Freelance Graphic Design Contract
This Graphic Design Agreement (the "Agreement") is entered into on 2023-10-01 (the "Effective Date") by and between Client Inc. ("Client") with an address of 123 Client St and Designer Name ("Designer") with an address of 456 Designer Rd.
1. Project Description and Scope
Designer agrees to create the following design work (the "Deliverables"):
Project Description: Logo and Branding Package
Specific Deliverables:
- Primary Logo
- Secondary Logo
- Brand Guidelines
File Formats: Final files will be delivered in the following formats: AI, PDF, PNG (e.g., AI, PSD, PDF, JPG, PNG, SVG)
Dimensions/Specifications: Vector format
2. Timeline and Schedule
Project Start Date: 2023-10-01
Project Milestones:
- Initial Concept Presentation: 2023-10-07
- Client Feedback Due: 2023-10-10
- Revised Design Due: 2023-10-15
- Final Delivery: 2023-10-20
Designer will make commercially reasonable efforts to meet these dates. Delays caused by Client's failure to provide timely feedback or materials will extend the delivery dates accordingly.
3. Revisions and Changes
Included Revisions: Client is entitled to 3 rounds of revisions at no additional cost.
Revision Definition: A revision round includes reasonable changes to the presented design that do not alter the fundamental scope or direction of the project.
Additional Revisions: Revisions beyond the included rounds will be billed at $75 per hour.
Scope Changes: Substantial changes to the project scope will require a written change order and may result in adjusted fees and timelines.
4. Compensation and Payment Terms
Total Project Fee: $1500
Payment Schedule:
- Deposit: $750 (due upon signing to begin work)
- Progress Payment: $0 (due upon N/A)
- Final Payment: $750 (due upon delivery of final files)
Payment Method: Bank Transfer
Late Payments: Invoices not paid within 15 days will incur a late fee of 5% per month. Designer may suspend work until payment is received.
Expenses: Additional expenses (stock photos, fonts, printing, etc.) will be billed separately with Client approval: at cost
5. Ownership and Intellectual Property Rights
Copyright Transfer: Upon receipt of full payment, Designer assigns to Client all rights, title, and interest in the final approved design, including copyright.
Designer Retain Rights to: Preliminary designs, concepts not selected, and any pre-existing materials or templates used in the design.
Portfolio Use: Designer retains the right to display the completed work in Designer's portfolio, website, and promotional materials unless otherwise agreed: portfolio restrictions
Credit: Designer may include a credit line on the work as follows: designer credit
6. Client Responsibilities
Client agrees to:
- Provide all necessary content, images, logos, and materials by client materials due
- Provide timely feedback within client feedback days business days
- Ensure all materials provided are properly licensed and do not infringe on third-party rights
- Designate a primary contact for approvals: client contact
7. Design Standards and Approval
Quality Standards: All designs will be created to professional industry standards.
Approval Process: Client shall review and approve designs at each milestone. Written approval (email acceptable) is required before proceeding to the next phase.
Final Approval: Once Client approves final designs, no further changes will be made without additional fees.
8. Representations and Warranties
Designer Warrants:
- Designer has the right and authority to enter into this Agreement
- The final design will be original work or properly licensed
- The design will not infringe on any copyright, trademark, or other intellectual property rights
- Designer will comply with all applicable laws and regulations
Client Warrants:
- Client has the authority to enter into this Agreement
- All materials provided by Client are properly licensed and do not infringe on third-party rights
- Client will use the design in compliance with all applicable laws
9. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the course of this project. This obligation survives termination of this Agreement.
10. Termination
Termination by Client: Client may terminate this Agreement at any time by providing termination notice days days written notice. Client shall pay for all work completed to date, including a kill fee of kill fee if applicable.
Termination by Designer: Designer may terminate if Client fails to make required payments or breaches a material term of this Agreement.
Effect of Termination: Upon termination, Designer shall deliver all completed work, and Client shall pay all outstanding fees. Rights to incomplete work remain with Designer.
11. Indemnification
Client agrees to indemnify Designer against any claims arising from Client-provided materials. Designer agrees to indemnify Client against claims of infringement arising from Designer's original work.
12. Limitation of Liability
Neither party shall be liable for indirect, incidental, special, or consequential damages. Designer's total liability shall not exceed the total fees paid under this Agreement.
13. Independent Contractor
Designer is an independent contractor, not an employee. Designer is responsible for all taxes, insurance, and business expenses.
14. Governing Law and Dispute Resolution
This Agreement shall be governed by the laws of governing jurisdiction.
Disputes shall first be attempted to be resolved through good faith negotiation. If unsuccessful, disputes shall be resolved through dispute resolution method (mediation/binding arbitration) in dispute location.
15. Miscellaneous
Entire Agreement: This Agreement constitutes the entire agreement and supersedes all prior discussions or agreements.
Amendments: This Agreement may only be modified in writing signed by both parties.
Severability: If any provision is found invalid, the remaining provisions shall continue in effect.
Force Majeure: Neither party shall be liable for delays caused by circumstances beyond their reasonable control.
16. Notices
All notices shall be sent to the addresses above or:
Client Email: client email Designer Email: designer email
17. Signatures
The parties agree to the terms and conditions set forth above as demonstrated by their signatures below:
CLIENT
Date: 2023-10-01
Name: Client Inc.
Signature: _____________________________
DESIGNER
Date: 2023-10-01
Name: Designer Name
Signature: _____________________________