Creating a Professional Graphic Designer Contract

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

When it comes to engaging a graphic designer, the importance of having a well-drafted contract cannot be overstated. A legally binding agreement between both parties, a graphic designer contract sets out the terms, rights and obligations that both sides need to be aware of and adhere to in order for the project to run smoothly.

The expert Genie AI team understands that a well-drafted contract is crucial in ensuring the successful completion of any project. It helps provide clarity on what’s expected of each party, outlines an agreed timeline and payment plan, establishes clear deliverables and also covers intellectual property rights - all so that the client’s interests remain protected throughout. Additionally, it should specify responsibilities on both sides and include steps for resolution should any disputes arise during the course of work.

Using Genie AI’s extensive dataset and open source community template library - which offers users access to an array of market standard professional contracts - no longer do you have to pay costly legal fees in order to draft up high quality legal documents when contracting with graphic designers. With our step-by-step guidance included too, clients can create their own contracts tailored specifically for any given project quickly and easily - with no need for a Genie AI account - freeing them up to concentrate more on their core business objectives instead.

So don’t miss out on this essential service: read on below now for our step-by-step guidance hands how you can access our free template library today!

Definitions (feel free to skip)

Project Scope: The specific limits of a project, including the required tasks, timeline, and desired outcome.
Timeline: A schedule of when certain tasks or events should occur.
Payment Terms: The conditions under which payment is to be made.
Payment Method: The ways in which payment can be made.
Legal Requirements: Rules and regulations that must be followed to ensure that an agreement is legally binding.
Rights and Obligations: The responsibilities of each party in a contract.
Intellectual Property: Creative works, such as artwork or literature, that are protected by copyright laws.
Delivery: The process of providing the final artwork to the client.
Communication Plan: A strategy for how the client and the Graphic Designer will communicate throughout the project.
Dispute Resolution Process: A method for resolving conflicts between the client and the Graphic Designer.
Digital Signature: An electronic signature used to secure a contract.

Contents

• Defining the project scope and timeline
• Identifying the project objectives
• Establishing a timeline for the project
• Establishing the payment terms and expectations
• Clarifying the payment schedule
• Determining the payment method
• Making sure the contract is legally binding
• Researching applicable legal requirements
• Ensuring the contract meets all legal requirements
• Outlining the rights and responsibilities of each party
• Defining the rights and obligations of each party
• Addressing any potential conflicts
• Specifying the Intellectual Property ownership
• Identifying the creator of the Intellectual Property
• Assigning ownership rights to the creator
• Discussing the delivery of the final artwork
• Agreeing on the method and format of delivery
• Setting a timeline for the delivery
• Creating a communication plan
• Determining the frequency of communication
• Establishing the preferred method for communication
• Establishing a dispute resolution process
• Identifying the dispute resolution process to be used
• Establishing a timeline for resolving disputes
• Securing the contract with a digital signature
• Agreeing on the digital signature to be used
• Ensuring the contract is legally binding with the digital signature
• Formalizing the agreement
• Finalizing the contract
• Sending a copy of the contract to each party

Get started

Defining the project scope and timeline

• Determine project timeline, including when the project should be completed by and any key milestones along the way
• Discuss what deliverables are expected from the Graphic Designer and the timeline for each
• Agree on any additional services that may be needed
• Agree on compensation and payment terms
• Discuss any additional details, such as copyright or confidentiality agreements
• Once the project scope, timeline, deliverables and payment terms have been finalized, the parties should sign the contract
• When the contract is signed, this step is complete and you can move on to the next step of Identifying the project objectives

Identifying the project objectives

• Discuss the project with the client to determine the project’s purpose, goals, and desired outcomes
• Identify the target audience, budget, and timeline
• Outline the deliverables or services that will be provided
• Set expectations for communication and feedback
• Determine any necessary legal permissions and requirements
• Once all these items have been identified and discussed with the client, you can move on to the next step of establishing a timeline for the project.

Establishing a timeline for the project

• Determine the project’s duration: how long it will take from start to finish
• Set deadlines for each milestone in the project
• Create a timeline for the completion of each milestone
• Outline any procedures that need to be taken for quality control
• Assign a specific date for final delivery of the project
• Make sure to include a buffer for unexpected delays
• Check in with the client regularly to make sure the timeline is still feasible

Once the timeline has been established and agreed upon by both parties, you can then move on to the next step of establishing the payment terms and expectations.

Establishing the payment terms and expectations

• Determine the total cost of the project and any additional fees
• Outline the payment schedule and payment method
• Establish a timeline for when payments are due
• Agree on any additional fees such as late fees, cancellation fees, etc.
• Include a clause that allows you to withhold final payment until the client is happy with the project
• Specify whether the client will be responsible for any additional costs such as stock photography fees
• Decide if the client will own the rights to the work upon completion
• Discuss the consequences of late payments
• When complete, add these payment terms to the contract

How you’ll know when you can check this off your list and move on to the next step: When you have agreed on all of the payment terms and included them in the contract, you will be able to move on to the next step of clarifying the payment schedule.

Clarifying the payment schedule

• Outline when payment is expected and how much will be paid for each milestone
• Decide if payment will be made in installments or as a lump sum at the end of the project
• Agree on a timeline for when payment will be received
• Determine a payment method (e.g., check, wire transfer, PayPal, etc.)
• Establish the consequences if payment is not received in a timely manner
• Confirm that all payment details are clearly written in the contract
• When all payment details are finalized and agreed upon, the step can be marked as complete.

Determining the payment method

• Decide on the payment method that works best for both parties (cash, check, bank transfer, PayPal, etc.)
• Agree on when and how payments will be made (upfront, installments, etc.)
• Add payment method and relevant details to the contract
• Contact your bank to make sure the payment method is properly set up
• When the payment details are added to the contract and the payment method is set up, you can move on to the next step.

Making sure the contract is legally binding

• Research local, state, and federal laws related to graphic design contracts
• Consult a lawyer to make sure the contract meets all legal requirements
• Add a clause that states which laws the contract is subject to
• Include any required notices or disclaimers in the contract
• When all legal requirements have been met, the contract can be deemed legally binding and ready for use.

Researching applicable legal requirements

• Research the applicable legal requirements for graphic designer contracts in your location.
• Review the laws and regulations for your specific state and/or municipality.
• Familiarize yourself with the basics of contract law.
• Gather examples of contracts from other graphic designers in your area.
• Contact an attorney to discuss the legal requirements.

Once you have researched and familiarized yourself with the applicable legal requirements, you are ready to move on to the next step.

Ensuring the contract meets all legal requirements

• Familiarize yourself with the laws and regulations applicable to graphic design contracts in your state or country
• Check to make sure the contract complies with all applicable laws and regulations
• Identify any areas where the contract may not fully comply with the law and take steps to address them
• Ensure the contract is written in clear, plain language, so both parties understand the terms and conditions
• When all relevant legal requirements are met, you can move on to the next step.

Outlining the rights and responsibilities of each party

• Draft a section of the contract that clearly outlines the rights and responsibilities of both the client and the designer
• Ensure that all aspects of the agreement are fair and reasonable for each party
• Specify any payment terms, deadlines, and protocols for communication
• Outline the ownership of any work created
• Include any clauses or terms that are necessary to protect the rights of both parties
• Once each party has agreed to the outlined terms, be sure to have both parties sign the contract
• When both parties have signed the contract, you can move on to the next step: defining the rights and obligations of each party.

Defining the rights and obligations of each party

• Draft a list of rights and obligations for each party, including payment terms, deadlines, intellectual property rights, and any other relevant conditions
• Make sure to define these in clear and specific terms
• Consult an attorney to review the contract, if necessary
• Finalize the list of rights and obligations
• When the rights and obligations of each party have been finalized, you can move on to the next step.

Addressing any potential conflicts

• Identify any potential conflicts or areas of disagreement between the parties that may arise in the future
• Ensure that all parties are aware of any potential conflicts ahead of time and that all parties have agreed to an amicable resolution should any arise
• Draft a clause that outlines the process for resolving such conflicts - this should include a mediation clause that outlines the process for resolving any disagreements in a timely and cost-effective manner
• Include a clause that outlines the consequences if any conflicts arise and are not resolved - this could be a clause that outlines termination of the contract should any conflicts arise
• Once all parties have agreed to the resolution process in the event of any conflicts, the clause is ready to be included in the contract
• When you have included the clause in the contract, this step is complete and you can move on to the next step.

Specifying the Intellectual Property ownership

• Outline the scope of the work that was agreed upon between the graphic designer and the client.
• Clearly define who will be responsible for the ownership of the intellectual property created.
• Include a clause that outlines who will be responsible for the maintenance and protection of any associated intellectual property rights.
• Put a clause in the contract that states that the creator of the intellectual property will retain the rights to the intellectual property, unless otherwise agreed upon by both parties.
• Include a clause that outlines the timeline for the transfer of any intellectual property rights, if applicable.
• Make sure that the contract specifies that the client can only use the intellectual property for the agreed-upon purpose.
• Make sure that all clauses related to the intellectual property are clearly defined and understood by both parties.

How you’ll know when you can check this off your list and move on to the next step: Once all the clauses related to the intellectual property have been added to the contract and both parties have agreed to the terms, you can move on to the next step.

Identifying the creator of the Intellectual Property

• Establish who the creator of the Intellectual Property is
• Ask for the creator’s contact information and a signed statement stating that they are the creator of the Intellectual Property
• Ensure that the creator has the rights to assign ownership of the Intellectual Property
• When all of the above is completed, you can check this step off your list and move on to the next step of assigning ownership rights to the creator.

Assigning ownership rights to the creator

• Have the creator of the Intellectual Property agree to assign all ownership rights for the work to the party commissioning the work
• Have the creator of the Intellectual Property sign a document assigning any and all ownership rights for the work to the party commissioning the work
• Include a clause in the contract that states the creator of the Intellectual Property will not be able to use the work in any way, shape or form in the future
• Once the ownership rights have been assigned to the party commissioning the work, the creator of the Intellectual Property will no longer have any claim to the work
• When the ownership rights have been assigned, the creator of the Intellectual Property will be considered to have relinquished any and all rights to the work, and the party commissioning the work will be considered the owner of the work
• Once the ownership rights have been assigned, the creator of the Intellectual Property will have no legal recourse to claim the work in the future
• When all of the above steps have been completed, you can move on to discussing the delivery of the final artwork.

Discussing the delivery of the final artwork

• Discuss the timeline for the delivery of the final artwork.
• Establish the format and method of delivery that the creator and the customer agree on.
• Specify the details of the delivery such as the size, resolution and color profile of the artwork.
• Document the delivery details and include them in the contract.

Once you’ve discussed the timeline and delivery details and documented them in the contract, you can move on to the next step.

Agreeing on the method and format of delivery

• Identify the format and method of delivery that the client prefers.
• Discuss the cost associated with the delivery of the final artwork.
• Establish a mutually agreed-upon timeline for the delivery of the artwork.
• Determine who is responsible for any additional costs associated with the delivery.
• Once you and the client have agreed on the method and format of delivery, make sure to document it in the contract.
• Once all of these steps have been completed, you can move on to setting a timeline for the delivery.

Setting a timeline for the delivery

• Estimate how long the project will take and create a timeline for delivery
• Determine an expected completion date that works for both the designer and the client
• Set up regular check-in dates with the client to ensure that the project is on track
• Establish an agreed-upon timeline for revisions and feedback
• Make sure that any adjustments to the timeline are communicated to the client in a timely manner
• Once the timeline has been agreed upon, document it in the contract
• Check off this step when the timeline has been established and documented in the contract.

Creating a communication plan

• Establish a method for communication between both parties - this could be email, text, or phone
• Set a timeline for communications - for example, how often will you check emails or answer voicemails?
• Determine the frequency of communication - decide if you want to communicate daily, weekly, or bi-weekly
• Agree on necessary information for both parties to be included in the communication - for example, the scope of the project or updates on the project’s progress
• Decide on a format for communication - this could be in the form of emails, text messages, phone calls, or video calls
• When all these items have been discussed, both parties should sign the communication plan and attach it to the final contract.

Once these steps have been completed, you can move on to the next step - determining the frequency of communication.

Determining the frequency of communication

• Decide how often you and the client will communicate (e.g. weekly, bi-weekly, monthly, etc.)
• Establish a timeline for when you will check-in with the client to update them on the project’s progress
• Make sure to include a clause in the contract that states how often you will communicate during the duration of the project
• Once you have determined the frequency of communication, you can move on to the next step: Establishing the preferred method for communication.

Establishing the preferred method for communication

• Have a conversation with the client about their preferred method for communication and document it
• Decide on a primary method of communication, such as email, phone, video conferencing, etc., as well as a secondary method, such as text messages or instant messaging
• Make sure that both parties are comfortable with the chosen methods of communication
• Include the communication methods in the contract
• You know you have completed this step when you have documented the agreed-upon methods of communication in the contract.

Establishing a dispute resolution process

• Outline the process for resolving disputes between the graphic designer and client
• Describe the timeline for initiating the dispute resolution process
• Identify the methods for resolving disputes (e.g., arbitration, mediation, negotiation)
• Describe the process for initiating and completing a dispute resolution process
• Identify the costs associated with initiating and completing the dispute resolution process

When the dispute resolution process is outlined in the contract, you can check this off your list and move on to the next step.

Identifying the dispute resolution process to be used

• Outline the process that will be used to resolve any disputes that may arise during the contract period.
• Include the steps that both parties agree to take in the event of a dispute, such as attempting to resolve the dispute through negotiation, mediation, or arbitration.
• Outline any additional steps that may be taken to resolve the dispute, such as filing a lawsuit in the appropriate court.
• Once all of the dispute resolution steps have been determined and agreed upon, the process can be finalized and included in the contract.

You can check this off your list and move on to the next step once you have created a contract that outlines the dispute resolution process and both parties have agreed to it.

Establishing a timeline for resolving disputes

• Establish a timeline for resolving any disputes that may arise during the duration of the contract. This timeline should consist of deadlines for when the parties must respond to each other, when mediation or arbitration may take place, and when a final decision must be reached.
• Include provisions for what will happen in the event that either party fails to meet the established deadlines.
• Make sure that the timeline is reasonable and that it takes into account any potential delays that may arise.
• Once you have established a timeline for resolving disputes, the contract should be complete. You can move on to securing the contract with a digital signature.

Securing the contract with a digital signature

• Determine which digital signature platform to use. Consider the platforms that offer the highest level of security and meet the needs of both parties.
• Have both parties sign the contract using the chosen digital signature platform.
• Make sure that all parties have received a copy of the contract and have agreed on the terms.
• Once both parties have signed the contract, the contract is legally binding and will be enforceable in a court of law.

You’ll know when you can check this off your list and move on to the next step when both parties have signed the contract and have received a copy of the contract.

Agreeing on the digital signature to be used

• Investigate the digital signature options available and decide which one will work best for your needs
• Purchase the digital signature tool, if applicable
• Download and install the digital signature tool on your computer
• Verify the digital signature is properly installed
• Once the digital signature is installed and verified, you can move on to the next step of ensuring the contract is legally binding with the digital signature.

Ensuring the contract is legally binding with the digital signature

• Obtain the digital signature from the parties: Get the signature from the client and the designer, using the signature they agreed upon.
• Insert the signature into the contract: Once the signature is obtained, insert it into the contract.
• Finalize the contract: Once the signature is added to the document, the contract is now legally binding.

Once the signature is added to the contract, you can check this step off your list and move on to the next step of formalizing the agreement.

Formalizing the agreement

• Have both parties agree to the contract and sign it
• Ensure the agreement is signed in front of witnesses
• Make sure the contract is dated and authenticated
• Have the agreement notarized if necessary
• Once all signatures are on the document and all the required steps are completed, you can check this off your list and move on to the next step.

Finalizing the contract

• Check the contract for accuracy and completeness
• Make sure all parties have signed the contract
• Have a witness for each signature if needed
• Make sure the contract is dated correctly
• Obtain proof of delivery for all parties
• Once everything is complete, you can check off this step and move on to sending a copy of the contract to each party.

Sending a copy of the contract to each party

• Make sure you have a copy of the contract for each party
• Make sure that all parties have signed the contract
• Send a copy of the contract to each party, either electronically or through the mail
• Wait for a confirmation from each party that they have received the contract
• Once each party has confirmed that they have received the contract, you have successfully completed this step and can move on to the next step.

FAQ:

Q: What is the difference between UK and USA contract law?

Asked by John on 29th June 2022.
A: Contract law can vary significantly from country to country. In the UK, contract law is mainly governed by the Contracts (Rights of Third Parties) Act 1999, which provides for the enforcement of contracts by third parties. In the USA, contract law is more varied, with each state having their own set of laws. Generally speaking, US contract law gives parties more freedom to negotiate terms specific to their agreement, while UK contract law tends to be more prescriptive and inflexible.

Q: Are there any additional legal requirements for a graphic design contract in the EU?

Asked by Mary on 9th October 2022.
A: Yes, there are additional legal requirements to consider when creating a graphic design contract in the EU. Firstly, you should be aware of GDPR legislation, which applies to all businesses in the EU and imposes certain restrictions on how personal data is collected and used. You should also consider any other country-specific laws that might come into play; such as copyright protection or intellectual property rights. Finally, you should be aware of any industry-specific regulations that might apply to your particular sector or business model.

Q: What do I need to consider before drafting a professional graphic design contract?

Asked by David on 18th January 2022.
A: Before drafting a professional graphic design contract, there are several factors which you should take into consideration. Firstly, you should think about the specifics of the project; such as what services are being provided, how long it will take and when payment will be due. You should also consider any potential legal requirements; such as GDPR compliance or any other relevant industry regulations. Finally, you should consider what rights each party has in terms of ownership over materials produced for the project and also what happens in the event of a dispute or breach of contract.

Q: What are some key clauses I need to include in my graphic design contract?

Asked by Jessica on 4th May 2022.
A: When creating a graphic design contract, there are several key clauses which should be included in order to ensure both parties are legally protected. These include clauses outlining payment terms and responsibilities; such as when payments are due and how disputes will be handled. You should also include clauses outlining intellectual property rights; such as who owns the materials produced for the project and how they can be used or shared with third parties. Finally, you should include clauses outlining termination rights; such as what happens if either party wishes to terminate the contract early and also how disputes will be handled if this occurs.

Q: What happens if either party breaches the contract?

Asked by Sarah on 28th August 2022.
A: If either party breaches the contract, then it is important to have a clause outlining what will happen in this situation. This clause should include details of what constitutes a breach of contract; such as failure to pay or failure to deliver services within an agreed timeframe. It should also outline what remedies are available; such as repayment of fees or damages for loss suffered due to breach of contract. Finally, it should make clear what processes will be followed if breach occurs; such as mediation or court proceedings if needed.

Q: Is it necessary to get a lawyer involved when creating a graphic design contract?

Asked by Michael on 12th December 2022.
A: It is not always necessary to get a lawyer involved when creating a graphic design contract; however it is recommended in order to ensure all legal requirements are met and that both parties are fully protected under the terms of the agreement. A lawyer can also help provide advice on any specific industry regulations or requirements which may need to be considered in order for your agreement to be legally binding. If your budget doesn’t allow for professional legal advice then you could look into using online services or templates which provide generic guidance on creating contracts for specific scenarios; however it is important to seek professional advice if needed in order to ensure your agreement is legally binding and enforceable.

Q: Is there anything else I need to do once I have finished drafting my graphic design contract?

Asked by Matthew on 6th April 2022.
A: Once you have finished drafting your graphic design contract you should make sure that both parties have read through it carefully and agreed upon its terms before signing it in order for it to become legally binding and enforceable. It is also important that you keep copies of all documentation relating to your agreement; such as signed contracts, invoices or payment records etc., in order for both parties to refer back to them if needed at any point during the term of your agreement

Example dispute

Suing a Graphic Designer for Breach of Contract

• A plaintiff may sue a graphic designer for breach of contract if the designer failed to deliver a completed project as set out in the contract.
• The plaintiff must be able to prove that there was a valid contract between the two parties and that the graphic designer failed to live up to its obligations under the agreement.
• The plaintiff must provide evidence of the contract, such as copies of signed documents, emails and other communication between the two parties.
• The plaintiff must also provide evidence of the graphic designer’s breach of contract, such as missed deadlines, incomplete projects and other issues that demonstrate that the designer was unable to deliver on the project as promised.
• The plaintiff may be able to recover damages for the breach of contract, depending on the specific circumstances of the case. These damages could include out-of-pocket costs, lost profits or other economic losses resulting from the breach.
• The court may also award attorney’s fees and other costs associated with bringing the lawsuit.
• Settlement may be reached through negotiation or mediation, or the case may go to trial.

Templates available (free to use)

Graphic Design Agreement
Graphic Designer Contract

‍