This is a simple LOA for a graphic designer.
Date: Oct 21, 2014
This contract is between me My Name and you, Client Name
I’ll always do my best to fulfill your needs and meet your expectations, and 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.
You, Client Name , located at Client Address are hiring me, My Name, located at My Address to design the deliverables specified in section 2.3 Project Scope of this contract for the estimated total fee of $000.00 USD as outlined in the scope section, 2.3 Project Scope.
2.0 What do both parties agree to do?
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 to complete the project as and when and in the format I need it. You’ll review my work, provide feedback and approval in a timely manner. Deadlines work two ways, 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.
I have the experience and ability to do everything I’ve agreed to with you and I’ll do it all in a professional and timely manner. I’ll endeavor to meet every deadline that’s set and I'll maintain the confidentiality of everything you give me.
2.3 Project Scope & Schedule
See document Document File Name
2.5 Out Of Scope and Rush Job Pricing
Rush deadline definition: Any schedule change making the project deliverable due before the original deadline set in the project proposal, or any project that causes me (the designer) to expand or run on a tight production schedule. This depends on the scope of the project, and is determined at my (the designers) discretion.
Please Note: If I do not hear from you in a reasonable amount of time (10 days) about project feedback or anything that will hold up the production and delivery schedule of the project, you agree to pay 10% of the project's total cost each day I do not hear from you after 10 days.
2.5.1 Over $200
For projects totaling $201.00 and over; All deliverables considered to be on a rush deadline will incur a rush fee of 150% of the original total price.
Example. Project total ($400.00 X 1.5) = $600.00
2.5.2 $200 & Under
For projects totaling $200.00 and under; All deliverables considered to be on a rush deadline will incur a rush fee of 200% of the original total price.
Example. Project total ($125.00 X 2.0) = $250.00
3.0 Design Specifics
I create graphics, layouts, concepts and pairings for brand identities, presentations, websites, and other print and otherwise based material and art. I create designs iteratively and use predominantly the Adobe Creative Suite applications along with pencil, pen and paper.
You’ll have one or more weekly opportunities to review my work and provide specific feedback. If, at any stage, you’re not happy with the direction my work is taking and we cannot come to an agreed upon direction, you’ll pay me in full for everything I’ve produced until that point and cancel this contract.
3.2 Text content
I’m not responsible for writing or editing any text copy unless otherwise specified in the project scope document mentioned in Section 2.3 of this letter of agreement. If you’d like new content or the editing of current content, I will refer you to an excellent copywriter to work with.
You will supply any current and requested graphic files in an editable, vector digital format that pertain to this project. You will supply photographs in a high resolution digital format (if at all possible). If you choose to buy stock photographs, I can suggest stock libraries. If you’d like me to search for and curate a collection of photographs for you, I can provide a separate estimate for this service and append it to this project’s total cost.
3.4 Changes and revisions
The extent of changes and revisions for this project are listed in the project scope document mentioned inSection 2.3 of this letter of agreement. I don’t want to limit your ability to change your mind, but please understand that it will cost more money above and beyond the quoted price. 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 multiplied by my hourly rate. If you change your mind or add anything new, that won’t be a problem as I’ll provide a separate estimate and append it to this project’s total cost. Please note that any changes and revisions out side of the state project scope will be billed at 200% of my stated hourly rate.
While I always strive for excellence in my work, I can’t guarantee that my work will be completely 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 text, images or other artwork you provide are either owned by you or your company, or you have legal permission to use them.
Then, when your final payment has cleared, 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 own all elements of text, images and data you provided, unless someone else owns them.
I love to show off my work and share what I’ve learned with other people, so I reserve the right 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.
You will pay the invoices I send you with-in the specified amount of days of the invoice issue date as said in sections 6.1 Over $300 and 6.2 $300 & Under of this agreement. As I’m also sure you’ll want to stay friends, you agree to stick tight to the payment schedule laid out in the project proposal document.
6.1 Over $300
For all projects totaling over $300.00 USD; 50% of the full design fee will be paid upfront before any work begins and 50% of the full design fee will be paid with in 15 days of receipt of the final invoice.
6.2 $300 & Under
All projects totaling $300.00 USD or less will be due with in 15 days of receipt of the invoice.
6.3 Source File Release
For all projects: Upon receipt of the final payment I will release the project source files to you via email or a download link. (This depends on the nature of the project)
7.0 Small Print
You cannot 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 under exclusive jurisdiction of Maricopa County Courts, Phoenix, Arizona.
Both parties should sign and keep a copy for their records.