Graphic Design Contract

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This Graphic Design Contract is between a client and a designer who will plan and devise a project. It sets out all terms of the arrangement including details of the project and how much designer will be paid.

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This Graphic Designer Contract is between a client and a graphic designer for the design of a specific project. This contract sets out the specific terms of the arrangement including details of the project, when it should be completed and how much the designer will be paid. It also sets out who will own the rights in any intellectual property surrounding the design project. It is important that this contract be clearly set out in writing. A written Graphic Designer Contract will be helpful in the event there are disagreements or miscommunication between the parties regarding the scope of the project.

This Graphic Designer Contract sets forth the following:
  • Parties/Project Scope: Name of the client, date of signing and description of the project;
  • Materials: Sets forth who will supply the materials for the design project;
  • Rights: Details of who will own the rights of the designs including rights of reproduction and derivative works rights;
  • Production Schedule: Detailed production schedule which includes the due date and payment information for each project phase;
  • Costs/Expenses: Estimate of costs and expenses including those for materials and supplies and printing;
  • Dispute Resolution: Disputes arising from this contract will be resolved by the American Arbitration Association;
  • Signatures: Both designer and client must sign and date this contract.

Protect your rights and your property by purchasing this attorney-prepared form.

This attorney-prepared package includes:
  1. General Information
  2. Instructions and Checklist
  3. Graphic Designer Contract
State Law Compliance: This form complies with the laws of all states
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Graphic Designer Contract

 

 

CLIENT:  ________________________________________________________________
 
Date: ____________________________________________________________________
 
Commissioned by: _________________________________________________________
 
Purchase Order Number: ____________________________________________________
 
Job Number: ______________________________________________________________
 
Description of Assignment: __________________________________________________
 
Use: ____________________________________________________________________
 
DESCRIPTION OF MATERIALS TO BE SUPPLIED BY CLIENT:
 
(Final Date Due is predicated on receipt of all materials to be supplied by Client)
 
Materials Supplied by :_____________( date)
 
Initial Version work starts after all materials are received. Due dates, milestone dates, and any early-completion reward dates mentioned shall be delayed by the number of days by which the Materials Supplied by the Client are late.
 
RIGHTS TRANSFERRED:
 
The material transferred can be used only for the purposes stated below. All other use(s) and modification(s) is (are) prohibited. All rights not transferred remain the property of Designer. Usage beyond that granted to the Client herein shall require payment of a mutually agreed upon additional "Reuse Fee" subject to all terms.
 
All materials, including the intermediate milestone deliverables, may not be copied without the permission of Designer, and must be returned after use.
 
TITLE & PRODUCT RIGHTS: ___________________
 
CATEGORY OF USE RIGHTS: ___________________
 
MEDIUM OF USE RIGHTS: ______________________
 
GEOGRAPHIC AREA RIGHTS: ___________________
 
EDITION / VERSION RIGHTS: ____________________
 
TIME PERIOD RIGHTS: _______________________
REPRODUCTION RIGHTS: _____________________
DERIVATIVE WORK RIGHTS: _____________________
PERFORMANCE RIGHTS: _________________________
 
Any transfer of rights is conditional on receipt of full payment.
PRODUCTION SCHEDULE (INCLUDING MILESTONES, DATES DUE, AND FEES DUE)
 
Milestone   Date due   Payment Due
 
Contract Signing   ___________   $__________
 
Delivery of Design Comps   ___________   $__________
 
Acceptance of Design Comps   ___________   $__________
 
Delivery of Initial Version   ___________   $__________
 
Acceptance of Initial Version   ___________   $__________
 
Delivery of Final Version   ___________   $__________
 
Acceptance of Final Version   ___________   $__________
 
Client agrees to pay Designer a bonus of US$ ________ per day in the event an acceptable final
version of the site is delivered to the client prior to _________ date.
 
ESTIMATED ________________________
 
DATE DUE _________________________
 
ESTIMATED EXPENSES:
 
The Client shall reimburse Designer for all expense. Expense amounts (in US$) are estimates only
 
Illustration   _______________         Printing (If brokered by Designer) ____
Photography   _______________         Communication__________________
Models & Props   ______________      Messengers______________________
Materials & Supplies________________      Transportation & Travel____________
Type   _____________________         Shipping & Insurance______________
Stats, Proofing & Copies_________      Other Expenses___________________
Mechanicals   _______________         Subtotal_________________________
 
           Supervisory and Handling fee: ________
                                                                                    Sales Tax (on applicable items):_____
                                                             TOTAL: _________________
TERMS
 
1.   Time for Payment:
Payment is due at each milestone due date as noted in the Production Schedule. All invoices for Billable Expenses are payable within thirty (30) days of receipt. A 1.5% monthly service charge is payable on all overdue balances of milestone payments and Billable Expenses. Designer retains all rights to all intermediate deliverables submitted at each milestone. The grant of any license or right of copyright to the Client is conditioned on receipt of full payment by the Client of the total amount and all Billable Expenses.
 
2.   Default in Payment:
The Client shall assume responsibility for all collection of legal fees necessitated by default in payment
 
3.   Estimates:
If this form is used for an estimate or assignment proposal, the fees and Billable Expenses shown are minimum expenses only. Final fees and Billable Expenses shall be shown when invoice is rendered. The Client's approval shall be obtained for any increases in fees or expenses that exceed the original estimate by twenty percent (20%) or more.
 
4.   Billable Expenses:
The Client shall reimburse ___________ (Designer) for all direct and indirect billable expenses arising from this assignment, regardless of whether the assignment is Cancelled or Terminated. Billable Expenses include but are not limited to costs of commissioning images or subcontracting talent, software or run-time license costs, the payment of any sales tax due on this assignment, any travel, research, postage and delivery, photocopying, and storage media expenses. The mark up charged by Designer for supervisory and handling time on all Billable expenses shall be, ______percent of the Billable Expenses incurred. The Client shall advance US$, _______to Designer upon the acceptance of the Site Design for payment of said Billable Expenses
 
5.   Acceptance Procedures:
Unless otherwise noted in Acceptance milestone dates of the Production Schedule, during the Review Period within_________, calendar days of a Delivery, the Client shall either accept the deliverable and make the milestone payment set forth in the Production Schedule, or provide Designer with written notice of any corrections to be made and a suggested date for completion of the corrections which should be mutually acceptable to both Designer and the Client, or provide a written notice of assignment Termination if the work is found not to be reasonably satisfactory. The Client can terminate the assignment only during this Review Period following the delivery of a milestone deliverable. Any other termination of the Assignment shall be considered a Cancellation subject to the stipulations of Item 7. Designer shall designate_________, (Name) and the Client shall designate __________, (Name) as the only designated persons who will send and accept all deliverables and receive and make all communications between Designer and the Client. Neither party shall have any obligation to consider for approval nor did respond to materials submit other than through the designated persons listed above. Each party has the right to change its designated person upon_______, calendar day(s) notice to the other.
 
6.   Cancellation:
The Client may declare the Cancellation of the assignment for reasons not related to assignment Termination defined in Item 6. In the event of Cancellation of this assignment by the Client, any milestone payments made prior to cancellation shall be retained by Designer. In addition, if cancellation is prior to the delivery of the Design Comps, a cancellation fee of fifteen percent (15%) of the balance of the Total payments shall be paid by the Client. If the cancellation is later but prior to the acceptance of a Design Comp, a fee of thirty percent (30%) of the balance of the Total payments shall be paid by the Client. If the cancellation is later but prior to the delivery of the Initial Version, the cancellation feed shall be fifty percent (50%) of the balance of Total payments. If the cancellation is after the delivery of the Initial Version, the cancellation fee shall be one hundred percent (100%) of the balance of all remaining dues. Regardless of when the project is cancelled, all billable expenses already incurred by Designer or Designer is liable to pay for shall be paid by the Client in full. In the event of cancellation, Designer retains ownership of all copyrights and any original artwork
 
7.   Assignment Termination:
In the event that work in process is found by the client not to be reasonably satisfactory in accordance with the acceptance procedures in Item 6; the client may pay a termination fee to terminate the assignment. Any milestone payments made prior to termination shall be retained by Designer. If assignment termination occurs prior to the acceptance of a Design Comp, the client shall pay a rejection fee of ten percent (10%) of the balance of Total payments. If termination occurs after the delivery of the Initial Version, the termination fee shall be twenty percent (20%) of the balance of Total payments. If termination occurs after the acceptance of the Initial Version, the termination fee shall be one hundred percent (100%) of the balance of total payments. Regardless of when the assignment is terminated, all billable expenses already incurred by Designer or Designer is liable to pay for shall be paid by the Client in full. In the event of termination, Designer retains ownership of all copyrights and any original artwork created by Designer. However, the Client retains all rights already purchased by Designer on behalf of the Client from third parties.
 
8.   Ownership and Return of Artwork:
The Client acknowledges and agrees that Designer retains ownership of all original artwork, in any media, including digital files, whether preliminary or final. The Client waives the right to challenge the validity of Designer's ownership of the art subject to this agreement because of any change or evolution of the laws. The Client shall return such artwork within thirty (30) days of use unless indicated otherwise below:
 
9.   Warranty of Originality:
Designer warrants and represents that, to the best of its knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that Designer has full authority to make this agreement; and that the work prepared by Designer does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of DESIGNER's product which may infringe on the rights of others. CLIENT EXPRESSLY AGREES THAT IT WILL HOLD DESIGNER HARMLESS FOR ALL LIABILITY CAUSED BY THE CLIENT's USE OF DESIGNER's PRODUCT TO EXTENT SUCH USE INFRINGES ON THE RIGHTS OF OTHERS.
 
10.   Limitation of Liability:
Client agrees that it shall not hold Designer or its agents or employees liable for any incidental or consequential damages which arise from Designer's failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Designer or a third party. Furthermore, Designer disclaims all implied warranties, including the warranty of merchantability and fitness for a particular use.
 
11.    Dispute Resolution:
Any disputes in excess of one thousand (1000) US dollars arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney's fees, and legal interest on any award of judgment in favor of Designer.
 
12.   Acceptance of Terms:
 
The signature of both parties shall evidence acceptance of these terms.
 
SIGNED BY:
 
Date: __________________________________________
 
Designer: _______________________________________
 
Client: _________________________________________
 
 
 
 
Number of Pages9
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#43489
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Graphic Designer Contract

 

 

CLIENT:  ________________________________________________________________
 
Date: ____________________________________________________________________
 
Commissioned by: _________________________________________________________
 
Purchase Order Number: ____________________________________________________
 
Job Number: ______________________________________________________________
 
Description of Assignment: __________________________________________________
 
Use: ____________________________________________________________________
 
DESCRIPTION OF MATERIALS TO BE SUPPLIED BY CLIENT:
 
(Final Date Due is predicated on receipt of all materials to be supplied by Client)
 
Materials Supplied by :_____________( date)
 
Initial Version work starts after all materials are received. Due dates, milestone dates, and any early-completion reward dates mentioned shall be delayed by the number of days by which the Materials Supplied by the Client are late.
 
RIGHTS TRANSFERRED:
 
The material transferred can be used only for the purposes stated below. All other use(s) and modification(s) is (are) prohibited. All rights not transferred remain the property of Designer. Usage beyond that granted to the Client herein shall require payment of a mutually agreed upon additional "Reuse Fee" subject to all terms.
 
All materials, including the intermediate milestone deliverables, may not be copied without the permission of Designer, and must be returned after use.
 
TITLE & PRODUCT RIGHTS: ___________________
 
CATEGORY OF USE RIGHTS: ___________________
 
MEDIUM OF USE RIGHTS: ______________________
 
GEOGRAPHIC AREA RIGHTS: ___________________
 
EDITION / VERSION RIGHTS: ____________________
 
TIME PERIOD RIGHTS: _______________________
REPRODUCTION RIGHTS: _____________________
DERIVATIVE WORK RIGHTS: _____________________
PERFORMANCE RIGHTS: _________________________
 
Any transfer of rights is conditional on receipt of full payment.
PRODUCTION SCHEDULE (INCLUDING MILESTONES, DATES DUE, AND FEES DUE)
 
Milestone   Date due   Payment Due
 
Contract Signing   ___________   $__________
 
Delivery of Design Comps   ___________   $__________
 
Acceptance of Design Comps   ___________   $__________
 
Delivery of Initial Version   ___________   $__________
 
Acceptance of Initial Version   ___________   $__________
 
Delivery of Final Version   ___________   $__________
 
Acceptance of Final Version   ___________   $__________
 
Client agrees to pay Designer a bonus of US$ ________ per day in the event an acceptable final
version of the site is delivered to the client prior to _________ date.
 
ESTIMATED ________________________
 
DATE DUE _________________________
 
ESTIMATED EXPENSES:
 
The Client shall reimburse Designer for all expense. Expense amounts (in US$) are estimates only
 
Illustration   _______________         Printing (If brokered by Designer) ____
Photography   _______________         Communication__________________
Models & Props   ______________      Messengers______________________
Materials & Supplies________________      Transportation & Travel____________
Type   _____________________         Shipping & Insurance______________
Stats, Proofing & Copies_________      Other Expenses___________________
Mechanicals   _______________         Subtotal_________________________
 
           Supervisory and Handling fee: ________
                                                                                    Sales Tax (on applicable items):_____
                                                             TOTAL: _________________
TERMS
 
1.   Time for Payment:
Payment is due at each milestone due date as noted in the Production Schedule. All invoices for Billable Expenses are payable within thirty (30) days of receipt. A 1.5% monthly service charge is payable on all overdue balances of milestone payments and Billable Expenses. Designer retains all rights to all intermediate deliverables submitted at each milestone. The grant of any license or right of copyright to the Client is conditioned on receipt of full payment by the Client of the total amount and all Billable Expenses.
 
2.   Default in Payment:
The Client shall assume responsibility for all collection of legal fees necessitated by default in payment
 
3.   Estimates:
If this form is used for an estimate or assignment proposal, the fees and Billable Expenses shown are minimum expenses only. Final fees and Billable Expenses shall be shown when invoice is rendered. The Client's approval shall be obtained for any increases in fees or expenses that exceed the original estimate by twenty percent (20%) or more.
 
4.   Billable Expenses:
The Client shall reimburse ___________ (Designer) for all direct and indirect billable expenses arising from this assignment, regardless of whether the assignment is Cancelled or Terminated. Billable Expenses include but are not limited to costs of commissioning images or subcontracting talent, software or run-time license costs, the payment of any sales tax due on this assignment, any travel, research, postage and delivery, photocopying, and storage media expenses. The mark up charged by Designer for supervisory and handling time on all Billable expenses shall be, ______percent of the Billable Expenses incurred. The Client shall advance US$, _______to Designer upon the acceptance of the Site Design for payment of said Billable Expenses
 
5.   Acceptance Procedures:
Unless otherwise noted in Acceptance milestone dates of the Production Schedule, during the Review Period within_________, calendar days of a Delivery, the Client shall either accept the deliverable and make the milestone payment set forth in the Production Schedule, or provide Designer with written notice of any corrections to be made and a suggested date for completion of the corrections which should be mutually acceptable to both Designer and the Client, or provide a written notice of assignment Termination if the work is found not to be reasonably satisfactory. The Client can terminate the assignment only during this Review Period following the delivery of a milestone deliverable. Any other termination of the Assignment shall be considered a Cancellation subject to the stipulations of Item 7. Designer shall designate_________, (Name) and the Client shall designate __________, (Name) as the only designated persons who will send and accept all deliverables and receive and make all communications between Designer and the Client. Neither party shall have any obligation to consider for approval nor did respond to materials submit other than through the designated persons listed above. Each party has the right to change its designated person upon_______, calendar day(s) notice to the other.
 
6.   Cancellation:
The Client may declare the Cancellation of the assignment for reasons not related to assignment Termination defined in Item 6. In the event of Cancellation of this assignment by the Client, any milestone payments made prior to cancellation shall be retained by Designer. In addition, if cancellation is prior to the delivery of the Design Comps, a cancellation fee of fifteen percent (15%) of the balance of the Total payments shall be paid by the Client. If the cancellation is later but prior to the acceptance of a Design Comp, a fee of thirty percent (30%) of the balance of the Total payments shall be paid by the Client. If the cancellation is later but prior to the delivery of the Initial Version, the cancellation feed shall be fifty percent (50%) of the balance of Total payments. If the cancellation is after the delivery of the Initial Version, the cancellation fee shall be one hundred percent (100%) of the balance of all remaining dues. Regardless of when the project is cancelled, all billable expenses already incurred by Designer or Designer is liable to pay for shall be paid by the Client in full. In the event of cancellation, Designer retains ownership of all copyrights and any original artwork
 
7.   Assignment Termination:
In the event that work in process is found by the client not to be reasonably satisfactory in accordance with the acceptance procedures in Item 6; the client may pay a termination fee to terminate the assignment. Any milestone payments made prior to termination shall be retained by Designer. If assignment termination occurs prior to the acceptance of a Design Comp, the client shall pay a rejection fee of ten percent (10%) of the balance of Total payments. If termination occurs after the delivery of the Initial Version, the termination fee shall be twenty percent (20%) of the balance of Total payments. If termination occurs after the acceptance of the Initial Version, the termination fee shall be one hundred percent (100%) of the balance of total payments. Regardless of when the assignment is terminated, all billable expenses already incurred by Designer or Designer is liable to pay for shall be paid by the Client in full. In the event of termination, Designer retains ownership of all copyrights and any original artwork created by Designer. However, the Client retains all rights already purchased by Designer on behalf of the Client from third parties.
 
8.   Ownership and Return of Artwork:
The Client acknowledges and agrees that Designer retains ownership of all original artwork, in any media, including digital files, whether preliminary or final. The Client waives the right to challenge the validity of Designer's ownership of the art subject to this agreement because of any change or evolution of the laws. The Client shall return such artwork within thirty (30) days of use unless indicated otherwise below:
 
9.   Warranty of Originality:
Designer warrants and represents that, to the best of its knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that Designer has full authority to make this agreement; and that the work prepared by Designer does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of DESIGNER's product which may infringe on the rights of others. CLIENT EXPRESSLY AGREES THAT IT WILL HOLD DESIGNER HARMLESS FOR ALL LIABILITY CAUSED BY THE CLIENT's USE OF DESIGNER's PRODUCT TO EXTENT SUCH USE INFRINGES ON THE RIGHTS OF OTHERS.
 
10.   Limitation of Liability:
Client agrees that it shall not hold Designer or its agents or employees liable for any incidental or consequential damages which arise from Designer's failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Designer or a third party. Furthermore, Designer disclaims all implied warranties, including the warranty of merchantability and fitness for a particular use.
 
11.    Dispute Resolution:
Any disputes in excess of one thousand (1000) US dollars arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney's fees, and legal interest on any award of judgment in favor of Designer.
 
12.   Acceptance of Terms:
 
The signature of both parties shall evidence acceptance of these terms.
 
SIGNED BY:
 
Date: __________________________________________
 
Designer: _______________________________________
 
Client: _________________________________________
 
 
 
 

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