BluePoint Living Film Project – Phase 3: Still Renders
The following sets out the Contract between me, Matt Jones Tech Services, LLC and you, BluePoint Living, LLC where Matt Jones Tech Services, LLC is serving as an independant contractor to BluePoint Living, LLC
I’ll always do my best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract, you won’t find any complicated legal terms or long passages of unreadable text, and I have no desire to trick you into signing something you might later regret. What I do want is what’s best for both parties, now and in the future.
So in short:
You (BluePoint Living, LLC), located at 13902 N Dale Mabry Hwy Suite 122, Tampa, FL 33618 are hiring me (Matt Jones Tech Services, LLC) located at 37951 Coleman Ave, Dade City, FL 33525 to create high resolution 3D models of three (3) smart environments for the estimated total of $3000 as outlined in our previous correspondence. Of course it’s a little more complicated, but we’ll get to that.
What do both parties agree to?
You: You have the authority to enter into this contract on behalf of yourself, your company, or your organization. You’ll give me everything I need, like reference material, to complete the project as and when and in the format I need it. You’ll review my work, then provide feedback and approval in a timely manner. Deadlines work both ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
Us: I warrant that, to the best of my knowledge, I have the experience and the ability to do everything I’ve agreed with you, but I would also like to make clear that there can be unexpected software limitations and other limitations that come up over the course of the project, at which tim ewe can discuss a course of action. I will also do the work in a professional and timely manner, and endeavour to meet every deadline that’s set. On top of that, I will maintain the confidentiality of everything you give me.
Getting down to the nitty gritty
What I’m creating for you
A detailed 3D model of three (3) smart environments (Smart Gym, Smart Home Healthcare, and Smart Kitchen) modeled to your exact specifications (to scale) based on blueprints you provide. The models will not only feature the room layout (wall height and length in real-world dimensions), but will also include everything to make the room feel “lived in” including detailed furnature, trinkets, and decor. I will also create a few different lighting setups to demo each space (early morning/late afternoon, night, and midday).
Work in Progress Materials
You agree not to use any models, images, screenshots, etc. provided by me to you to review in any other way but to give feedback to me, and you understand these are for review purposes only. If you would like to use any of these Work In Progress materials for anything else, I can give you a fair price for them at that time.
Changes and Revisions
I know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. I also don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time I estimate I’ll need to accomplish evertyhing you’ve told me you want to achieve, but I’m happy to be flexible. If you would like to make any changes before the project (Phase 1) is finished, I would be happy to make up to 2 small revisions of the project for free. Any revisions beyond this point will take a separate estimate.
In the case of there being any large changes throughout the course of the project or changes to the project scope, a separate estimate will have to be given for those as well, even if you have not used any free revisions. I can also provide a separate estimate if you would like any changes after the project is finished.
Just for the sake of clarity, a revision would be anything added or changed in the project that was not in the original plan I did the estimate for.
Although I strive for perfection and will always do my best, I can’t guarantee that my work will be error-free and so I can’t be liable to you for any third-party damages, including lost profits, lost savings or other incidential, consequential, or special damages, even if you’ve advised me of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforcability of any remaining provisions.
First, you guarantee that all elements of models, text, images, or other artwork that you provide are either owned by your good selves, or that you have permission to use them. You also agree to indemnifiy and not hold me responsible for any and all claims, costs, and expenses, including attorney’s fees, due to there being materials included in the Final Work, at your request, that you did not have permission to use or are using in a manner that exceeds the original permission granted.
You agree that, until payment is made in full to me, I retain all rights for the project, except for the materials covered by a NDA or that were already owned by you. (We haven’t discussed an NDA, so that part does not currently apply.) Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You own the final version of what you hired me to create, and I will give you the individual elements that make up the Final Design, unless they were already owned by you or if those individual elements are what I have created for you, like a model, or custom texture on the model.
I love showing off my work and sharing what I’ve learned with others, so I reserve the right to show and link to what I have created for you as part of my portfolio and to write about it on websites, in magazine articles, and in books, unless otherwise stated by you.
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule as outlined below.
You agree to pay 50% of the total estimated fee upon agreement of the initial design: $1,500 (Deposit Fee)
Remainder of fee payable not more than 7 days after receipt of the finished product: $1,500 (Remainder of Fee)
At the end of the project, I will send an invoice to you, which should be paid within 7 days. If it’s not paid within 7 days, 5% of the outstanding amount will be added every 7 days, starting from the 8th day after receipt of the finished product.
Cancellation of Project
In the event that you cancel the project, you agree that I will keep the deposit fee. If the percentage of the total work done is above the deposit fee percentage, you also agree to be billed an additional amount according to the percentage of work done, minus the deposit fee percentage. So if the deposit fee is 50%, and I’ve done 70% of the project, you agree to be billed an additional 20% of the total project fee.
My relationship with you will be that of an independent contractor, and nothing in this agreement is intended to, or should be construed to, create a partnership, agency, joint venture, or employment relationship. I also retain the right to establish schedule and work routines, serve other customers and clientele, and retain all decision authority in relation to myself.
But where’s all the horrible small print?
Just like a parking ticket, you can’t transfer this contract to anyone else without my written permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforcable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Florida State courts.