Design Consulting Contract Template for Australia

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Key Requirements PROMPT example:

Design Consulting Contract

"I need a Design Consulting Contract for my graphic design agency to work with TechCorp Australia on their new product launch campaign starting March 2025, including provisions for protecting our creative IP and handling confidential product information."

Document background
The Design Consulting Contract serves as a comprehensive legal framework for professional design services in Australia, suitable for both individual designers and design firms engaging with clients across various industries. This document is essential when a design professional or agency is engaged to provide specialized design services, whether for one-off projects or ongoing consultancy arrangements. It includes crucial elements such as scope definition, intellectual property rights, payment structures, and quality standards, all aligned with Australian legal requirements. The contract helps prevent disputes by clearly defining expectations, deliverables, and responsibilities while ensuring compliance with Australian consumer law, professional standards legislation, and design industry best practices. It's particularly valuable for protecting both the designer's creative interests and the client's commercial objectives in the Australian business environment.
Suggested Sections

1. Parties: Identifies and provides full details of the contracting parties - the design consultant and the client

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Scope of Services: Detailed description of the design services to be provided

5. Term and Timing: Duration of the agreement and key project milestones

6. Fees and Payment Terms: Compensation structure, payment schedule, and related terms

7. Intellectual Property Rights: Ownership and usage rights of designs and creative works

8. Confidentiality: Protection of confidential information shared during the engagement

9. Obligations of the Designer: Key responsibilities and commitments of the design consultant

10. Obligations of the Client: Client's responsibilities including provision of information and approvals

11. Variations: Process for managing changes to the scope or deliverables

12. Termination: Circumstances and process for ending the agreement

13. Liability and Insurance: Risk allocation, limitation of liability, and insurance requirements

14. General Provisions: Standard legal clauses including governing law, notices, and dispute resolution

Optional Sections

1. Non-Compete: Restrictions on working with competitors - used when sharing sensitive industry information

2. Sub-contracting: Terms for engaging third parties - included when sub-contractors may be needed

3. Performance Metrics: Specific KPIs or quality standards - used for complex or high-value projects

4. Client Materials: Handling of client-provided materials and content - relevant when client provides significant inputs

5. International Work: Special provisions for cross-border services - needed for international projects

6. Portfolio Rights: Right to use work in portfolio - important for design professionals

7. Moral Rights: Treatment of moral rights under copyright law - relevant for creative works

8. Site Access: Terms for accessing client premises - needed when on-site work is required

Suggested Schedules

1. Schedule 1 - Scope of Work: Detailed specification of deliverables, timelines, and project phases

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, expenses, and payment milestones

3. Schedule 3 - Design Brief: Client's requirements, preferences, and project objectives

4. Schedule 4 - Project Timeline: Detailed project schedule with key milestones and deadlines

5. Appendix A - Required Insurance: Specific insurance types and coverage amounts required

6. Appendix B - Key Personnel: Details of key team members and their roles

7. Appendix C - Technical Requirements: Technical specifications and standards to be met

8. Appendix D - Approval Process: Detailed workflow for design approvals and revisions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Architecture

Interior Design

Graphic Design

Industrial Design

Digital Design

Fashion Design

Product Design

User Experience Design

Retail

Construction

Technology

Manufacturing

Advertising

Entertainment

Real Estate

Hospitality

Relevant Teams

Legal

Procurement

Design

Operations

Creative Services

Business Development

Risk Management

Commercial

Project Management

Client Services

Contracts Administration

Relevant Roles

Design Director

Creative Director

Project Manager

Legal Counsel

Procurement Manager

Design Manager

Contract Administrator

Business Development Manager

Operations Manager

Chief Creative Officer

Design Consultant

Client Services Manager

Commercial Manager

Risk Manager

Senior Designer

Creative Services Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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