Graphic Design Agreement: Definition, Terms, Example
Jump to Section
Quick Facts — Graphic Design Agreement Lawyers
- Lawyers available: 36 business lawyers
- Clients helped: 13 recent graphic design agreement projects
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?
Post a project in ContractsCounsel's marketplace to get free bids from lawyers to draft, review, or negotiate graphic design agreements. All lawyers are vetted by our team and peer reviewed by our customers for you to explore before hiring.
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
Meet some of our Graphic Design Agreement Lawyers
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.
"Ralph was excellent to work with. He was prompt, personable, and communicated with me every step of the way. Highly recommend!"
Zachary J.
I am a solo-practitioner with a practice mostly consisting of serving as a fractional general counsel to growth stage companies. With a practical business background, I aim to bring real-world, economically driven solutions to my client's legal problems and pride myself on efficient yet effective work.
"Zachary’s review was quick and thorough. He was very helpful and communicative throughout the process."
Jason H.
Jason has been providing legal insight and business expertise since 2001. He is admitted to both the Virginia Bar and the Texas State Bar, and also proud of his membership to the Fellowship of Ministers and Churches. Having served many people, companies and organizations with legal and business needs, his peers and clients know him to be a high-performing and skilled attorney who genuinely cares about his clients. In addition to being a trusted legal advisor, he is a keen business advisor for executive leadership and senior leadership teams on corporate legal and regulatory matters. His personal mission is to take a genuine interest in his clients, and serve as a primary resource to them.
"Wonderful attorney! He was extremely professional, answered all of my questions and was patient with my complicated legal situation. Don’t hesitate to hire him."
Christopher R.
Trusted business and intellectual property attorney for small to midsize businesses.
"Chris was knowledgable, fast and easy to work with. He created a custom Terms of Service document and Privacy Policy for an internet-based business."
Sara S.
With over eleven years of intellectual property experience, I’m happy to work on your contract problem. I am very diligent and enjoy meeting tight deadlines. Drafting memoranda, business transactional documents, termination notices, demand letters, licenses and letter agreements are all in my wheelhouse! Working in a variety of fields, from construction to pharmaceutical, I enjoy resolving any disputes that come across my desk. I will prioritize your project, big or small. Please be ready and prepared with all relevant documentation so we can get started as soon as you click HIRE! Hourly rate projects will be billed hourly in accordance with the timesheet. Flat rate projects will be billed in segments. Choosing an hourly or flat rate is up to you. Absolutely no refunds.
"Sara was responsive and knowledgeable about prenup specifics. Thank you so much!"
Robert Jay H.
Robert Jay H.
My Legal career has focused on representing businesses (corporations and limited liability companies) as general outside counsel. In this capacity, I have drafted a broad range of legal documents as well as analyzed proposed agreements drafted by the other party's attorney to the agreement for the purpose of determining the risks to which my client would be exposed. I maintained the client's minute book if no one in-house was available for that task. Additionally, if requested, I served as a general advisor to the client's executive offers and to its Board of Directors.
"We - a European medtech startup - highly recommend Robert. Very nice communication style, great knowhow and really going the extra mile to help us with professional legal advice entering the US market."
August 5, 2021
Simon C.
Corporate counsel with years of in-house experience working with and reporting to board / executive-level and upper management, along with extensive regional / national law firm background in commercial transactions and contracts, complex commercial litigation, and employment matters. Skilled at executing corporate priorities, driving profitability by implementing goal-oriented processes to achieve revenue and productivity targets, and managing company litigation and outside counsel. Recognized for creating policies and practices to address ethical dilemmas and resolving misconduct.
Find the best lawyer for your project
Browse Lawyers NowLawyer Reviews for Graphic Design Agreement Projects
Review Commission Work Contract (publishing/artwork)
"Very helpful and professional. I recommend him."
Business Contracts
Graphic Design Agreement
New York
Can a graphic design agreement be terminated if the client is unsatisfied with the designer's work?
I recently hired a graphic designer to create a logo for my business, and we entered into a graphic design agreement that outlined the scope of work, payment terms, and timeline. However, I am unsatisfied with the designer's work as it does not meet my expectations and requirements. I would like to terminate the agreement and seek another designer, but I am unsure if I have the right to do so and if there are any legal implications or obligations that I should be aware of.
Damien B.
To make the decision less subjective, consider whether the designer has failed to meet the agreed-upon terms, such as missing deadlines or not adhering to the specified requirements. For example, if you provided clear and specific requirements and the designer failed to meet them, this could be considered a material breach of the agreement. On the other hand, if the designer is making a good faith effort to fulfill the terms and the dissatisfaction stems from subjective preferences, it may be more challenging to establish legal grounds for termination—unless the agreement explicitly permits termination based on dissatisfaction.
Graphic Design
Graphic Design Agreement
California
Is it necessary to have a written agreement for a graphic design project?
I am a freelance graphic designer and recently I had a client who requested a logo design for their business. We discussed the project details verbally, but I didn't have a written agreement in place. Now that the project is complete, the client is refusing to pay and claiming they are not satisfied with the final design. I'm wondering if having a written agreement in place would have protected me in this situation and if it is necessary for future graphic design projects to avoid similar disputes.
Dawn K.
I always recommend a signed agreement that covers the basics of "Q-TIPS"- this is for educational purposes only, by the way. The 1. Quantity 1 logo- plus, I would add the number of revisions under the agreement, because creative work often needs tweaks and you will be unprofitable when there are hours involved in 6 revisions when you only said 2. Time of Performance- 2 weeks? a month? 6 months? when will the project be done? When will payment be due? 3. Identity of the parties (pretty self-explanatory)4. Price (not your estimate, a contracted price) and 5. Subject matter. Not "logo" but an actual description with the colors, fonts, ideas. Finally, I would encourage project management software, like Trello, or Monday, or Asana, or whatever to track the phases of the project and the critical places the client must sign off on the design or document carefully the requests for revision. In a creative space, like graphic design, the final like or dislike can be subjective. You were hired to create a brand and an identity into a logo- and you didn't get paid. Based on the agreement, this is potentially small claims to enforce a verbal agreement.
Business Contracts
Graphic Design Agreement
Florida
Is it necessary to have a written Graphic Design Agreement for freelance projects?
I am a freelance graphic designer who often takes on various projects for clients. While I have typically relied on verbal agreements or informal emails to outline the project scope, deliverables, and payment terms, I recently had a negative experience where a client disputed our agreed-upon terms. This incident made me wonder if it is essential to have a written Graphic Design Agreement in place to protect both parties' rights and ensure clear communication and expectations from the beginning of a project.
Ralph S.
It is highly recommended, but it is not necessary (ie required by law) to have a written agreement in most circumstances. But, as in with any handshake agreement- it will hard to figure out if there's a misunderstanding or something goes wrong. You end up in court, having people give testimony about what was and what wasn't the deal, and you're asking the judge/jury to go through your emails to try to get an understanding. Not to mention, an agreement can force things like mediation and arbitration to makes things easy. Also, without a writing you can both be wrong about your understanding of what the deal was, nobody being at blame. Litigating is never simple or easy or fast. Unless it's in small claims. Making it easy on yourself or your future lawyer can help you avoid a lot of future headache.
Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
View Trustpilot ReviewHow It Works
Business lawyers by top cities
- Austin Business Lawyers
- Boston Business Lawyers
- Chicago Business Lawyers
- Dallas Business Lawyers
- Denver Business Lawyers
- Houston Business Lawyers
- Los Angeles Business Lawyers
- New York Business Lawyers
- Phoenix Business Lawyers
- San Diego Business Lawyers
- Tampa Business Lawyers
Graphic Design Agreement lawyers by city
- Austin Graphic Design Agreement Lawyers
- Boston Graphic Design Agreement Lawyers
- Chicago Graphic Design Agreement Lawyers
- Dallas Graphic Design Agreement Lawyers
- Denver Graphic Design Agreement Lawyers
- Houston Graphic Design Agreement Lawyers
- Los Angeles Graphic Design Agreement Lawyers
- New York Graphic Design Agreement Lawyers
- Phoenix Graphic Design Agreement Lawyers
- San Diego Graphic Design Agreement Lawyers
- Tampa Graphic Design Agreement Lawyers
ContractsCounsel User