Terms and Conditions

1. Project Description

The Creator has agreed to provide content creation services for the Company as more particularly described in this Agreement and the parties agree that such services and materials shall be supplied in accordance with the terms of this Agreement.

1. Creator Obligations

The Creators responsibility is to perform the following duties as mutually agreed by both Parties: (a) Create and edit Videos/Photos content in line with Brand project brief. Any video content will be uploaded both with and without music. (b) co-operate with the Company (and any third parties participating in the creation of the Materials and/or the Campaign) and comply with the Company’s reasonable instructions in respect of the Campaign; (c) use reasonable care and skill in the provision of the Services; (d) devote such time and resources as are necessary to provide the Services to the Company in accordance with this Agreement and the Brief (e) ensure that the Content comply’s with the Brief and any reasonable instructions given by the Company in relation to how the Brand should be referenced in the Content.

3. Client’s Obligations

During the term of this Contract, the Client hereby agrees to provide all the necessary details to the Creator in order to perform the services.

1. Payment

Creators will be paid within 10 working days of uploading approved content.  The creator agrees that Innovate Creative Agency will take a 20% fee from their price, as an introductory fee.

1. Term

This Contract shall start on the [Date] and shall continue until the termination of this contract.

1. Termination

This Contract may be terminated by either Party as follows:

• Upon 10 days prior written notice to the other Party, from the service completion date, with or without cause
• Upon the breach of any terms and conditions mentioned herein the Contract
• Upon completion of the services by the Influencer and full payment by the Client, with written notice.

1. Confidentiality

The Parties to this Contract agree that each shall treat private information such as strategies, PR and campaign and content plans, that may be provided by either Party during the term of this Contract strictly confidential. All such confidential information exchanged between the Parties, shall be used solely for the purposes of rendering services pursuant to this Contract and, shall not be disclosed to any third party without the prior written consent of either party.

1. Limitation of Liability

Neither Party shall be liable to the other for any indirect, special, or consequential damages arising out of this Contract.

1. Exclusivity

The Creator shall provide the services exclusively for the Brand through Innovate Creative Agency and will not take up any other projects with the brand outside of Innovate Creative Agency. The Creator is not limited to work solely for Innovate Creative Agency, only where an introduction to a brand has been made through the company’s services.

1. Relationship of Parties

Nothing contained in this Contract shall be taken to establish any partnership, joint venture, or employment relationship. It is hereby understood and agreed that the Creator is an independent contractor.

1. Indemnification

The Parties each agree to indemnify and hold harmless against any losses, claims, damages, penalties, liabilities, punitive damages, expenses, reasonable legal fees of whatsoever kind or amount, which result from the negligence or breach of this Contract by the indemnifying party, that occurs in connection with this Contract. This section remains in full force and effect even after the termination of the Contract.

1. Intellectual Property Rights

The Client has full ownership of all the copyrights to the services provided for the Client’s brand upon completion of payment to the Creator. The Creator will have limited rights to the content during the term of this Contract, after the full and final payment is made and may use such content only upon express written consent of the Client or as mentioned herein the Contract.

1. Arbitration

In the event of any dispute arising in and out of this Contract between the Parties, it shall be resolved by Arbitration. The Arbitrators’ decision shall be final and will be binding upon both Parties.

1. Miscellaneous
2. Assignability: Neither Party may assign this Contract or the rights and obligations thereunder to any third Party without the prior express written approval of the other Party which shall not be unreasonably withheld.
3. Notices: Any notice required to be given to the Creator shall be delivered by certified mail, personal delivery, or overnight delivery paid for by the Client.
4. Force Majeure: Neither Party shall be liable for any failure in performance of the obligation under this Contract due to cause beyond that Party’s reasonable control (including and not limited to any pandemic, fire, strike, act or order of public authority, and other acts of God) during the pendency of such event.
5. Modification: No modification of this Contract shall be made unless in writing, signed by both Parties.
6. Severability: If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, all other terms will remain in full force and effect, until the contract termination.
7. Legal and Binding Contract: This Contract is legal and binding between the Parties as stated above. The Parties each represent that they have the authority to enter into this Contract.
8. Entire Contract: This Contract constitutes the entire understanding of the Parties, and revokes and supersedes all prior contracts between the Parties, and is intended as a final expression of their Contract. It shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to this Contract. This Contract shall take precedence over any other documents which may conflict with this Contract.

Acceptance and Signature By signing up as a creator to Innovate Creative Agency you are accepting these Terms & Conditions