How can you ensure your graphic design contract includes essential clauses?

1 Scope of work

One of the most crucial clauses in your contract is the scope of work, which defines what you will deliver, how you will deliver it, and when you will deliver it. The scope of work should include details such as the project description, the number and format of deliverables, the timeline and milestones, the revisions and feedback process, and the ownership and usage rights of the final product. The scope of work should also specify what is not included in the project, such as additional services or materials that may incur extra costs or require a change order.

2 Payment terms

Another key clause in your contract is the payment terms, which outline how much you will charge, how you will invoice, and when you will get paid. The payment terms should include information such as the total fee, the payment schedule, the preferred payment method, the late payment fees, and the cancellation policy. The payment terms should also state what happens if the client fails to pay or disputes the invoice, such as suspending the work, terminating the contract, or taking legal action.

3 Intellectual property rights

A third essential clause in your contract is the intellectual property rights, which determine who owns the copyright and trademark of the graphic design work. The intellectual property rights should clarify whether you are granting the client a license or a transfer of ownership, and what are the limitations and conditions of such license or transfer. The intellectual property rights should also address whether you retain the right to display the work in your portfolio or use it for promotional purposes, and whether you need to credit the client or obtain their approval.

4 Confidentiality and non-disclosure

A fourth important clause in your contract is the confidentiality and non-disclosure, which protect the privacy and security of both parties. The confidentiality and non-disclosure clause should state that you and the client agree not to disclose or use any confidential or proprietary information that is shared or exchanged during the project, such as trade secrets, business plans, customer data, or creative concepts. The confidentiality and non-disclosure clause should also specify the exceptions and exclusions to this agreement, such as information that is already public, required by law, or authorized by the other party.

5 Liability and indemnification

A fifth vital clause in your contract is the liability and indemnification, which limit the legal responsibility and risk of both parties. The liability and indemnification clause should state that you and the client agree to indemnify and hold harmless each other from any claims, damages, losses, or expenses that may arise from the project, such as breach of contract, infringement of intellectual property rights, negligence, or misconduct. The liability and indemnification clause should also define the extent and scope of this obligation, such as the maximum amount of liability, the duration of the indemnity, or the procedure for resolving disputes.

6 Signature and acceptance

A sixth and final clause in your contract is the signature and acceptance, which confirm the agreement and consent of both parties. The signature and acceptance clause should state that you and the client have read, understood, and agreed to all the terms and conditions of the contract, and that you are authorized to enter into this contract. The signature and acceptance clause should also provide space for both parties to sign and date the contract, and to include their names, titles, and contact information.

7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?