Edited the fillable version of Contract Killer 3 to be used for an individual freelancer doing 3D work.
It also has a few lines from the Short Form Design Contract: Short Form Design Contract
, the Contract of Works for Web Design: Contract of Works for Web Design.
, and this contract template:
Hey readers from A List Apart. The canonical, original version of Contract Killer 3 is here: http://stuffandnonsense.co.uk/projects/contract...
The following sets out the Contract made between me, the Freelancer , and you, Customer Name , where the Freelancer is serving as an Independent Contractor to Customer Name
I'll always do my best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract, you won’t find any complicated legal terms or long passages of unreadable text, and I have no desire to trick you into signing something that you might later regret. What I do want is what’s best for both parties, now and in the future.
So in short;
You (Customer Name), located at Customer Address are hiring me (the Freelancer) located at Company Address to create a 3D model and/or render for the estimated total price of Total as outlined in our previous correspondence. Of course it’s a little more complicated, but we’ll get to that.
What do both parties agree to do?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organization. You’ll give me everything I need, like reference material, to complete the project as and when and in the format I need it. You’ll review my work, then provide feedback and approval in a timely manner. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
Us: I warrant that, to the best of my knowledge, I have the experience and ability to do everything I’ve agreed with you, but I would also like to make clear that there can be unexpected software limitations and other limitations that come up over the course of the project, at which time we can discuss a course of action. I will also do the work in a professional and timely manner, and endeavour to meet every deadline that’s set. On top of that, I will maintain the confidentiality of everything you give me.
Getting down to the nitty gritty
What I'm Creating For You
Description of what I'm making
Work in Progress Materials
You agree to not use any models, images, etc. provided by me for you to review in any other way but to give feedback to me, and you understand these are for review purposes only. If you would like to use any of these Work In Progress materials for anything else, I can give you a fair price for them at that time.
Changes and revisions
I know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. I also don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time I estimate I’ll need to accomplish everything you’ve told me you want to achieve, but I'm happy to be flexible. If you would like to make any changes before the project is finished, I would be happy to make up to 2 small revisions of the project for free. Any revisions beyond this will take a separate estimate.
In the case of there being any large changes throughout the course of the project or changes to the project scope, a separate estimate will have to be given for those as well, even if you have not used any free revisions. I can also provide a separate estimate if you would like any changes after the project is finished.
Just for the sake of clarity, a revision would be anything added or changed in the project that was not in the original plan I did the estimate for.
Although I strive for perfection and will always do my best, I can’t guarantee that my work will be error-free and so I can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised me of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
First, you guarantee that all elements of models, text, images or other artwork you provide are either owned by your good selves, or that you have permission to use them. You also agree to indemnify and not hold me responsible for any and all claims, costs, and expenses, including attorney's fees, due to there being materials included in the Final Work, at your request, that you did not have permission to use or are using in a manner that exceeds the original permission granted.
You agree that, until payment is made in full to me, I retain all rights for the project, except for the materials covered by a NDA or that were already owned by you. Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You own the final version of what you hired me to create, and I will give you the finished model, render, animation, etc. You should keep them somewhere safe as I'm not required to keep a copy. You will still own all elements of text, images and data you provided, unless someone else owns them.
I still own the rights to all Work in Progress material. I also own the rights to the individual elements that make up the Final Design, unless they were already owned by you or if those individual elements are what I am creating for you, like a model or a painted texture on the model.
I love showing off my work and sharing what I've learned with others, so I reserve the right to show and link to what I have created for you as part of my portfolio and to write about it on websites, in magazine articles and in books, unless otherwise stated by you.
Finally, in the event of a cancellation of the project, you agree that all rights for the project stay with me, except for the materials that were already owned by you.
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule outlined below.
You agree to pay 25% of total estimated fee upon agreement of initial design: Deposit Fee (Deposit Fee)
Remainder of fee payable not more than 14 days after receipt of finished product: Remainder of Fee (Remainder of Fee)
At the end of the project, I will send an invoice to you, which should be paid within 14 days. If it's not paid within14 days, 5% of the outstanding amount will be added every7 days, starting from the 15th day after receipt of finished product.
Cancellation of Project
In the event that you cancel the project, you agree that I will keep the deposit fee. If the percentage of the total work done is above the deposit fee percentage, you also agree to be billed an additional amount according to the percentage of work done, minus the deposit fee percentage. So if the deposit fee is 30%, and I've done 50% of the project, you agree to be billed an additional 20% of the total project fee.
My relationship with you will be that of an independent contractor, and nothing in this agreement is intended to, or should be construed to, create a partnership, agency, joint venture, or employment relationship. I also retain the right to establish schedule and work routines, serve other customers and clientele, and retain all decision authority in relation to myself.
But where’s all the horrible small print?
Just like a parking ticket, you can’t transfer this contract to anyone else without my written permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Country and/or State courts.
The dotted line
Signed by and on behalf of the Freelancer Signed by and on behalf of Customer Name Date Signed Date
Everyone should sign above and keep a copy for their records.
This contract must be signed by both parties before work can begin.