Katie Allred's design and development contract
Date: Jul 16, 2013
The vast majority of design and/or development projects run smoothly, without any problems. However, from time to time, something does come up, and it's important that we both have an understanding of how best to deal with it. This contract is designed to ensure that we're both protected from any unexpected circumstances. It also lays out the basic groundwork for how each project will progress, and what's expected of us both. In the interests of saving a lot of headaches, this document contains the strict minimum of legal jargon required to still be legally enforceable.
So in short;
You,, located in, are hiring me,, located in, to design the project as outlined in our previous conversation at the estimated price previously discussed.
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 agree to provide me with everything that I need to complete each project including text, images and other information as and when I need it, and in the format that I ask for. You’ll review my work and provide feedback and approval in a timely manner. Deadlines work two ways, so you’ll also be bound by any dates we set together. You also agree to stick to the payment schedule set in this contract.
Me: I have the experience and ability to perform the services you need from me and I will carry them out in a professional and timely manner. Along the way I will endeavour to meet all the deadlines set but I can't be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off my work on-time at any stage. On top of this I will also maintain the confidentiality of any information that you give me.
Getting Down to the Nitty Gritty
Design and/or Development
This contract is good for one main design and/or development of the project outlined in our previous conversation and one main design and/or development of every project you commission me to design and/or develop thereafter. If during each project the one main design and/or development is done and you are not happy with the design and/or development at that stage, you will pay the final invoice in full, or you can wait to pay the final invoice and continue to commission me to make further design revisions at the hourly rate of $40 previously discussed.
I'm not responsible for writing or editing any text copy unless specified in the original estimate. If you’d like me to write new content or edit text for you, I can provide a separate estimate for that.
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, I can suggest stock libraries. If you’d like me to search for photographs for you, I can provide a separate estimate for that.
If you decide to cancel this assignment before any part of the one main design for each project is finished, ownership of all copyrights and the original artwork I designed will be retained by me the designer, and you will have to pay in full for all the work completed, and expenses already incurred. You will also be required to pay a cancellation fee of $50.
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 becomes unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this contract and will not affect the validity and enforceability of any remaining provisions.
First, you guarantee that all elements of text, graphics, photos, designs, trademarks, or other artwork you provide are either owned by your good selves, or that you have permission to use them.
Then, when your final payment has CLEARED, you will be notified, and copyright will be automatically assigned as follows:
You’ll own the visual elements that I create for this project. I’ll give you source files and finished files and you should keep them somewhere safe as I'm not required to keep a copy. You will own all elements of text, images and data you provided, unless someone else owns them.
I’ll own the unique combination of these elements that constitutes a complete design and I’ll license that to you, exclusively and in perpetuity for this project only, unless we agree otherwise. This means that you can basically do whatever you want with the files, but can't turn around and sell it to Nike or something like that.
I love to show off my work and share what I’ve learned with other people, so I reserve the right, with your permission, to display and link to your project as part of my portfolio and to write about it on websites, in magazine articles, and in books.
I'm sure you understand how important it is as a small business that you pay the invoices that I send you promptly. As I'm also sure you’ll want to stay friends, you agree to stick to the following payment schedule.
50% of the total estimated fee discussed for each project will be payed up front before any services will be rendered. The total estimated fee is based on the amount of time I think it will take with the agreed hourly rate of $40.
The remaining amount of the fee shall be paid no more than 10 days after I send you the final invoice for each project.
If the remaining amount is not paid within the 10 days, the invoice will be sent again and a $10 late fee will added. If the amount is still not paid within 30 days of the original invoice being sent, a $50 charge will be added, and will continue to be added every 7 days past the 30 days.
Payment can be made by check or by Paypal.
You will be required to reimburse me for all expenses arising from each and every assignment, including but not limited to travel expenses to meet in person, and the actual time spent meeting. If you want prints ordered, stock photography, artwork, and/or any other materials that may be needed for this project, you will pay in advance these items. No items will be purchased for this project without your approval.
But where’s all the horrible small print?
Just like a parking ticket, you can’t transfer this contract to anyone else without my 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.
The Dotted Line
Signed by and on behalf of
Signed by and on behalf of
Date Jul 16, 2013
Everyone should sign this contract and download the pdf copy for their records.