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Service Terms and Conditions
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This Creative Services Agreement, subsequently referred to as (the “Agreement”) is entered
into as of the by and between Kojak Multimedia LLC as “Kojak Media ”) and
(“the client”) (collectively the “Parties”).
Kojak Media is an advertising company that offers services including but not limited to video
productions and creative services to be used in the media.
The client desires to hire Kojak Media to perform the following services as listed under the
“Kojak Media’s Obligations” section of this document. In return for these services, the client
warrants to provide all resources and pay all amounts listed under “Client’s obligations”
as per the terms of this contract.
NOW, THEREFORE, in consideration of the mutual premises and covenants contained in this
Agreement, it is hereby agreed by and between the Parties as follows:
1) KOJAK MEDIA’S OBLIGATIONS.
This section will have the services to be performed as as negotiated with client.
2) CLIENT OBLIGATIONS
This section will have the responsibilities of the client as negotiated for the particular project.
REPRESENTATIONS AND WARRANTIES OF THE PARTIES. [optional]
Party One hereby represents and warrants: _
Party Two hereby represents and warrants:
4) ADDITIONAL TERMS. [optional]
The Parties agree that any dispute or controversy arising out of this Agreement shall be settled by Arbitration
to be held in ________________ county, state of _________________, in accordance with the rules then in effect
of the American Arbitration Association. The arbitrator may grant injunctions or other relief in such dispute
or controversy. The decision of the arbitrator shall be final, conclusive and binding on the Parties. Judgment
may be entered on the arbitrator’s decision in any court having jurisdiction. The Parties shall each pay
one-half of the costs and expenses of such arbitration, and each of the parties shall separately pay
counsel fees and expenses.
6) GENERAL PROVISIONS.
Any notice or other communication provided for herein or given here-under to a party hereto shall be in
writing and shall be given by delivery, by facsimile or by mail (registered or certified mail, postage prepaid,
return receipt requested) to the respective party as follows:
If to Kojak Media:
If to Party Two:
Successors and Assigns.
This Agreement is intended to bind and inure to the benefit of and be enforceable by the Parties,
and their respective successors, assigns, heirs, executors and administrators; provided, that neither party
may assign any duties or her rights hereunder without the written consent of the other party.
Waiver and Amendment.
Neither party may waive any of the terms or conditions of this Agreement, nor may this Agreement be
amended or modified, except by a duly signed writing referring to the specific provision to be waived,
amended or modified.
This Agreement constitutes the entire agreement with respect to the subject matter hereof, and supersede
s all other prior agreements and understandings, both written and oral, among the parties hereto and their
Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective
and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal or
unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or
unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be
peformed, construed and enforced in such jurisdiction as if such invalid, illegal or unenforceable provisions
had never been contained herein.
This Agreement shall be governed by the laws of the state of _____________, without regard to its
conflicts of law provisions.
Voluntary Execution of Agreement.
This Agreement is executed voluntarily and without any duress or undue influence on the part or
behalf of the Parties, with the full intent of releasing all claims. The Parties acknowledge that:
(i) they have read this Agreement;
(ii) they have been represented, or, in the alternative, have had the opportunity to obtain
representation, in the preparation, negotiation, and execution of this Agreement by legal counsel
of their own choice;
(iii) they understand the terms and consequences of this Agreement and of the releases it
(iv) they are fully aware of the legal and binding effect of this Agreement.
This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original but all of which shall constitute one and the same instrument. For
purposes of this Agreement, use of a facsimile, e-mail or other electronic medium shall
have the same force and effect as an original signature.
[SIGNATURE PAGE FOLLOWS]