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Graphic Design Retainer Contract

Graphic Design Retainer Contract Template for New Zealand

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Key Requirements PROMPT example:

Graphic Design Retainer Contract

"I need a Graphic Design Retainer Contract for my small marketing agency in Auckland, providing monthly design services to local businesses, with a simple monthly fee structure and basic IP transfer terms."

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Document background
This Graphic Design Retainer Contract is designed for use in New Zealand business contexts where ongoing graphic design services are required on a regular basis. It is particularly suitable for situations where a client needs consistent access to design services without the commitment of full-time employment. The contract addresses key aspects including service scope, intellectual property rights under New Zealand law, payment terms, and service delivery standards. It provides a framework for sustainable long-term collaboration while ensuring compliance with New Zealand commercial law, copyright legislation, and fair trading requirements. This document is essential for businesses seeking to establish reliable access to design services while maintaining flexibility in their creative resource allocation.
Suggested Sections

1. Parties: Identification of the graphic designer/design company and the client, including full legal names and contact details

2. Background: Context of the agreement and brief overview of the retainer relationship

3. Definitions: Key terms used throughout the agreement, including technical design terms and retainer-specific terminology

4. Services: Detailed description of the core graphic design services covered under the retainer

5. Term and Renewal: Duration of the retainer agreement and conditions for renewal

6. Fees and Payment: Monthly retainer fee, payment terms, and billing procedures

7. Service Delivery: Turnaround times, revision processes, and project management procedures

8. Intellectual Property: Ownership and licensing of design works, including transfer of rights upon payment

9. Client Obligations: Client responsibilities including providing briefs, feedback, and materials

10. Confidentiality: Protection of confidential information for both parties

11. Termination: Conditions and process for ending the retainer relationship

12. General Provisions: Standard legal clauses including governing law, dispute resolution, and entire agreement

Optional Sections

1. Non-Compete: Restrictions on working with competing clients - include when exclusivity is required

2. Performance Metrics: Specific KPIs and quality standards - include for larger corporate clients

3. Rush Services: Terms for expedited work requests - include when offering premium urgent services

4. Team Assignment: Details of specific team members assigned - include for larger agencies with multiple designers

5. Third-Party Costs: Handling of external costs like stock photos or fonts - include when regularly using third-party resources

6. International Usage: Terms for international use of designs - include when working with global clients

7. Social Media Rights: Specific terms for social media content - include when social media design is a key component

8. Brand Guidelines Compliance: Specific obligations regarding client's brand standards - include for established brands

Suggested Schedules

1. Schedule 1: Service Level Agreement: Detailed breakdown of service levels, response times, and deliverable specifications

2. Schedule 2: Fee Schedule: Detailed pricing structure including hourly rates for work outside retainer scope

3. Schedule 3: Brand Guidelines: Client's brand guidelines and design specifications

4. Schedule 4: Project Brief Template: Standard template for submitting design requests under the retainer

5. Schedule 5: Approval Process: Detailed workflow for design approval and revision processes

6. Appendix A: Portfolio Rights: Specific terms for the designer's use of work in their portfolio

7. Appendix B: Software and Tools: List of design software and tools to be used in service delivery

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Services
Retainer Fee
Deliverables
Client Materials
Intellectual Property Rights
Design Works
Revision
Rush Service
Business Day
Confidential Information
Brand Guidelines
Project Brief
Approval
Final Artwork
Source Files
Usage Rights
Territory
Term
Commencement Date
Design Specifications
Service Hours
Additional Services
Client Representative
Designer
Monthly Allocation
Unused Hours
Completion
Third-Party Materials
Stock Images
Digital Assets
Style Guide
Creative Brief
Working Files
Milestone
Quality Standards
Response Time
Review Period
Acceptance Criteria
Portfolio Rights
Moral Rights
Clauses
Interpretation
Service Scope
Term and Renewal
Retainer Fee
Payment Terms
Service Delivery
Client Obligations
Intellectual Property
Copyright
Moral Rights
Usage Rights
Confidentiality
Non-Disclosure
Data Protection
Performance Standards
Quality Assurance
Revision Process
Approval Process
Additional Services
Rush Services
Third-Party Costs
Client Materials
Warranties
Limitation of Liability
Indemnification
Force Majeure
Termination
Suspension
Assignment
Subcontracting
Dispute Resolution
Governing Law
Notices
Entire Agreement
Variation
Severability
Relationship of Parties
Insurance
Portfolio Rights
Brand Compliance
Conflict of Interest
Relevant Industries

Marketing and Advertising

Creative Services

Digital Media

Publishing

E-commerce

Professional Services

Retail

Technology

Entertainment

Education

Non-profit Organizations

Financial Services

Healthcare

Real Estate

Hospitality

Relevant Teams

Legal

Marketing

Creative Services

Procurement

Operations

Communications

Brand Management

Project Management

Commercial

Business Development

Design Studio

Digital Marketing

Relevant Roles

Graphic Designer

Creative Director

Art Director

Marketing Manager

Brand Manager

Communications Manager

Business Development Manager

Operations Manager

Procurement Manager

Legal Counsel

Contract Administrator

Project Manager

Commercial Manager

CEO

Small Business Owner

Design Coordinator

Creative Services Manager

Industries
Contract and Commercial Law Act 2017: Sets out the fundamental rules for contract formation, interpretation, and enforcement in New Zealand. Important for establishing the basic structure and enforceability of the retainer agreement.
Copyright Act 1994: Crucial for protecting intellectual property rights in graphic design works, including ownership transfer, licensing provisions, and moral rights of the designer.
Fair Trading Act 1986: Ensures fair trading practices and prevents misleading conduct in business relationships. Relevant for service descriptions and pricing terms in the retainer agreement.
Goods and Services Tax Act 1985: Governs GST obligations for services provided, important for pricing and invoicing provisions in the contract.
Privacy Act 2020: Regulates the collection, use, and disclosure of personal information. Relevant for handling client data and confidentiality provisions.
Income Tax Act 2007: Relevant for establishing proper tax treatment of payments and confirming independent contractor status.
Electronic Transactions Act 2002: Important if the contract will be executed electronically or if services involve digital delivery methods.
Consumer Guarantees Act 1993: May be relevant if clients qualify as consumers, affecting service quality guarantees and remedies.
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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