Branding Identity Contract

Modified design doc that I use for contract gigs

Client: Client Name

Primary Contact: Contact person's name and email

Project: Title of project

Designer: Your Name

Date of Project: Start date or Date range

Project Deadline: Deadline

Purchase Order #: Order Number

Invoice #: Invoice Number

Creative Brief:

Proposal or Creative brief

Promised work:

  • Research conversation
    • 1 hour or less in person or skype conversation for research purposes
  • Design brief pdf
    • document created after research to inform client on the direction and discovery process prior to creation
  • Sketch process
    • preliminary sketches are sent to client within a week of the design brief delivery
  • Logo sketch conversation
    • 30 minute conversation in person or by skype going over feedback on prelim sketches
  • 1 logo sketch revision cycle
    • 1 revision cycle as needed to take feedback and apply to a new set of sketches.
  • B/W logo
    • Rendition of logo in all relevant formats
  • B/W brand mark
    • Brand mark inall relevant formats
  • Illustrated full-color logo
    • Full-color logo inall relevant formats
  • Business card
    • 1 Design for full color, double sided business card. Requested info on card is info on business card
  • Letterhead design
    • 1 Design for letterhead. Requested info on card is info on letterhead
  • Envelope design
    • 1 Envelope design with brand mark and address information
  • Brand color palette
    • 4-8 brand color pallette with hex codes, CMYK, and RGB values.
  • Type palette
    • 3 font brand palette. Header, subheader, and paragraph font.
  • Brand Guide PDF
    • After project finished, research, updated Design Brief with established brand guidelines
  • 2 revision cycles
    • 2 revision cycles. A single revision cycle is defined as any cycle of changes to work, no matter how small.

1. Payment

Final payment total for project is $888. Half of this ($444) must be paid on agreement and signing. All invoices are payable within 21 business days of receipt. A $100 service charge is payable on all overdue balances for reissuing each invoice at 22, 29 and 36 (etc and so on in week increments) days from the date of original invoice. The grant of any license or right of copyright is conditioned on receipt of full payment. The remaining $444 will be paid at the end of the project's completion (which is defined as the end of the project and all paid for revision cycles).

2. Default in payment

The Client shall assume responsibility for cost outlays by designer in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.

3. Expenses

The Client shall reimburse the Designer for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment, and shall advance the Designer for payment of said expenses, including but not limited to Stock Photography, Artwork, and or material needed for the project.

4. Cancellation

In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Designer, and a cancellation fee for work completed, and expenses already incurred, shall be paid by the Client. Cancellation fee is 50% of remaining unpaid fees. A 100% cancellation fee is due once the project has been finished, whether delivered to the client or not.

5. Ownership and return of artwor

The Designer retains ownership of all original artwork, whether preliminary or final, and the Client shall return such artwork within 30 days of use unless indicated otherwise below. If transfer of ownership of all rights is desired, the rates may be increased. If the Client wishes the ownership of the rights to a specific design or concept, these may be purchased at any time for a recalculation of the hourly rate on the time billed or the entire project cost.

6. Credit Lines

The Designer and any other creators shall receive a credit line with any editorial usage. If similar credit lines are to be given with other types of usage, it must be so indicated here.

7. Releases

The Client shall indemnify the Designer against all claims and expenses, including attorney’s fees, due to the uses for which no release was requested in writing or for uses that exceed authority granted by a release.

8. Modifications

Modifications of the terms of this contract must be written and authorized by both parties, involving the implementation of a new version of the contract as a whole following standard procedures of documentation and approval.

9. Uniform commercial code

The above terms incorporate Article 2 of the Uniform Commercial Code.

10. Code of fair practice

The Client and the Designer agree to comply with the provisions of the Code of Fair Practice (which is in the Ethical Standards section of chapter 1, Professional Relationships).

11. Code of fair practice

The Designer warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned form third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Designer has full authority to make this agreement; and that the work prepared by the Designer does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Designer’s product that may infringe on the rights of others. Client expressly agrees that it will hold the Designer harmless for all liability caused by the Client’s use of the Designer’s product to the extent such use infringes on the rights of others.

12. Limitation of liability

Client agrees that it shall not hold the Designer or his/her agents or employees liable for any incidental or consequential damages that arise from the Designer’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused intentional or negligent acts or omissions of the Designer or Client, any client representatives or employees, or a third party.

13. Dispute Resolution

Any disputes in excess of maximum limit for small-claims court arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The client shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favor of the Designer. All actions, whether brought by client or by designer will be filed in the designer's state/county of business/residence.
This contract is held accountable to the legal system of Texas and any applicable statutes held therein.

14. Acceptance of terms

The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. The Designer as sender and the client as recipient will acknowledge acceptance of these terms either through an e-mail noting acceptance or acceptance is acknowledged at the beginning of any work on said project. Electronic signatures shall be considered legal and binding.

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This is version 2, from 6 years ago.

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