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What is a Graphic Design Agreement?
A graphic design agreement is a legal document designed to safeguard the interests of both parties involved. A contract defines the relationship between business owners and freelancers regarding project scope, deadlines, compensation, rights, and responsibilities.
A graphic design agreement also specifies what the designer needs to know what they are getting into before they agree on anything else or sign any paperwork. The best contracts clearly define deadlines, compensation, and payment schedule.
Common Sections in Graphic Design Agreements
Below is a list of common sections included in Graphic Design Agreements. These sections are linked to the below sample agreement for you to explore.
Graphic Design Agreement Sample
Exhibit 10.3
GRAPHIC DESIGN AGREEMENT
Client: Ei Gi Ci, GmbH
Primary Contact: Tomas Klimsen, CEO
Project: Brand Design, Promo Design
Delivery date: April 15, 2016
Designer: Spelt Group Corp.
Contract Price: $4,000 (Four thousand dollars)
This agreement is an offer by Designer to Client made on December 1, 2015 for Designer to provide creative Work as requested by Client.
1. Work
Client requests Designer to create brand design for the client (Logo Design, Business Card Design, Corporate Stationery Design, Company Brochure Design) and Promo Design (Posters, Advertising Materials, Banners, Promo Cards). Work includes only the final, deliverable art, and not any preliminary Work or sketches.
2. Delivery of the Work
Designer shall complete the Work by April 15, 2016 (“Delivery Date”). This Agreement can be prolonged on bilateral agreement.
3. Payment
In consideration of the Work to be performed by Designer, Client shall prepay to Designer 50% of the contract price ($2,000) not later then January 31, 2016. The Client shall pay the last 50% of the contract price ($2,000) not later then 10 days after Delivery Date (April 15, 2016). The Project pricing includes Designer’s fee only. Any and all outside costs including, but not limited to, equipment rental, photographer’s costs and fees, photography and/or artwork licenses, prototype production costs, talent fees, photobank’s pictures will be billed to Client. Every additioanal work shall be paid on an hourly basis - $50 for an hour.
4. Grant of Rights
Designer agrees to the perpetual license of the right to display and transmit Work to Client, excluding the right to authorship credit, modification, and resell, which is retained by Designer. Designer agrees that Work is produced with the intent it be unique and will not seek to resell or publish Work, except as noted below.
5. Designer’s Right to Authorship Credit
Designer may use Work in Designer’s portfolio (including, but not limited to, any website that displays Designer’s Works). Client does not have to display Designer’s name together with Work, unless being described with any editorial usage, but Client may not seek to mislead others that Work was created by anyone other than Designer.
6. Cancellation
The fee for Work is refundable pending only upon Designer’s breach of agreement. In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Designer, and a cancellation fee for work completed, shall be paid by the Client. If the project is on an hourly basis the and project is canceled by Client, Client agrees to pay no less than 100% of the hours already billed for the project at the time of cancellation plus a flat fee of 50% the remaining hours that were expected to be completed on the project, whichever is greater. If the project has a firm quote, Client agrees to pay a flat fee 15% of the total quote.
7. Limitation of Liability
Client agrees that Designer will not be liable for any incidental or consequential damages that arise from Designer’s performance of this commission (including, but not limited to, failure to perform in a timely manner, regardless of whether the failure was intentional or negligent.)
8. Dispute Settled by Arbitration, and Governing Law
Any dispute under or about this Agreement must be submitted to and resolved by arbitration. Parties will bear their own costs. Any court may enforce the arbitration award. This Agreement will be governed by the laws of Nevada, in the country of the United States of America.
9. Acceptance of terms
The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. Designer as sender and Client as recipient will acknowledge acceptance of these terms either through an e-mail noting acceptance or acceptance is acknowledged at the beginning of any work on said project. Electronic signatures shall be considered legal and binding.
Client: /s/ Tomas Klimsen, CEO , on December 1, 2015
Designer: /s/ Elena Petrova, President , on December 1, 2015
Reference:
Security Exchange Commission - Edgar Database, EX-10.3 2 serviceagreement_egc.htm, Viewed December 13, 2021, View Source on SEC.
Who Helps With Graphic Design Agreements?
Lawyers with backgrounds working on graphic design agreements work with clients to help. Do you need help with a graphic design agreement?
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Meet some of our Graphic Design Agreement Lawyers
Sunnita B.
Experienced sports and entertainment attorney. I specialize in contracts, business formation, licensing, wage disputes, negotiations, and intellectual property.
Ralph S.
Ralph graduated from University of Florida with his JD as well as an LLM in Comparative Law. He has a Master's in Law from Warsaw University , Poland (summa cum laude) and holds a diploma in English and European Law from Cambridge Board of Continuous Education. Ralph concentrates on business entity formation, both for profit and non profit and was trained in legal drafting. In his practice he primarily assists small to medium sized startups and writes tailor made contracts as he runs one of Florida disability non profits at the same time. T l Licensed. in Florida Massachusetts and Washington DC this attorney speaks Polish.
Tim E.
Tim advises small businesses, entrepreneurs, and start-ups on a wide range of legal matters. He has experience with company formation and restructuring, capital and equity planning, tax planning and tax controversy, contract drafting, and employment law issues. His clients range from side gig sole proprietors to companies recognized by Inc. magazine.
Damien B.
My legal coverage includes Business Law, Commercial Litigation, Appeals and Trusts & Estates. I also handle Trademark applications and issues. I am a designated FINRA (Financial Industry Regulatory Authority) arbitrator. I have done pro bono work in the Federal Court mediation program. I have worked for companies as a legal writer, editor and content provider. I have written legal articles for the New York Law Journal and the New York State Bar Association magazine. I was a guest lecturer at New York University on the First Amendment in the M.S. program of Public Relations and Corporate Communication program for the course Communication Ethics, Law and Regulation (Adjunct Professor Douglas Rozman). I graduated from Harvard University with an MPA, from Brooklyn Law School with a JD where I was a Richardson Merit Scholar; and Carnegie Mellon University with a BS, cum laude, concentrating in Administration and Management Science, Mathematics and Economics.
October 3, 2023
Nicole Y.
Nicole Yñigo is an accomplished attorney with over nine years of experience in the legal field. Raised in Miami, she obtained her education from the School for Advanced Studies, Florida International University, and St. Thomas University School of Law. Nicole is dedicated to helping her clients achieve their legal goals and has built a strong reputation for providing personalized and effective legal representation. She has worked with various law firms and insurance companies on both Plaintiff and Defense matters. Nicole is the founder of The Ynigo Legal Group, where she offers compassionate and competent legal counsel in a direct and practical approach.
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Gunnar C.
I am a multifaceted lawyer, experienced in corporate law, nonprofits, private equity, real estate, financial services, taxation, trust and estate planning, and philanthropy. I am a strategic thinker and cross-functional collaborator who understands the importance of balancing revenue needs with business-minded legal counsel. I am skilled and experienced in preparing and reviewing SaaS agreements, service and vendor agreements, confidentiality, NDAs, data privacy, IP, licensing, real estate transactions, and partnership agreements.
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Gina S.
Experienced business attorney in the field of real estate, construction, and design.
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Doc Type: Graphic Design Agreement
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Bid Range: $500 - $1,500
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