case any edits are required in Berman’s opinion. Client will secure releases from participants.
Photographing:
Client has unlimited rights to photograph, and will provide Berman a copy of any images within 30 days of events, with rights for Berman to republish.
In general:
Berman retains intellectual property and reproduction rights to all material provided by Berman or recordings made of our presenters. Unless otherwise noted, you have up to 60 calendar days to report any flaws in our work for us to fix them at no charge. 1.25% a month late charge on any balances due.
All deliverables and communications will be in English unless otherwise stipulated.
In the case of any contradictions, government law prevails, followed by the specifics of the agreement, followed by the above cited terms and conditions. All disputes will be remedied by mediation or legal action in the jurisdiction of the Province of Ontario.
Reviewed March 17, 2016