The next time a client comes to you with a quick job, save yourself time and aggravation by sending them a Short Design Contract to be signed BEFORE you start working. The doc. is basically an abbreviated contract confirming the scope of the job, the schedule, fees to paid and essential terms and conditions. Use this style of contract for quick jobs or where a full-blown contract would make the client apprehensive.
[YOUR NAME] [YOUR ADDRESS] [YOUR TELEPHONE] [YOUR FAX] [YOUR EMAIL]
[CLIENT COMPANY NAME]
[CLIENT COMPANY ADDRESS]
Project Title/Description: [TITLE] [PROJECT DESCRIPTION]
Production Services: [YOUR BUSINESS NAME]
Project Manager: [YOUR NAME]
Confirmation of Engagement
Job No.: [JOB NUMBER]
Schedule: Pre-Production & Commencement: [DATE PRE], Animation Production: [DATE PROD], Final Delivery video file(s): [DATE FINAL]
Copyright Usage: The rights granted to Client are for the exhibition of the Final Video in its original form only. Client may not modify the Final Video. License: Exclusivity:[EXCLUSIVE / NON_EXCLUSIVE USE], Duration: [DURATION OF USE], Territories:[GEOGRAPHIC TERRITORY], Medium: [MEDIUM OF USE], Category: [CATEGORY OF USE]. All other rights to be negotiated separately.
Reservation of Rights: All rights not expressly granted above are retained by the Designer. Any use additional to that expressly granted above requires arrangement for payment of a separate fee.
Revisions: Revisions may be made only by the Client at the Pre-Production phase. Additional fees will be charged for revisions made after [NUMBER OF REVISIONS] Pre-Production revisions, and for additions to project scope.
Payment Schedule: [UP-FRONT FEE] upon project commencement, remaining upon project completion.
Payment Terms: Payment due [PAY DUE DAYS] days from issuance of invoice. A one and one half (1.5%) monthly service charge will be billed against late payments. Grant of copyright is conditioned upon receipt of final payment, and upon Client's compliance with the terms of this agreement.
Cancellation Fees: In the event of Cancellation, [YOUR BUSINESS] will be compensated for services performed through the date of cancellation in the amount of a prorated portion of the fees due. Upon cancellation all rights to the work revert to the PROJECT MANAGER and all original art must be returned, including sketches, comps, or other preliminary materials.
Credits and Promotion: A credit line for 'Production by [YOUR BUSINESS]' will be used when broadcasting, streaming, hosting, or otherwise exhibiting the Final video. Client agrees to pay an additional fifty percent (50%) of the total fee, excluding expenses, for failure to include credit line. [YOUR NAME] reserves the right to include screen shots of the completed work in their portfolio.
Preliminary Works: [YOUR BUSINESS] and their ORIGINAL DESIGNERS retains all rights in and to all Preliminary Designs, otherwise subject to negotiation for use by the CLIENT.
Permissions and Releases: The Client agrees to indemnify and hold [YOUR BUSINESS] harmless against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the Project at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.
Miscellaneous: This Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding of the parties. Its terms can be modified only by a writing signed by both parties, except that the Client may authorize expenses or revisions orally. Any dispute arising out of this agreement will be resolved by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/ or binding arbitration through appropriate channels. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. This Agreement shall be governed by the laws of Australia and the state of Queensland, and courts of such state shall have exclusive jurisdiction and venue.
This Agreement must be signed and returned before Project Manager can schedule or begin this job.
Project Manager Signature
Print Project Manager: [YOUR NAME]
Name Date: [DATE CURRENT]
Print Client: [CLIENT NAME]
Name Date: [DATE CLIENT]