The Designer agrees to produce project materials (the “Work”) at the request of the client for fees agreed upon in advance and delivery of the Work by an agreed-upon deadline. Designer agrees that he will be the sole author/creator/owner of the Work, which will be original work and free of plagiarism. Designer will cooperate with Client in editing and otherwise reviewing the Work prior to completion and launch.
Designer acknowledges that he may receive or have access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. Designer agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Designer before this Agreement is signed or afterward. Unless strict confidentiality is requested by Client in advance of the establishment of this contract, Designer can display materials and final work created for Client on the Designer’s current or future websites, online portfolios, and social media profiles.
3. Compensation & Payment
Client agrees to pay Designer 50% of the total project cost before any services are provided, and the remaining 50% is to be paid before any workable files are delivered. If the parameters of the Work change, or if it involves more time than estimated, Designer will inform Client and they can renegotiate the Work’s cost. Designer is responsible for the payment of all federal, state, and/or local taxes with respect to the services he performs for the client as an independent contractor. The Client will not treat Designer as an employee for any purpose.
4. Usage Fees
Raw digital files such as, but not limited to, unflattened Photoshop documents (.psd), InDesign documents (.indd), Illustrator or raw vector files (.ai or .svg), or raw camera images produced by the Designer to complete deliverables for the Work will be subject to a separate usage rights fees. These can potentially meet and exceed 100% of the total project cost. As stated in section 1, Designer retains rights and ownership of the Work in its raw form needed to produce the final deliverable. Usage fees can be a one-time fee, but may be subject to additional fees beyond multiple years of use.
Work, assets, or deliverables exempt from usage fees include the following:
- Print-ready PDFs
- Flattened PSDs or TIFFs
- Flattened vector files
- Optimized/sized/edited image files
5. Client Approval
Upon acceptance of the Work, Client accepts responsibility for any further processes in which this work is used (e.g. film outpost, printing, etc.) Designer is not responsible for errors occurring in this work or projects related to this work after acceptance of the Work by the Client. Edits after approval will be prorated at a minimum rate of $65 per hour or an agreed upon amount between Client and Designer.
Both parties understand that Client or Designer may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation, Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Designer. Should Client cancel the project following its completion, Client is responsible for full payment as per the agreed upon estimate plus all expenses incurred. In the event of cancellation, Designer retains ownership of all copyrights (if applicable) and original work (e.g. original illustration or art) created. Client retains ownership of all work completed by the agreed-upon schedule as paid.
7. Acceptance of Terms
The Client promises to pay for the services rendered by Designer for the Work as agreed upon. By signing via email below, Client agrees they have read, understood, and are considered legally bonded to these terms.
Any additional terms needed for the project not covered here will be made in writing between Client and Designer.