Jump to content
Killersites Forums

AIGA Agreement, Question about Proposal and Terms and Conditions


Recommended Posts

Hello Everyone,

 

I have a question about the AIGA Standard Agreement or even in any contract proposal. I am confused about where to put the Terms and Conditions. Does the Terms and Conditions reside in the proposal itself or do I have it separate from the proposal. They say in the instructions to attach it, but I don't know if they mean inside the proposal or a separate document that you attach afterwards. Also, the same thing with the Schedule A, where do you think I should place that?

 

Does anyone number their proposals? If so, how do you go about with a numbering system?

 

In the Modification/Wavier section of the AIGA Terms and Conditions where it says that the agreement can be modified by the parties. Does that mean that the client can modify the agreement if they wanted to? If so, I thought about taking that out because I don’t want a client to modify my agreement, unless I agree with it.

 

Thank you for your time and assistance.

Link to post
Share on other sites

I can't comment on the AIGA agreement, since I'm not really familiar with it. As a general rule, I have found that shorter, simpler contracts work best, and a lot of the stuff that AIGA and similar organizations put out as samples are pages and pages of legal mumbo jumbo.

 

That said... If I had a terms and conditions, I'd place it as an attachment to the contract, after the main document.

 

In regards to the modification/waiver, I can't really tell you without looking at the exact wording. I would expect, though, that it would say that the contract can be modified/waived only before the contract is signed, and is legally binding after. If the contract is to be changed after signing, both parties would need to agree to the terms.

Link to post
Share on other sites

You will probably getting better answers asking AIGA.

 

Actually, I looked into that, but the problem is that they charge an arm and a leg to be member and you need an i.d. too contact them. That is the reason I responded here.

Link to post
Share on other sites

I can't comment on the AIGA agreement, since I'm not really familiar with it. As a general rule, I have found that shorter, simpler contracts work best, and a lot of the stuff that AIGA and similar organizations put out as samples are pages and pages of legal mumbo jumbo.

 

That said... If I had a terms and conditions, I'd place it as an attachment to the contract, after the main document.

 

In regards to the modification/waiver, I can't really tell you without looking at the exact wording. I would expect, though, that it would say that the contract can be modified/waived only before the contract is signed, and is legally binding after. If the contract is to be changed after signing, both parties would need to agree to the terms.

 

Thank you for your assistance. When you say attach, I assume you put it inside the proposal at the end?

 

Modification/Waiver: Modifications to this Agreement must be in writing and signed by both parties. Failure by either party to enforce any right or seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach.

 

Thank you again.

 

Anyone else?

Link to post
Share on other sites

"When you say attach, I assume you put it inside the proposal at the end? "

Yes.

 

"Modification/Waiver: Modifications to this Agreement must be in writing and signed by both parties."

The way I read this, it's just saying that any changes to the agreement must be in writing and signed/agreed upon by both parties. It's not saying that either party is able to change the contract without the other party's consent.

 

The second portion is basically saying that if one party chooses not to enforce something in the contract, that decision shouldn't be interpreted to mean that portion of the contract is waived, or that any other portion of the contract doesn't apply.

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
×
×
  • Create New...