This information has been prepared to help you understand the standard practices and policies of our firm. We realize that this may be a lot to read, but it is recommended that you do read and understand it prior to beginning any project. It is essentially a contract between yourself and Air'n Art Designs. 

If you have questions about anything outlined here, please contact us for clarification. We encourage potential clients to print this section out for their reference.

Please Note: Proceeding with, or deposit for, a project will be construed as acknowledgment and approval of these policies and standards. 

Air'n Art Designs adheres to the Graphic Artists Guilds' "Code of Fair Practice for the Graphic Communication Industry". As a prospective client, please familiarize yourself with these codes of ethics and fair practice.

Mission Statement

"o unto others as you would have others do unto you."

As simple as it seems, this is the basis to conduct any relationship. If we can help your organization to succeed then we have succeeded.

Value-priced services and a wealth of experience, balanced with compassionate interpersonal virtues and ethical business practices is the fundamental core of Air’n Art Designs, Inc.

Our clients and the practical implementation of a functional design are key to the success of Air’n Art Designs and is our initiative.

Just as air is vital to life, art and form are tangible and essential elements of any functional design.

We look forward to applying these tools, and our experience with them, to serving you!

Owner / Designer

Money Matters

Air’n Art Designs is a design and consultation firm.

As such, our major products are our time and talent and are NOT "work-for-hire" or other such term. It is our experience and talent that you have contracted for in your relationship with us.

Like your attorney or accountant, we charge you by the hour for the time it takes to serve your needs. As you assign or approve projects for us to develop and implement for you, we will open a project file for each one. Our time and expenses will be accounted for by project.

Air'n Art Designs is not an engineering firm. If your project requires engineering or other certification, we can sub-contract those services for you. It is most practical, however, if you contract those services yourself. It is your responsibility, and in your best interest, to have the designs we create from your direction verified and/or certified, trademarked, copyrighted, and patented. It is also your responsibility to have any content provided to us verified as to legal right and correct copyright and patent use. This includes, but is not limited to all content, pictures, video, audio, mechanical devices, mechanisms, systems of any kind, trademarks, and inventions. We assume no responsibility for your failure to do so.

Cancellation or "Kill" fees

A "Cancellation-Kill Fee" is a fee paid by the client to the artist or contractor when the client does not use the work. "Kill fee" is a general term that covers two types of payments: a cancellation fee, and a rejection fee.

Cancellation Fee

A cancellation fee will be paid when the work satisfies the client's stated requirements, but the client decides, for reasons outside our control, not to use it.

For example:

- the work was intended to accompany an article that has been killed;
- unforeseen space limitations don't leave enough room for the work.

Rejection Fee

A rejection fee should be paid when the work does not satisfy the client's stated requirements. When this happens, the causes are, in theory at least, within our control.

For example:

- the artwork unexpectedly deviates from the artist's traditional style;
- the final work is not consistent with the preliminary sketches or roughs that were accepted by the client.

NOTE:

• The rates outlined above, or others with specific conditions, are subject to change (prior to contract or job acceptance)

• Rates, which are intrinsically linked to outside products, services, or mediums, are subject to change

• Estimates can be assumed valid for up to 30 days from date of estimate

• There is a minimum or nominal charge (see rate schedule) of one hour

• A Rush/Overtime Charge will be incurred on projects that require time to be devoted to it which exceed our normal business hours or which encroach upon another project, whether it be previously or recently acquired. Generally, a rush charge may be 10%-20% of the overall charges. On extended projects, any work over eight hours in a 24-hr period or more than forty hours in a work week, will receive a standard time and one-half charge of the billing for that work (Please refer to California AB60, "Eight Hour-Day Restoration and Work Place Flexibility Act of 1999"). Work falling on a U.S. standard national, or religious holiday or exceeding fifty hours per work week will be charged double the billing rate for that work.

• We do NOT participate in "Pay-When-Paid" schemes. You are contracting with us to perform a task. When we complete that task we expect to be compensated at that time, not when, or if, you get paid by your client. The Supreme Court has ruled that such practices are illegal. Our vendors expect to get compensated on time and so do we. We are not in business to "fund" your project with our time, talent, and expertise (See Past Due Accounts below).

• All time is charged in ½-hour increments (after the nominal charge)

• Quarter-hour increments or fractions are rounded down to the nearest half-hour

• *Subject to work scope and/or duration. Determined upon Estimate generation and may change if work scope changes or from other influencing variables.

Operating Hours

Air’n Art Design’s standard business hours are, Monday through Friday, 9:00 a.m. to 5:00 p.m. PST. We are closed for all major holidays and weekends. NOTE: Schedules that deviate into these "down-time" periods will be subject to additional charges. See note regarding Rush/Overtime Charges.

General Consulting

Time used in general consulting, planning and account administration that cannot be allocated to a project will be charged as general consulting or administrative time. You will be provided with a detail on your invoice of how this time was spent.

Out-of-Pocket Expenses

Out-of pocket expenses incurred on your behalf are charged to you on your invoice. These include subcontractor services, postage, telephone charges, photocopies, printing, film, travel expenses, messengers, freight, delivery and unusual supplies. These charges vary according to the activities performed.

Ownership of Artwork 

Standard industry practice: The artist owns the original artwork even if rights of reproduction are transferred. Artist, can, on the other hand, sell the original and still keep rights of reproduction. The copyright law clearly states that the copyright is separate and distinct from the material work in which it is embodied. See "Pricing and Ethical Guidelines, 10th Edition".

Return of Artwork

Standard industry practice: When client provides original artwork during the project, contractor is responsible for returning the artwork undamaged.

Right to Modify (Alterations)

The purchaser of rights to art for inclusion in the collective work holds ONLY the copyright in the collective work, not in the underlying contribution (the art) itself. Since altered artwork is in fact a derivative work of the original, if the artist does not grant the right to prepare a derivative work, the client has no right to alter the image. See "Pricing and Ethical Guidelines, 10th Edition".

Alterations to artwork should not be made without consulting the original illustrator, and the Illustrator should be allowed the first option to make alterations when possible. After acceptance of artwork, if alterations are required, a payment is charged over the original amount. Another possibility is to define "alterations" as "cropping and sizing only."

Air'n Art Designs is not responsible or liable for obtaining permissions or establishing usability of materials, mediums, or elements submitted to us by the client. It is the clients' responsibility to secure rights on written copy, photographs and images, artwork, sounds and music, animation, formulae, video or other materials submitted to Air'n Art Designs by the client or their representative(s).

No Assertion Of Rights

It is expressly understood and agreed that, except for the licenses granted the Client under this Agreement, as between Originator (Air'n Art Designs) and Client, all right, title, and interest in and to all original works by Originator vests solely and exclusively with Originator.

Copyrighted Materials

Please note that Air'n Art Designs is not responsible for obtaining copyright permissions for any textual or graphic content submitted to us for use in your project. It is your responsibility to have all rights secured before submitting the content to us for inclusion.

Subcontracts

We may subcontract services (but not limited to) design, rendering, sculpting, research, engineering, CAD drafting and design, coordination, administration and other services. Our subcontractors have a history of both high quality and fast, reliable service, and we are happy to stand behind their work.

Invoices

An invoice issued weekly (or other mutually agreed upon scheduled invoice period) will provide you with an accounting by project of the time used in serving you. Expenses are itemized, as well. All invoices, which are due and payable upon receipt (unless otherwise specified on the invoice or other mutually agreed upon schedule), includes information about the project(s) we worked on as well as the fees and expenses allocated to each. If a more detailed invoice is required, the time required to generate it to your specifications will be charged to you at our nominal hourly rate.

We will try to adjust our schedules and priorities to meet yours. However, a significant change in the scope of your project should be discussed with us so that we can best determine our ability to shift these factors and accommodate your changing schedule and scope. (Please review "Approvals, Changes and Delays" )

This will very likely affect our invoicing schedule to you as well. On extended projects, you will be invoiced weekly.

Because ours is a professional relationship, we expect that you make compensation to us on time. If you do not, we reserve the right to halt work on your projects and vigorously pursue payment until your account is cleared. 

This also means that the commencement of any new work will be delayed while there are any outstanding compensations due from previous invoices or projects.