Graphic Design Agreement Template
A graphic design contract is an agreement between a client and a designer that is legally binding. Pricing, the scope of the design work, the deadline for deliverables (such as wireframes or final design elements), payment terms, intellectual property rights, and other legal aspects are all included.
Graphic Design Agreement
A graphic design agreement is signed between a graphic designer and their client in order to protect the interests of both parties. A graphic design agreement is a legal document, and it defines the relationship between the client and the graphic designer.
Graphic design is an essential aspect of any company or organisation. It can make or break how customers or potential customers view a company. Because of this, it is essential to have a solid contract in place between the company and the designer they choose to create their graphic designs. This document should outline the expectations of both parties and what will happen if one party fails to meet their obligations.
Taking on new clients without signing a contract is one of the most common blunders made by freelance graphic designers.
A graphic design agreement will make sure that the designer knows what they are getting into and what are the expectation of the client and whether the designer can deliver the result that the client requires or not.
As a self-employed or freelance graphic designer, it is important to have a contract draft ready for your clients as it will be beneficial for your business and help in protecting you in case anything goes wrong.
The trouble is that none of these justifications help when a problem with scope, payment, or another aspect arises.
The truth is that with the correct strategy and contract, you can easily protect yourself from a wide range of issues.
Keep in mind that a graphic designer contract is a legally binding agreement so there should be a member of legal team present at the time of contract signing so that the lawyer can guide both parties about the seriousness of breach of contract and how to negotiate and agree on the terms and conditions of the contract.
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Why is a graphic designer contract important?
As mentioned above a graphic designer contract will protect the interest of both parties. Aside from that, a graphic designer will act as guide for the designer as it highlights what task do they need to complete and what is the time period to complete the project.
Other than that, a graphic designer contract promises the client as well as the designer that they will be given the result that they require. The client will specify the details of the work and tell the designer the results they expect and in return the client will give the designer the amount they ask for. If there is anything that goes wrong from either side, they can take it to court as it is against the terms of the legally binding contract.
Design work is very risky, and it places the designer at a very dangerous and stressful position because of the expectation of the client. Without having a contract any kind of problem can arise in the future. Once the designer has listed their terms and showed the client their previous work, they can relax a bit as they have a singed contract by which the client cannot be displeased with the results of the work.
A designer contract will protect the artist from any kind of risks, and it also shows the professionalism of the graphic designer. A well drafted agreement will show the client that the designer takes the work seriously and they have experience in the field of graphic design. A graphic designer agreement will tell the client what they can expect from the designer and what results they will be getting by the end of the contract.
A graphic designer will protect the artist in case the client is refusing to pay, or they ask the artist to do more work than mentioned in the contract, in such cases the designer can simply refuse and take legal action against the client as it is a breach of contract.
Things to include in a graphic designer contract:
When drafting a graphic designer contract, you should keep in mind the following things:
- Name, email and contact information of both parties
- Details of the work that is required from the designer
- Delivery of the work to the client
- Payment of the work
- Timeline of the project
- Refund policies in case anything goes wrong
- Grant of rights to the client to display the work wherever they like
- The designer’s right to authorship credit
- Cancellation of the contract in case the client can’t complete the project, or the designer does not need the work anymore.
- Limitation of liability
- Compensation in case of extra work
- Penalty incase the designer was unable to provide the result required by the client
- Add ons or change in order
- Disputes settlement
- Delays
- Acceptance of terms
- Signatures of the parties involved
- Termination of contract
- Confidentiality
Problems that can arise:
There are lots of risky factors to consider when you are signing a graphic designer contract specially in case for the artist. So, the artist should have some idea about what kind of problems can arise and how they can handle it?
Client changes their mind
This happens in some cases that the client has ordered the designer to work on a project but later on have changed their mind about it or they need a completely different project from the designer. The best way to solve this is by communicating with the client about what kind of work results do they need now and make sure that you are on the same page about it with the client.
Disapproval of the client
In some cases, the design that the designer provides is not approved by the client. They might need the designer to change some things in that or change it completely. In such cases the artists should look at the terms of the contract if there isn’t anything related to this mentioned in the contract, they can simply refuse to do it and ask for the payment for the work they have provided.
Client missing a payment
If the client has missed more than one payment of the project or if they refuse to pay for the work the designer can take that as a breach of contract and take the client to court in order to solve the issue and receive the payment that is due.
Delay in project
As a client, if the designer has not provided the work on time or if they keep on delaying the work the client can take that as contract breaking and take legal action against the designer if it is mentioned in the contract.
A graphic designer contract should include all the ifs and buts in order to avoid getting in any type of trouble or fraud during the time period of contract and after that. As a client you should make sure that the designer have granted you the rights to display their work wherever and whenever you want and as the designer you should make sure that the client gives you the credit where it is due.
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Graphic Design Agreement
On _______________ (the "Effective Date"), ________________________, with a mailing
address of ________________, (hereinafter referred to as the "Client") and ________________,
with a mailing address of ________________, (hereinafter referred to as the "Designer")
(collectively referred to as the "Parties") entered into this graphic design contract (hereinafter
referred to as the "Agreement”)
Project Description:
The Parties concur that the Designer will provide the following services as part of the project:
1._______________________________________ 2._______________________________________ 3._______________________________________ 4._______________________________________ 5._______________________________________
The parties concur that the services will be provided by the designer on _________________.
Payment:
The Parties concur that the total cost of the services will be ____________, with ___________
being paid at the time this Agreement is signed and ___________ being paid when the work is
finished.
The Parties concur that the Designer will send the Client an invoice for the Services he or she
completes every ___ days or months.
The Parties concur that the method of payment shall be through ___________________.
Termination:
Any of the following events may result in the termination of this Agreement:
- Immediately if one of the Parties violates this Agreement or one of its terms.
- When the services are done, this Agreement will immediately end.
Schedule:
The Parties agree to the following schedule:
- Preliminary Design: _______________________________________________________________
- Client Approval/Comment: _______________________________________________________________
- Final Design: _______________________________________________________________
Revisions:
Before the project's completion, the client must approve all materials. The client is granted ___ modifications. Any modifications made after ___ will incur a $______ fee.
Confidentiality:
For the Designer to complete the Graphic Design services and Deliverables in their finished form, it may be necessary for the Client to divulge confidential information to the Designer during this Agreement, including trade secrets, knowledge of the industry, and other proprietary information. The designer will never divulge any of this confidential information. The designer additionally agrees to never utilize any of this confidential information for personal gain. Even after the Agreement is terminated by its own natural termination or by an early termination by either party, this clause continues to be in full force and effect.
Ownership:
The Parties concur that the Client shall retain ownership of all work produced by the Designer while rendering the services, and shall be entitled to unrestricted use of such work.
Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of ________________.
Representations and Warranties:
Designer affirms and guarantees that they are legally able to enter into and carry out this Agreement. Additionally, the Designer represents and declares that, to the best of the Designer's knowledge, no third parties are the owners of the designs developed for the Client and that the Designer is authorized to use and distribute them. If the designer does not have these rights, the designer will pay back any losses the client might incur or take action to prevent losses from occurring.
Client guarantees and represents that it has the right to use any confidential information it may supply to the designer to be used on this website, including but not limited to trade secrets, trademarks, logos, copyrights, photos, data, and figures, material, and the like. If the client does not have these rights, the client will pay back any damages the designer might sustain or assume responsibility to prevent damages from occurring.
Disclaimer of warranties:
The Designer guarantees to carry out the Services outlined in this Agreement following the demands and guidelines of the Client. The Designer does not guarantee that the services covered by this Agreement will increase sales, brand recognition, visibility, profits, or any other kind of gain. In addition to the aforementioned, the Designer has no obligation to the Client should the given work fail to produce the expected outcomes.
Limitation of Liability:
Under no circumstances, including for breach of contract, tort, negligence, or other causes of action, shall either party be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or connected with this Agreement or the transactions it contemplates.
Severability:
All other sections should remain in full force and effect as valid and enforceable. If any provision of this Agreement is found to be invalid or unenforceable, in whole or in part, that provision shall be severed from the remainder of the Agreement.
Modifications:
The Parties acknowledge that this Agreement may be amended only in a document signed by both of the Parties hereto. Therefore, any modifications made by the Parties will be incorporated into this Agreement.
Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of ________________.
Dispute Resolution:
This Agreement shall be governed by and construed following the laws of the ________________, and any dispute or difference of any kind arising out of, or in connection with, this Agreement shall be referred to as arbitration/mediation/negotiation (circle one).
Entire Agreement:
This Agreement supersedes all earlier agreements, understandings, inducements, and conditions, express or implied, oral or written, of any sort whatsoever concerning its subject matter. It comprises the full agreement and understanding of the Parties to it. Any practice or custom of the trade that conflicts with any of the Agreement's specific terms is superseded by and subject to the express terms of the Agreement.
The following signatures from the Parties show that they concur with the terms and conditions stated above:
Client
Signed: _____________________________________
By: __________________________________________
Date: ________________________________________
Designer
Signed: _____________________________________
By: __________________________________________
Date: ________________________________________