Register with Creatives On Call
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Terms of Use
Acceptance of the Terms of Use
These terms of use are entered into by and between You and Creative On Call Inc. d/b/a Creatives On Call (“Company,” “we,” or “us”). The following terms and conditions (“Terms of Use”) govern your access to and use of any Websites linking to this Terms of Use, including creativesoncall.com (the “Websites”), including any content, functionality and services offered on or through the Websites.
These Terms of Use apply to your general access and use of the Websites. In the event that you have entered into a separate, written agreement with the Company for the provision of services (such as a Master Services Agreement), the terms of that separate agreement shall govern and take precedence over any conflicting provisions in these Terms of Use.
Please read the Terms of Use carefully before you start to use the Websites. By using the Websites, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Websites.
The Websites are offered and available to users who are 18 years of age or older. By using the Websites, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Websites thereafter.
Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Websites and Account Security
We reserve the right to withdraw or amend the Websites, and any service or material we provide on the Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or all of the Websites, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Websites.
- Ensuring that all persons who access the Websites through your internet connection are aware of these Terms of Use and comply with them.
To access the Websites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites are correct, current and complete. You agree that all information you provide to register with the Websites or otherwise, including, but not limited to, through the use of any interactive features on the Websites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Websites or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Websites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Websites, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Websites for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Websites or any services or materials available through the Websites.
If you wish to make any use of material on the Websites other than that set out in this section, please address your request to: legal@creativesoncall.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms of Use, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Websites or any content on the Websites are transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks
The Company name, the terms CreativesOnCall, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or their affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Websites are the trademarks of their respective owners.
Prohibited Uses
You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibit anyone’s use or enjoyment of the Websites, or which, as determined by us, may harm the Company or users of the Websites, or expose them to liability.
Additionally, you agree not to:
- Use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Websites, including their ability to engage in real time activities through the Websites.
- Use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.
- Use any manual process to monitor or copy any of the material on the Websites, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Websites.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server on which the Websites are stored, or any server, computer or database connected to the Websites.
- Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Websites.
User Contributions
The Websites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Websites.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
- All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Websites.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Websites or the public or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites.
- Terminate or suspend your access to all or part of the Websites for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Websites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement
If you believe that any User Contributions violate your copyright, please contact legal@creativesoncall.com.
Reliance on Information Posted
The information presented on or through the Websites are made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of their contents.
The Websites may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Websites
We may update the content on the Websites from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visit to the Websites
All information we collect on the Websites is subject to our Privacy Policy. By using the Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
SMS Terms and Conditions
By providing your phone number and opting in, you consent to receive text messages from Creatives on Call regarding job openings and application updates. Message and data rates may apply. Message frequency varies. You can text STOP to cancel. Your mobile information will not be shared with third parties for marketing purposes.
Linking to the Websites and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
The Websites may provide certain social media features that enable you to:
- Link from your own or certain third-party Websites to certain content on the Websites.
- Send e-mails or other communications with certain content, or links to certain content, on the Websites.
- Cause limited portions of content on the Websites to be displayed or appear to be displayed on your own or certain third-party Websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any Websites that is not owned by you.
- Cause the Websites or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Websites other than the homepage.
- Otherwise take any action with respect to the materials on the Websites that is inconsistent with any other provision of these Terms of Use.
The Websites from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Websites
If the Websites contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Websites linked to the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such Websites.
Geographic Restrictions
The owner of the Websites is based in the State of Ohio in the United States. We provide the Websites for use only by persons located in the United States. We make no claims that the Websites or any of their content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.
YOUR USE OF THE WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE AT YOUR OWN RISK. THE WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, THEIR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Websites, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Websites.
Governing Law and Jurisdiction
All matters relating to the Websites and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Websites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri, in each case located in the City of Saint Louis or County of Saint Louis, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Creative On Call Inc. with respect to the Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Websites.
Your Comments and Concerns
The Websites are operated by:
Creative On Call Inc.4420 Cooper Road, Suite 140
Cincinnati, Ohio 45242
All notices of copyright infringement claims should be sent to: legal@creativesoncall.com.
All other feedback, comments, requests for technical support and other communications relating to the Websites should be directed to: legal@creativesoncall.com.
© 2026. Creative On Call Inc. All rights reserved.
Employment Agreement
Candidate Agreement (For Employment)
This Candidate Agreement ("Agreement"), dated as of August 4, 2026 is entered into by and between CREATIVE ON CALL, INC., a Missouri corporation ("Creatives") and ("Candidate" or "you").
In consideration of the mutual promises set forth herein, Candidate agrees as follows:
- Creatives is a staffing and job-placement agency that identifies and assists candidates who are seeking temporary, part-time, full-time, contract-basis, or permanent-basis jobs by its Clients. As used in this Agreement, a "Client"" means any employer company, organization, association, group or individual that has asked Creatives to present relevant job-seeking candidates to perform services or for employment.
- This Agreement does not create an employer-employee relationship between the Candidate and Creatives if you are seeking a full-time, permanent-basis position. As such, Section 3 is not applicable to you, however, you agree to all other terms and conditions of this Agreement.
- If you are seeking temporary or part-time employment (or accept temporary or part-time employment while still pursuing a full-time, permanent-basis position), then this Agreement hereby creates an employer-employee relationship between you and Creatives (and Section 2 does not apply to you). As a temporary or part-time employee, Creatives is your employer and, as such, is responsible for the payment of all wages and withholding and payroll taxes relating to your employment. Creatives will not provide any benefits or insurance for you (except as required by applicable law). You neither have, nor will you hold yourself out as having, any right, power or authority to bind Creatives. The employer-employee relationship between Candidate and Creatives is "at will", which means that such relationship is not guaranteed to continue for any certain period of time, and either party has the right to terminate the relationship at any time, for any reason or no reason.
- Candidate is not obligated to accept any particular job or job assignment presented by Creatives. Candidate must use Candidate's own judgment, caution, and common sense in evaluating any prospective employers and any information provided by any third party and, ultimately, deciding whether to accept, reject, or terminate an employment opportunity.
- Candidate agrees to devote specified working and professional time and efforts to the interests of the Client and to perform all duties in an efficient, trustworthy, and competent manner for any job Candidate accepts.
- Creatives will negotiate the hours you agree to work and the compensation you agree to accept for your services on your behalf with the Client. Candidate shall not, directly or indirectly, negotiate or accept any assignment hours, compensation, duties, services or additional work with Client. Rather, all such negotiations shall be between Client and Creatives. The compensation you accept for your services is your private information and Creatives recommends that you refrain from discussing your compensation with any other party, including another candidate who is seeking work in your industry. If you reveal your compensation to another person, Creatives reserves the right to terminate this Agreement.
- The relationship Creatives develops with you and with each Client is valuable to Creatives. As such, Creatives will only provide your resume and other relevant job-application information to a Client after obtaining your approval to do so. At such time, if you have a prior or existing relationship with the Client (or with an individual employed with the Client), then you are obligated to inform Creatives of your prior or existing relationship. If, however, you either fail to tell us about your prior or existing relationship with a Client (or an individual employed with the Client), and you authorize us to submit your resume and relevant job-application information to the Client, then you waive your ability to pursue employment with such Client without the help of Creatives. If you authorize Creatives to submit your resume and relevant job-application information to any Client, then you authorize Creatives to establish the relationship between you and a Client, which entitles Creatives to the collection of its placement fee if you are hired for the position.
- Candidate agrees that Candidate will not accept employment of any kind or nature (including temporary part-time, temporary full-time, contract, or permanent) with any Client for a period of one (1) year commencing either from the day of the first interview Creatives arranged between you and a Client, or from the last day you perform services for Client (through Creatives), whichever is later, even if Candidate works with another staffing agency. The restrictions in this section, however, do not prevent you from accepting employment with any Client for which you never interviewed or performed services through Creatives or with whom you had a prior or existing relationship (as described in Section 7) and you informed Creatives of such prior or existing relationship (as required in Section 7). Your obligations under this Section 8 shall survive the termination or expiration of this Agreement for any reason or no reason.
- If you accept employment with any Client in violation of this Agreement, Creatives reserves the right to demand and collect the placement or conversion fee owed to Creatives by the Client directly from you as well as all costs incurred by Creatives in enforcing this Agreement (including attorneys' fees and costs). In addition, Creatives shall be entitled to any other remedies at law or in equity it may have, including injunctive relief and specific performance of your obligations under this Agreement, as well as any additional relief that may be granted by a court of competent jurisdiction, without posting a bond or proving actual damages. Candidate hereby agrees to indemnify and hold harmless Creatives, its agents and employees, and its successors and assigns from any damage, loss, cost, expense, penalty or liability (including reasonable attorneys' fees, expert witnesses' fees, and the cost of enforcing this indemnity) arising out of or resulting from: (i) the inaccuracy of Candidate's representations and warranties; (ii) failure by Candidate to comply with applicable laws and regulations; (iii) the failure or refusal by Candidate to perform Candidate's obligations under this Agreement; (iv) use of materials that infringe, or are alleged to infringe, upon the intellectual property rights of a third party provided by Candidate to a Client, or (v) gross negligence or willful misconduct by Candidate.
- Artificial Intelligence and Intellectual Property Compliance
- Use of Artificial Intelligence Tools: Candidate acknowledges that any use of artificial intelligence (“AI”) tools, including but not limited to generative AI platforms, in the creation of work products must comply with all applicable laws, Creatives policies, and the terms of this agreement. Any use of AI tools must respect the intellectual property rights of third parties.
- Verification and Originality: Candidate agrees to take reasonable steps to ensure that any AI-generated outputs integrated into Work Product (defined hereinafter) do not infringe on the intellectual property rights of others. This includes, but is not limited to, infringement of copyrights, trademarks, patents, trade secrets, rights of publicity, moral rights, and design rights. Candidate is responsible for verifying the originality of such outputs and refraining from incorporating or adapting content that has a reasonable risk of infringing on the intellectual property of others, including the use of distinctive brand elements, protected design features, proprietary methodologies, or recognizable artistic styles without proper permission or license. Candidate further agrees to maintain documentation of their efforts to comply with this provision.
- Ownership of AI-Generated Work: Unless otherwise provided for this this agreement, all Work Product created by or with the aid of AI tools shall be the sole property of the Client
- Prohibited Uses: Candidate agrees not to use AI tools to:
- Replicate, imitate, or evoke association with proprietary styles, trademarks, brand identities, or other protected elements belonging to third parties without explicit permission of such parties.
- Provide inputs that could violate the terms of use of the AI platform, or applicable laws, including those related to intellectual property and data privacy.
- Circumvent technological protection measures or licensing restrictions of either the AI platform or third-party content.
- Knowingly create or make use of outputs that could be deemed defamatory, deceptive, or misleading.
- Produce deliverables that misrepresent AI-generated content as being wholly human-created when such distinction is material to the Client.
- Process sensitive Client data through AI platforms without proper security measures and explicit authorization.
- Indemnification: Candidate shall indemnify, defend, and hold harmless Creatives, its Clients, affiliates, officers, directors, employees, agents, successors, and assigns from any and all claims, demands, damages, liabilities, losses, fines, penalties, costs, and expenses (including reasonable attorneys' fees and costs of investigation and litigation) arising from or relating to:
- Any actual or alleged intellectual property infringement, including but not limited to copyright, trademark, patent, trade secret, or right of publicity claims resulting from delivery of the Work Product;
- Candidate's failure to comply with the terms of this Section 10;
- Any misrepresentation regarding the originality or permissible use of AI-generated content provided to Clients;
- Regulatory actions or investigations related to improper use of AI tools or AI-generated content by Candidate.
- This indemnification obligation shall survive the termination or expiration of this Agreement.
- Disclosure of AI Use: Candidate shall disclose their use of AI tools in the creation of Work Product to Creatives and provide assurances of compliance with this provision upon request. Candidate shall disclose their use of AI tools in the creation of Work Product to the Client when requested by Creatives.
- Training and Guidelines: Candidate agrees to comply with all guidelines provided by Creatives concerning the use of AI tools. Candidate further agrees to attend all trainings required by Candidate concerning such tools.
- Candidate will maintain complete and accurate records of all of Candidate's time spent on each job assignment and to submit such records when due to Creatives.
- Candidate will abide by each Client's specific rules, regulations, and codes of conduct while rendering services to such Client. In addition, Creatives has a "no drug" policy and any evidence of abuse by Candidate of alcohol, drugs, or chemicals will result in the immediate termination of this Agreement by Creatives and the termination of Creatives' placement services for you with any of its Clients.
- Except for Candidate's pre-existing template tools, methodology and other confidential information used to create the Work Product (defined herein), the Client shall be the sole and exclusive owner of all right, title and interest in and to the Work Product. For purposes of this Agreement, "Work Product" means all work product created by you in connection with your performance of services, including but not limited to all deliverables, documentation, reports, computer software (excluding background and design software used to create the Work Product), designs, data, inventions, drawings and all other work products created or made by you or on your behalf in providing services to Client. You represent and warrant that the Work Product will not, to your knowledge, infringe or misappropriate the patent, copyright, trademark, trade secret or other intellectual property rights of any third party. Notwithstanding the foregoing ownership rights in the Work Product, such ownership shall not prevent Candidate from using Candidate's template tools, methodologies, confidential information, technology or techniques of general applicability to develop similar products for others.
- Candidate shall not, without the express prior written consent of the Client, either during your employment or after the termination of your employment with a Client, use, sell, copy, transfer, show in your portfolio, or otherwise make use of (either for yourself or any third party other than the Client) any of the Work Product, or any of the Client's confidential and proprietary information, business information, or trade secrets.
- Creatives and Candidate agree that either party may terminate this Agreement and any employer-employee relationship between them at any time for any reason or no reason.
- This Agreement and Creatives' Privacy Policy and Terms of Use in effect on the date of this Agreement, constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements whether oral or written.
- This Agreement and the rights and obligations of the parties hereunder are to be governed by, construed and interpreted in accordance with the laws of the State of Missouri, without regard to choice or conflict of laws rules.
- This Agreement may be executed and transmitted by facsimile, electronic mail, via Internet and with an electronic signature or electronic "click" signature in any number of counterparts, all of which taken together shall constitute one in the same instrument. The signature of any party thereon, for purposes hereof, is to be considered as an original signature, and the document transmitted is to be considered to have the same binding effect as an original signature on an original document.
WHEREFORE, the parties have executed this Agreement as of the date set forth above or the date first signed by the Candidate electronically, whichever is earlier.
Creatives |
Candidate |
| CREATIVE ON CALL INC. D/B/A CREATIVES ON CALL |
|
| By: | By: |
| April L. Koenig | |
| Print Name: April L. Koenig | Print Name: |
| Title: President | Email Address: |
Creatives |
| CREATIVE ON CALL INC. D/B/A CREATIVES ON CALL |
| By: |
| April L. Koenig |
| Print Name: April L. Koenig |
| Title: President |
Candidate |
| By: |
| Print Name: |
| Email: |
© 2026. Creative On Call Inc. All rights reserved.
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