Packaging System Agreement
_____________________,
referred to as the DESIGNER, and _______________________, referred to as the
CLIENT, agree:
DESIGNER shall create a
packaging system, including art, containers, interior packaging for
______________________, a product created by CLIENT.
DESIGNER shall receive
as its fee $_______ (____________ __________ & ____/100 dollars), payable
as follows: _____________________________.
The CLIENT acknowledges
that the goods to be made herein are “custom made goods” as is provided for by
the Uniform Commercial Code.
CLIENT shall provide a
full working model, or production examples of the product to DESIGNER not later
than _________________________. In the event that CLIENT does not deliver the
fully working model or the production examples as provided, the DESIGNER shall
have an equal number of days added to its delivery date for all further work.
The DESIGNER shall
complete all services provided for herein no later than ______________________
subject to any delays provided for herein. Said packaging shall be appropriate
for ________________________, and shall be designed so that on the open market,
using first class vendors, the packaging, in quantity ____________________
shall be readily available for $_____ (___________________ _________________
& no/100 dollars) per unit, as of the date of delivery.
DESIGNER shall provide
a tentative layout of all art and packaging by _____________________. CLIENT
shall immediately approve or comment on the proposed design. DESIGNER and
CLIENT shall cooperate in good faith to agree upon a final design scheme in
keeping with the need to develop a packaging system purchasable within the
budgetary restraints set forth above.
DESIGNER shall deliver
to CLIENT any original artwork, plates or other materials upon final payment.
CLIENT herewith grants to DESIGNER an express lien upon any of CLIENT’s
materials delivered to DESIGNER during the work.
DESIGNER shall deliver
a first prototype of the packaging to CLIENT no later than
_________________________. DESIGNER shall provide upon approval a short run of
______________________ pieces of the packaging.
DESIGNER and CLIENT
shall participate in a testing program to gauge end user acceptance of the
packaging. CLIENT shall provide sufficient personnel to assist in the testing
procedure. Based upon such testing the DESIGNER shall complete final packaging.
CLIENT represents to
DESIGNER that DESIGNER has the right to use of the trade names and trade dress
herein, and will indemnify and hold DESIGNER harmless from all such claims.
DESIGNER represents to CLIENT that the DESIGNER’s work is original work of the
DESIGNER and will indemnify and hold CLIENT harmless from such claims.
Provided, however, that certain packaging which will be recommended by the
DESIGNER is or may be the subject of certain patents, licensed or licensable by
DESIGNER. DESIGNER shall identify the same in its work. The royalties payable
for the use of the patents shall be included in the budget figure stated above.
DESIGNER shall keep all
of the information concerning this project strictly confidential and shall take
reasonable and customary steps to insure that the existence of this product and
the type of packaging are not revealed prior to the commencement of sales of
the product. DESIGNER may not reveal any information which is disclosed to
DESIGNER by the CLIENT which is clearly marked as a trade secret or
confidential information, unless:
(a) the material is released into the public
domain by no fault of the DESIGNER,
(b) the information was already known to the
DESIGNER.
DESIGNER agrees for a
period of _________ not to act as a consultant, employee or principal regarding
packaging of products which are directly in competition to the product designed
herein throughout the world. This duty shall be specifically enforceable by
action in any court of competent jurisdiction.
This is the entire
agreement between the parties and the same may only be modified in writing
executed by the parties hereto.
Dated:
__________________
_______________________________
_____________________
By Designer
_______________________________
_______________________
By Owner/Client
Packaging System Agreement
Review List
This review list is provided to inform you about this
document in question and assist you in its preparation. This agreement can be adapted to for a
variety of packaging requirements.
- Make multiple copies. Give one to each signing party.
- Packaging issues can be tricky so a well-documented plan is to everyone’s advantage to avoid disappointment and, at worst, litigation later.
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