Terms of Agreement

Rights & Ownership

Due the nature of our services, Matthew Kornegay dba CG Design, the “Designer” is classified as a Contractor, not an employee, unless a written agreement outlining such relationship states otherwise.

Below are general terms and rights governing our design services for our Clients. A formal contractural agreement will be presented upon hiring CG Design and will provide additional content regarding the project including payment, cancellations, deliverables, etc.

If no such contract exists due to the ongoing relationship with the Client and/or the project is deemed minor or ongoing (ie. business cards, letterheads, promotional materials, etc), these terms shall be acceptable as an understood agreement.

Although the Client will provide general direction to CG Design, we will determine, in our sole discretion, the manner and ways in which we will create the design(s) for you.

Rights and ownership of illustrations, designs, photographs and/or digital media are as follows but not limited to:

  • Client has exclusive rights (not full ownership) to use (not reproduce) the graphics and/or other visual elements that Designer creates for a specific project (non-logos) unless otherwise defined (ie. brochures, flyers, etc.). If such work has been procured with full ownership rights (ie. logos), we will give you a copy of the digital files in one or all of the following formats (.jpg, .png, .tiff, .pdf, .eps, .mp4, or .mov). This will be indicated in the proposal and/or final invoice or Transfer of Copyright Certificate. You should store these files safely as Designer is not required to keep them or provide any native source files that we used in making them nor reveal or provide design tools that are used in the production of the final artwork and/or digital media. Requests for such files may result in additional fees.
  • Reproduction of audio/visual and/or digital files is only permitted when there is an exclusive purchase of said copyright. Purchase of tangible items (even if a design fee is charged) does not automatically constitute full rights of ownership of that work. ANY exclusive ownership rights will be stated separately.
  • Exclusive rights to the use of the design/illustrations/photographs and/or digital media transfer to Client upon project completion and full payment. Designer holds all rights to all artwork and/or audio/visual materials until project completion and proper rights have been transferred if necessary. This may not include separate video, photo or audio works and/or images used to produce the final work. (i.e. stock imagery, audio clips, textures, design tools, patterns, templates, methods, etc.)
  • If non-exclusive rights are defined, then Designer will provide details within the proposal or upon completion of the work outlining the usage rights.
  • Stock images/videos/audio, templates used in any production of final artwork and/or digital media remain the sole property of the original licensor unless it is deemed “Open Source” or falls under a Creative Commons (CC) license. Purchase of said products does not automatically grant unrestricted or exclusive use of such items to Client. Please contact us with questions regarding specific use of such licenses.
  • If images and/or audio/visual works are used in a layout, design, video, or final compilation they are licensed only for use in the final delivered product. Further implementation in other projects may require additional purchase of use rights. Images, audio and/or video may not be extracted, sampled, copied, modified and/or manipulated in any way.
  • Images or audio/visual works produced or created by Designer for Client projects remain the property of Designer. At no time do these copyrights automatically transfer to Client AND shall not be deemed “works for hire” under the US Copyright Law unless otherwise specified in a written agreement.
  • Designer shall have the right to document, photograph or otherwise record all completed designs or installations of the project, and to reproduce, publish and display such documentation, photographs or records for Designer’s promotional purposes.

Rights and ownership of illustrations, designs, photographs, web pages and/or digital media are as follows but not limited to:

  • Images, artwork, copy text, templates, code and/or digital media used in the creation of websites remain the property of Designer. Exclusive rights only pertain to website use. Client may be given user role backend access in order to make additional modifications only to information/images/colors within the site parameters or scope of project. Images or audio/visual works may not be downloaded, sold, copied, redistributed, etc. unless you are the explicit author OR have purchased use rights to such works. Such works retain the ownership rights of the original creator.
  • Images or audio/visual works produced or created by Designer for Client projects remain the property of Designer. At no time do these copyrights automatically transfer to Client unless otherwise specified in a written agreement. If images and/or audio/visual works are used in a layout, design, video, or final compilation they are licensed only for use in the final delivered product. Further implementation may require additional purchase of use rights. Images, audio and/or video may not be extracted, sampled, copied, modified and/or manipulated in any way.
  • Stock images/videos/audio, templates used in any production of final artwork and/or digital media remain the sole property of the original licensor unless it is deemed “Open Source” or falls under a Creative Commons (CC) license. Purchase of said products does not automatically grant unrestricted or exclusive use of such items to Client. Please contact us with questions regarding specific use of such licenses.
  • If images and/or audio/visual works are used in a layout, design, video, or final compilation they are licensed only for use in the final delivered product. Further implementation in other projects may require additional purchase of use rights. Images, audio and/or video may not be extracted, sampled, copied, modified and/or manipulated in any way.
  • Images or audio/visual works produced or created by Designer for Client projects remain the property of Designer. At no time do these copyrights automatically transfer to Client AND shall not be deemed “works for hire” under the US Copyright Law unless otherwise specified in a written agreement.
  • Designer shall have the right to document, photograph or otherwise record all completed designs or installations of the project, and to reproduce, publish and display such documentation, photographs or records for Designer’s promotional purposes.