Graphic Design Contract Template
This attorney drafted graphic design contract template sets forth
the terms of an agreement between an individual and a graphic
designer (or a graphic design firm) for the performance of certain
graphic design services. The document contains numerous
standard contract provisions as well as options to customize the
contract to more fully set forth the agreement between the parties,
including among others, optional confidentiality and dispute
resolution provisions.
ALL INFORMATION AND FORMS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY,
EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING AS TO THEIR LEGAL EFFECT AND
COMPLETENESS. They are for guidance and should be modified to meet your needs and the
laws of your state. Use at your own risk. Docstoc and anyone who participated in providing or
modifying any form is not creating or entering into an Attorney-Client relationship. Docstoc
© Copyright 2011 Docstoc Inc. does not provide legal advice. The information and forms are not a1 substitute for the advice of
your own attorney.
Graphic Design Contract
On this __ day of ____, 20__, [Instruction: Insert date.] ______ [Instruction: Insert
graphic designer’s name.] as graphic designer (“Designer”) and ____, [Instruction: Insert
client’s name.] as client (“Client”) for services in connection with the scope of work described
on attached Exhibit A hereto and made a part hereof (the "Project"), including, without
limitation, the following: _______ [Instruction: Insert brief project description, more full
description to be attached.]).
WHEREAS the Designer _____ [Instruction: Insert brief description of what type of
work Designer performs.] for individuals and companies for the purpose of use in books,
magazines, pamphlets, textbooks and such other printed materials [Option: Insert additional
print media illustrator designs and creates for, including internet, if applicable.];
AND WHEREAS the Client desires to obtain the services of the Designer for the
purposes of designing and creating illustrations for ___________________ [Instruction: Insert
purpose of contract, as well as any specified electronic file format.];
AND WHEREAS the Designer and the Client desire to enter into this Agreement to
provide for the terms and conditions and rights and obligation of the Designer and the Client
with respect to the Project.
IN CONSIDERATION of the promises and other good and valuable consideration set forth, the
parties agree as follows:
1. Fee: The Client shall pay to the Designer the sum of _______________ ($_____)
[Instruction: Insert payment amount.] United States Dollars (the “Purchase Price”) for
the completed Project. Upon execution of this Agreement, the Client shall pay a deposit
of _____________ ($_____) [Instruction: Insert deposit amount.] United States
Dollars (the “Deposit”) to the Designer which shall be paid by way of cash, check,
money order or bank draft or by such other means as the parties hereto may agree. Upon
the Designer delivering the final good copy of the Project to the Client, the Client shall
pay to the Designer the balance of the Purchase Price due and owing being the amount of
______________ ($____________) [Instruction: Insert final balance.] United States
Dollars. In the event of any additional payment being due, as a result of additional
requested changes, alterations or amendments, such payment shall be at a rate of ____
($__) [Instruction: Insert hourly charge for additional work performed.] United
States Dollars per hour, and shall be payable immediately upon demand by Designer,
upon the presentment of a written invoice by Designer to Client. Such written invoice
shall contain a detailed description of time spent on such additional requested changes,
alterations or amendments. The final balance, and any additional payments, shall be paid
by way of cash, check, money order or bank draft or by such other means as the parties
hereto may agree. In the event the Project is cancelled by the Client for any reason
whatsoever, through no fault of Illustrator, prior to the Designer completing the Project,
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the Client shall pay to the Designer _______ (__%) [Instruction: Insert percentage due
to Designer.] of the Purchase Price for all work which has been completed by the
Designer.
2. Payment
All invoices are payable within 21 business days of receipt. A $50 [Comment: This
amount can be changed pursuant to the parties agreement.] service charge is payable
on all overdue balances for reissuing each invoice at 45, 60, 75 and 90 days from the date
of original invoice. The grant of any license or right of copyright is conditioned on
receipt of full payment.
3. Default in Payment
The Client shall assume responsibility for cost outlays by Designer in all collections of
unpaid fees and of legal fees necessitated by default in payment. Invoices in default will
include but are not limited to fees for collection and legal costs.
4. Changes
The Client must assume that all additions, alterations, changes in content, layout or
process changes requested by the customer will alter the time and cost. The Client shall
offer the Designer the first opportunity to make any changes.
5. Expenses
The Client shall reimburse the Designer for all expenses arising from this assignment or
the Project, including the payment of any sales taxes due on this assignment or the work
performed in completing the Project, and shall advance the Designer for payment of said
expenses, including but not limited to Stock Photography, Artwork and/or material
needed for the Project.
6. Cancellation
Notwithstanding the provisions herein regarding payment upon cancellation, in the event
of cancellation of all or any portion of the Project, ownership of all copyrights and the
original artwork shall be retained by the Designer.
7. Ownership and Return of Artwork
The Designer retains ownership of all original artwork, whether preliminary or final, and
the Client shall return such artwork within 30 days of use unless indicated otherwise
below. If transfer of ownership of all rights is desired, the rates may be increased. If the
Client wishes the ownership of the rights to a specific design or concept, these may be
purchased at any time for a recalculation of the hourly rate on the time billed or the entire
project cost.
8. Credit Lines
The Designer and any other creators shall receive a credit line with any editorial usage. If
similar credit lines are to be given with other types of usage, it must be so indicated here.
9. Releases
The Client shall indemnify the Designer against all claims and expenses, including
attorney’s fees, due to the uses for which no release was requested in writing or for uses
that exceed authority granted by a release.
10. Modifications
Modifications of the terms of this contract must be written and authorized by both parties,
involving the implementation of a new version of the contract as a whole following
standard procedures of documentation and approval.
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11. Original Work
The Designer warrants and represents that, to the best of his/her knowledge, the work
assigned hereunder and the work performed for the client as all or any portion of the
Project is original and has not been previously published, or that consent to use and
assign same has been obtained on an unlimited basis; that all work or portions thereof
obtained through the undersigned form third parties is original or, if previously published,
that consent to use and assign same has been obtained on an unlimited basis; that the
Designer has full authority to make this agreement; and that the work prepared by the
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 the Designer’s product
that may infringe on the rights of others. Client expressly agrees that it will hold the
Designer harmless for all liability caused by the Client’s use of the Designer’s product to
the extent such use infringes on the rights of others.
12. Limitation of Liability
Client agrees that it shall not hold the Designer or his/her agents or employees liable for
any incidental or consequential damages that arise from the 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 the Designer or Client, any client
representatives or employees, or a third party.
13. Dispute Resolution
Any disputes in excess of the maximum limit for small-claims court 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. [Optional language and Comment: The Client shall pay all arbitration and
court cost, reasonable attorney’s fees, and legal interest on any award of judgment
in favor of the Designer. Parties may revise the payment obligation.] All actions,
whether brought by Client or by Designer will be filed in the Designer’s state/county of
business/residence.
14. Acceptance of Terms
The signature of both parties shall evidence acceptance of these terms.
15. Optional language: Confidentiality
The Designer agrees to keep confidential all materials, treatments, story lines and
business plans disclosed by the Client to Designer to assist in the preparation of the
Project, and shall not disclose any such information to any third party without the
Client’s prior written consent.
16. Relationship Between Parties
Nothing in this Agreement shall be deemed to create any relationship of partners or joint
ventures between the Client and the Designer, nor shall there be any or be deemed to be
any employer/employee relationship.
17. Governing Law
This Agreement shall be governing in accordance with the laws of the State of
_______________ [Instruction: Insert state.] applicable therein. If any provision of this
Agreement or the application thereof shall, for any reason and to any extent, be invalid or
unenforceable, neither the remainder of this Agreement nor the application of the
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provision to other persons, entities or circumstances shall be affected thereby, but instead
shall be enforced to the maximum extent permitted by law.
18. Facsimile Counterparts
This document or any subsequent amendment hereto may be executed by facsimile
and/or in one or more counterparts, each of which when so executed and delivered shall
be deemed an original, but all of which taken together shall constitute but one and the
same original. Each party shall accept any such signed faxed counterpart as full
execution of this document or any subsequent amendment thereto.
IN WITNESS WHEREOF the parties hereto have duly executed this Agreement as of the day and
year first written above.
___________________________
Client
___________________________
Designer
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Exhibit A
Scope of Work
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