Contracts for Designers
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Contracts for Designers

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Are you working without a contract? Perhaps you were not paid. Maybe you have a contract and want to update it. In this one hour free workshop we will discuss the components of a contract for ...

Are you working without a contract? Perhaps you were not paid. Maybe you have a contract and want to update it. In this one hour free workshop we will discuss the components of a contract for designers and why you need one. An attorney will be on hand to answer questions. The workshop will be held Saturday, May 26, from 11am to noon at the Fayetteville Public Library and is being offered by New Design School and Attorney Paul D. Reynolds.

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Contracts for Designers Contracts for Designers Presentation Transcript

  • Contracts forDesignersSonia Davis GutiérrezAttorney, Paul D. Reynolds
  • Documents Contract – 18 Sections Exhibits – 2 Exhibits Change Order – 1 per revision phaseDownload template documents athttp://newdesignschool.org/contracts-for-designers.htmlFind this presentation on SlideShare
  • Contract: Definitions Date Client Designer EXAMPLEThis agreement made effective 26th Day of May, 2012, betweenSample Business referred to in this agreement as Client, andYour Design Business Name, referred to in this agreement asDesigner.
  • Contract: Recitals Explanation of the reasons for the transaction Goal Referencing details in the Exhibits: Creative Brief EXAMPLEA. It is the intention of Client to create a website at described in attached Exhibit A which is is incorporated herein by reference; and which shall be referred to in this agreement as the project.B. Client in connection with the proposed project desires to retain the services of Designer on the terms and conditions set forth below. In consideration of the matters described above, and of the mutual benefits and obligations set forth in this agreement, the parties agree as follows…
  • Exhibit A Supporting reference documentProject Details – most customized of alldocumentsSchedule EXAMPLE A. Objectives B. Target Audience C. Specifications D. Creative E. Content F. Timeline
  • Contract: Section 1 General Designer will do good work Designer will stay on schedule EXCERPTA. Designer agrees to perform all of the professional services in connection with the project and comply with the terms and conditions set forth in this agreement, which shall be performed in a diligent manner.B. All time limits stated in this agreement are of the essence.C. Designer in designing the project shall use its best professional efforts to take into consideration the projects relation to Client’s interests…
  • Contract: Section 2 Consultants Working with client’s hired professionals Work collaboratively with clients consultants Designer should express if consultants work does not meet requirements EXCERPT…Designer will coordinate and cooperate with all consultants retained directly by Client. Designer shall coordinate the work of its own consultants, and shall certify, to the best of its knowledge and belief, that any work performed by Clients consultants is complete and meets Designers requirements, and Designer shall notify Client if any such work performed by Clients consultants is not satisfactory or is incomplete in view of Designers requirements.
  • Contract: Section 3 Basic Services Approvals in writing along the way “Change Orders” for amending EXCERPT…The professional services of Designer shall be performed in accordance with the phases set forth in Exhibit A. At the end of each phase, Designer will review the project progress and secure written approval from Client that the project in its current form concurs with the project costs previously reviewed by Designer and approved and budgeted by Client as may be amended by any change orders; Designer will cooperate closely with Client and shall further assist Client in all possible ways so that such concurrence is accomplished and that the total cost of the project does not exceed the maximum project cost.
  • Contract: Section 4 Client Responsibilities Equity, Art, Materials necessary Designated contact EXCERPTA. Provide Designer with information and criteria outlining Clients objectives, specifications, and functional requirements for the project; and all art, documents, and materials listed in Exhibit B.B. Inform Designer in writing of the maximum project cost for the project.C. Maintain close liaison with Designer.D. Designate, when necessary, representatives authorized to act in its behalf.E. Examine documents submitted by Designer and shall render decisions pertaining to them promptly, to avoid unreasonable delay in the progress of Designers services. Client designates its representative to be Name of Contact.
  • Exhibit B Supporting reference document What format to provide artwork List of causes for additional cost EXCERPTA. All art work, graphics, and text documents should be provided in an industry standard format such as Adobe Illustrator EPS, Microsoft Word or in the body of an emailB. Any of the below could result in a “change order" resulting in additional cost or schedule changes: Art work that is faxed or requires scanning and retouching (not in the digital format described above) Modification to the provided digital content Editing of photography or illustration including necessary retouching, cropping, color manipulation Proofing is the responsibility of the client. Editing and proofing services can be requested and provided upon request as an additional consultant
  • Contract: Section 5 Designer’s Compensation Price to complete project Cost for additional hours Expenses EXCERPTA. For Designers basic services, as described in Section Three, Client shall pay to Designer a fee (the "basic fee") in the amount of One thousand two hundred eighty Dollars ($1,280), which is 16 hours of design and development at an hourly rate of Eighty ($80) dollars per hour, notwithstanding total project cost and change orders.B. For Designers additional services, as described in Section Six, Client shall pay to Designer an additional fee of Eighty Dollars ($80.00) per hour for all services listed in Section Six.C. For Designers reimbursable expenses ("reimbursable expenses," defined and limited in Section Seven), Client shall pay to Designer amounts expended by Designer on a cost-only basis. .
  • Contract: Section 6 Additional Services Significant changes to the project“Change Orders” issued and approved in writing Changes after approvals Significant changes EXCERPT…Designer agrees to perform or obtain any additional services if requested to do so in writing by Client; however, no additional services shall be performed without prior written authorization (“change order”) by Client. The following shall be considered additional services:A. Revisions to the artwork, layout, and/or specifications, if, after Client has approved Phase I, Client orders changes in the scope of the project that require Designer to make extensive revisions to the artwork, layout, and/or specifications, provided that such changes are not due to any acts or omissions of Designer.B. Significant revisions, initiated by Client, of previously approved specifications to accomplish changes, except as provided in Section…
  • Change Orders Addendum to contract When more time is going to be required Clearly describes change and cost Must be approved in writing INCLUDESProject Previous Contract AmountDate Revised Contract AmountDescription of change Designer SignatureTotal Estimated Cost Client Signature
  • Contract: Section 7 Reimbursable Expenses Approved travel outside of the general area of office Taxi, air, mileage, tolls, lodging EXCERPT…Designer shall be reimbursed for the following reimbursable expenses only to the extent that such expenses were necessarily incurred for the project. Travel, when approved in advance or required by Client, for Designer and its representatives (except for travel in the general area of Designers office). Travel reimbursement shall be limited to:A. Reasonable actual cost of any taxi, bus, railroad or air travel (coach where practicable);B. Transportation by automobile at Fifty Cents ($.50) per mile, plus tolls and parking; andC. Reasonable actual lodging expenses and meals incurred while traveling…
  • Contract: Section 8 Payments to Designer Terms of Payment How payment is made When payment is due EXCERPTA. One half (1/2) of the total is due to initiate the project. The second half is due upon completion.B. Payments for approved additional services (change orders) and for approved reimbursable expenses shall be made without duplication not more than once a month, within fifteen (15) days of presentation of Designers detailed statement. These detailed statements shall include all appropriate support data and shall be submitted on the fifteenth day of each month and shall cover all such expenses incurred up to the last day of the previous month…
  • Contract: Section 9 Suspension or Termination of Performance Procedure for ending a project before complete When payment isEXCERPT dueA. Client may at any time, and for any reason, direct Designer to stop Designers services under this agreement for a period of time. This direction shall be in writing and shall specify the period during which the services are to be stopped. Designer shall resume services on the date specified in the direction, or on any other date as Client may subsequently specify in writing. The period during which services are stopped shall be added to the time fixed for performance. Stoppage of services under this Section shall not give rise to any claim against Client.B. Client may at any time, with or without cause, terminate this agreement by written notice to Designer specifying the termination date, which shall be not less than Five (5) days from the date notice is given. In the event of termination in this manner, Designer shall be paid such amount as shall compensate it for the portion of the
  • Contract: Section 10 Designer’s Records Documentation of time and expenses Timesheets Approved Expenses EXCERPTA. Designer shall keep, and shall require each consultant engaged under this agreement to keep, accurate records in accordance with sound accounting principles, of all expenditures made and all project costs, liabilities and obligations incurred under this agreement. These accounts shall be available on reasonable request to Client for examination and audit.
  • Contract: Section 11 Notices Methods of communication Communication channels Confirmation of receipt EXCERPT…Any notice, approval, acceptance, request, bill, demand or statement under this agreement from either party to the other shall be in writing and shall be deemed to have been given when either delivered personally, deposited in a U.S. mail box in a postage prepaid envelope, or email addressed to the other party at the address that accompanies their signature to the agreement. Either party may at any time change address by delivering or mailing, as stated above, to the other party a notice stating the change and the changed address. Notices sent by email to the addresses listed in Exhibit B shall only be deemed to have been given upon receipt of a confirmation email from the recipient to the party giving notice.
  • Contract: Section 12 Clientship of Documents Ownership of work “Work for hire” contract When paid in full, copyright belongs to client EXCERPTA. All drawings, plans, specifications and other documents prepared by Designer in connection with the project are prepared as "work for hire," as the phrase is defined in Section 101 of Title 17 of the United States Code, and all title, Clientship and copyright privileges are and shall at all times be in Client. Client shall not use any such drawings, plans, specifications or other documents for any other project to be or proposed to be.B. Designer agrees, when requested by Client, to immediately execute any reasonable documents which documents shall evidence and acknowledge the Clientship of all drawings, plans, specifications and other documents in Client.
  • Contract: Section 13 Professional Consulting Services Managing subcontractors Hiring other professionals upon approval Managed and paid by designer EXCERPTA. Not engage any consultants, except those listed in Section Three, without the prior written approval of Client.B. Be responsible for the performance of the work of all consultants engaged by it. This shall include the maintenance of schedules, coordination of their work and resolution of all differences between them.C. Pay to any consultants employed for any part of the project fees commensurate with the professional services. It is understood that all consultants engaged by Designer are independent contractors to Designer and not to Client and Designer alone is responsible for their work.
  • Contract: Section 14 Proprietary Items Legal use of content Client should have rights to use provided content EXCERPTDesigner shall not, without the prior written approval of Client, specify for the project or necessarily imply the required use of, any article, copyrighted material, service mark, or trademark which is not the property of Client or Designer.
  • Contract: Section 15 Acceptance of Final Payment End of project Final payment completes project and ends contract EXCERPTThe acceptance by Designer, its successors or assigns, of any payment made under this agreement, or any final payment due on termination of this agreement, shall constitute a full and complete release of Client from all claims, demands and causes of action which Designer, its successors or assigns have or may have against Client under the provisions of this agreement.
  • Contract: Section 16 Liability Designer and client responsibilities Client is liable for all provided content Designer and Client are liable for project completion EXCERPTA. Any claim made by Designer arising out of any act or omission by any officer, agent or employee of Client, in the execution or performance of this agreement, shall be made against Client and not against the officer, agent or employee, unless such officer, agent or employee lacked authority to enter into this agreement.B. Designer shall require each consultant to agree in its individual contract with Designer not to make any claim against Client, its agents or employees by reason of that contract.
  • Contract: Section 17 Miscellaneous State laws and other items All state laws apply Client’s contract items not already included could be added here EXCERPTA. This agreement shall constitute the sole understanding of the parties and supersedes all prior negotiations, statements, instructions, representations or agreements either written or oral. This agreement may be amended only by written instrument signed by both Client and Designer.B. The laws of the State of Arkansas shall govern this agreement.
  • Contract: Section 18 SignaturesDesigner’s signature, date, printed name, title,business name, email, address, office phone,mobile phone, faxClient’s signature, date, printed name, title,
  • Thank You Sonia Davis Gutiérrez, founder and president New Design School; principal and designer of 3c21 Design Facebook, Twitter, LinkedIn Paul D. Reynolds, attorney Facebook, LinkedInDownload template documents athttp://newdesignschool.org/contracts-for-designers.htmlFind this presentation on SlideShare