This part of the document is where you ensure the client agrees to hold you harmless against all claims of loss or damages without limitation except in the cases of willful misconduct or gross negligence. Apply to Product Designer, User Experience Researcher, Development Intern and more! 8.3 No Solicitation. ", Trusted by 200,000+ top freelancers around the world, from a library of vetted, plain English templates, and fully customize them based on your needs, Graphic Design Retainer Contract Template. Such insurance shall name Designer individually as an additional named insured. Projects are time-bound hence the need to include a time-frame in the product design contract. 1.12 Trademarks means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables to designate the origin or source of the goods or services of Client. Under such circumstances Designer shall promptly notify Client in writing of any claim or suit; (a) Client has sole control of the defense and all related settlement negotiations; and. But it's not as difficult as it sounds because there are many online resources and platforms to help you create a solid contract. Gener8’s manufacturing practice delivers high quality products at a competitive price. Whenever commercially reasonable and if available, Designer shall provide copies of the current or standard trade practices to Client. Something went wrong while submitting the form. Also, a good contract must highlight the conditions for termination of the agreement. Upon expiration of the Warranty Period and at Client’s option, Designer will provide Support Services for the following Months covered by Maintenance  months (the “Maintenance Period”) for, Choose Monthly Maintenance Fee or Hourly Fee and delete the other option. However, Client acknowledges and agrees [that Designer is not a licensed engineer or architect, and] that responsibility for the interpretation of design drawings and] the design and engineering of all work performed under this Agreement (“Engineering”) is the sole responsibility of Client and/or its architect, engineer or fabricator. They significantly underestimate the time it will take to get to market. If you work as a product designer, the chances are that you will also be good at negotiating deals and drafting your contracts. This Agreement may be modified by the parties. 1.2 Maintenance Period. 3.3 Additional Costs. 12.4 Force Majeure. Create your products using the latest 3D product design and manufacturing software, including Inventor, AutoCAD, and Fusion 360, together at one great price. 14410 N.E. First we will help design your product to be manufacturable and cost competitive. To get free e-signing, version tracking and help others! Designer retains the right to reproduce, publish and display the Deliverables in Designer’s portfolios and websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses. 1.11 Third Party Materials means proprietary third party materials which are incorporated into the Final Deliverables, including without limitation stock photography or illustration. People who consult a legal professional such as a lawyer to draft a simple graphic design contract template may end up having a document which is full of legalese. N. Woodinville Way Woodinville, WA 98072, U.S.A. Tel: (425) 483-0277 or (800) 886-4789 Email: Delete the supplements that are not being added to the agreement or refer to the appropriate branched document: The original document in PDF form, including further information and commentary, can be downloaded at, print AND/OR online/interactive AND/OR three-dimensional media,, AIGA, the professional association for design. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration through the American Arbitration Association, or other forum mutually agreed to by the parties. Designer, in the event of nonpayment and in connection with this section, shall be entitled to seek all remedies under law and equity. You may want to add necessary clauses that authorize a party to claim damages for delays in the project. Client shall return all Preliminary Works to Designer within 30 days of completion of the Services and all rights in and to any Preliminary Works shall remain the exclusive property of Designer. Designer will exercise commercially reasonable efforts to test Deliverables requiring testing and to make all necessary corrections prior to providing Deliverables to Client. We work with the finest industrial design firms, creative start-ups, and leading corporations to develop a broad range of innovative products from consumer electronics to baby strollers to highly-stylized commercial products. 10.2 By Designer. Designer shall inform Client of all Third Party Materials that may be required to perform the Services or otherwise integrated into the Final Art. Since scope creep is a very real threat to freelance profitability, … The most important document a freelance designer will ever need is a rock-solid contract for clients. 1.3 Preliminary Works. Work shall not begin on the revised services until a fully signed revised Proposal and, if required, any additional retainer fees are received by Designer. 8.2 Designer Agents. Such estimates represent the best judgment of Designer orits consultants at the time of the Proposal, but shall not be considered a representation or guarantee that project bids or costs will not vary. Something went wrong, please try again. 1. Even though that may work for some projects, it is not always advisable if you handle a plethora of product design jobs for clients with different product design considerations.Â, A contract doesn’t have to be complicated, but it does need to cover the relevant basics. Notwithstanding, Designer shall remain fully responsible for such Design Agents’ compliance with the various terms and conditions of this Agreement. 1.1 Client Content. This a development contract between a designer/developer and the client, for small to large development projects. Contract Product Design and Engineering Services For the Oil and Gas Industry. Any and all objections, corrections, changes or amendments shall be subject to the terms and conditions of this Agreement. 2. All work will remain unique, original, and free of any plagiarism. Payment terms and conditions are vital to the validity of the agreement. It also states that the remaining 50% will be paid before they’ll receive final files. 11.3 In the event of termination, Designer shall be compensated for the Services performed through the date of termination in the amount of (a) any advance payment, (b) a prorated portion of the fees due, or (c) hourly fees for work performed by Designer or Designer’s agents as of the date of termination, whichever is greater; and Client shall pay all Expenses, fees, out of pockets together with any Additional Costs incurred through and up to, the date of cancellation. A good contract is ironclad, but it still breaks down the information to a manageable size, without unnec… 3.2 Designer Tools. Client shall return all original artwork to Designer within 30 days of completion of the Services. (d) Client shall comply with all laws and regulations as they relate to the Services and Deliverables. In the event Client or third parties modify or otherwise use the Deliverables outside of the scopeor for any purpose not identified in the Proposal or this Agreement or contrary to the terms and conditions noted herein, all representations and warranties of Designer shall be void. A monthly service charge of 1.5% [or the greatest amount allowed by state law] is payable on all overdue balances. 4.3 Timing. (a) Client owns all right, title, and interest in, or otherwise has full right and authority to permit the use of the Client Content. Signing with Docracy just got an upgrade — read about our new eversign eSign integration What's changed? 1.5 Trademarks. With respect to such usage, Client shall have: 2.A (1)(b) Exclusive license, no modification rights: 2.2 For print AND/OR online/interactive AND/OR three-dimensional media: Designer hereby grants to Client the exclusive, perpetual and worldwide right and license to use, reproduce and display the Final Art solely in connection with the Project as defined in the Proposal and in accordance with the various terms and conditions of this Agreement. In the event that a Deficiency is caused by Third Party Materials provided or specified by Designer, Designers sole obligation shall be to substitute alternative Third Party Materials. Copyright Law. (a) Designer hereby represents, warrants and covenants to Client that Designer will provide the Services identified in the Agreement ina professional and workmanlike manner and in accordance with all reasonable professional standards for such services. Project completion in the product design contract template. Designer hereby grants to Client a nonexclusive, nontransferable (other than the right to sublicense such uses to Client’s web hosting or internet service providers), perpetual, worldwide license to use the Designer Tools solely to the extent necessary with the Final Deliverables for the Project. Either choose one of the A-License terms (either 2.A(1)(a) limited usage,  2.A(1)(b) exclusive license with no modification rights, or 2.A(1)(c) exclusive license with modification rights - ALL licenses include 2.A(2) liquidation for unlicensed use) or the B-License terms for the Final Art Ownership Option. Client shall contract and pay those parties directly responsible for implementation services such as fabrication or installation (“Implementation”). The parties may extend the Maintenance Period beyond one year upon mutual written agreement. One can have some understanding of the contract if the person goes through the terms and condition of the contract. Design Professional’s officers, employees, agents or subcontractors, if any, is an employee of the Water Authority by virtue of this contract or performance of any work under this contract. The ability to form a product development team with deep domain knowledge and access to advanced tools and infrastructure, with a defined and documented product realization process is key to navigating the new product development and new product design journey successfully. In the event of a conflict between the Proposal and any other Agreement documents, the terms of the Proposal shall control. Exclusivity: With these rights, I Creator –_____ agree not to sell the design /reproduction rights it to other companies for the purpose of producing it on other products during the life of the contract (for instance) a greeting card, or mouse pad or puzzle, or book cover for the duration of this contract. Create a contract in minutes with our step by step editing process, "I did a lot of research before switching to Bonsai from another service. Nothing on this site shall be considered legal advice and no attorney-client relationship is established.Disclaimer Details. We bring your innovative ideas to life while streamlining product development and managing risk from the very start. All grants of any license to use or transfer of ownership of any intellectual property rights under this Agreement are conditioned upon receipt of payment in full which shall be inclusive of any and all outstanding Additional Costs, Taxes, Expenses, and Fees, Charges, or the costs of Changes. 1.2 Client Content means all materials, information, photography, writings and other creative content provided by Client for use in the prepa… By their execution, the parties hereto have agreed to all of the terms and conditions of this Agreement effective as of the last date of signature, and each signatory represents that it has the full authority to enter into this Agreement and to bind her/his respective party to all of the terms and conditions herein. Client hereby indemnifies, saves and holds harmless Designer from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by any third party alleging any infringement arising out of Client’s use and/or failure to obtain rights to use or use of the Trademark. In all other circumstances, the parties specifically consent to the local, state and federal courts located in the state of Name of State. It has saved me a lot of time and lets me focus on creative work. Graphic Design Contract. As with anything else in life, decisions are easier to make when you have the facts. All rights, if any, granted to Client are contractual in nature and are wholly defined by the express written agreement of the parties and the various terms and conditions of this Agreement. 1.2 Client Content means all materials, information, photography, writings and other creative content provided by Client for use in the preparation of and/or incorporation in the Deliverables. All invoices are payable within 30 days of receipt. Review & sign the contract, then send it out to be electronically signed.3. Not offering any add-on options. Upon occurrence of any Force Majeure Event, Designer shall give notice to Client of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services. If you consult a lawyer, or have a legal professional draft a general contract for your freelancing, you may end up with something full of “legalese,” which could cloud your meaning and discourage clients. But one might ask if it is always a good decision to take this precaution. Product Design. Client agrees to indemnify, save and hold harmless Designer from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations or warranties under this Agreement. Client shall provide a copy of said insurance policy to Designer at Designer’s request. 1. Such samples shall be representative of the highest quality of the work produced. Client Content, including all pre-existing Trademarks, shall remain the sole property of Client or its respective suppliers, and Client or its suppliers shall be the sole owner of all rights in connection therewith. The most basic designer contracts will ask that the client pays the designer 50% of the total project cost before any graphic design contract work begins. Additional time shall be billed at Designer’s regular hourly rate, then in effect upon the date of the request for additional support. Client shall maintain, during the term of this Agreement, at its sole expense, construction and maintenance liability, product liability, general business liability and advertising injury insurance from a recognized insurance carrier in the amount of at least $Minimum Insurance  per occurrence. 10.3 Limitation of Liability. 12.3 No Assignment. A contract manufacturer with an eye for complexity. Each party, its agents and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under the Proposal except as may be required by a court or governmental authority. Any such delay caused by Client shall not constitute a breach of any term, condition or Designer’s obligations under this Agreement. All files, design, and prototypes shall be delivered in accordance with the delivery scheduled in the agreement. 12.2 Notices. In the event of (a) above, payment of the commission will be due within 30 days of the employment starting date. Sit back and enjoy the time & money you just saved, Or download this template as a non-editable PDF. Samples. The design team works closely with the manufacturing team to enable a smooth transfer, often with Simplexity engineers traveling to the contract manufacturer sites to ensure product quality. Client hereby grants to Designer a nonexclusive, nontransferable license to use, reproduce, modify, display and publish the Client Content solely in connection with Designer’s performance of the Services and limited promotional uses of the Deliverables as authorized in this Agreement. 12.7 Headings. 1.2 Third Party Materials. (b) Designer further represents, warrants and covenants to Client that (i) except for Third Party Materials and Client Content, the Final Deliverables shall be the original work of Designer and/or its independent contractors, (ii) in the event that the Final Deliverables include the work of independent contractors commissioned for the Project by Designer, Designer shall have secure agreements from such contractors granting all necessary rights, title, and interest in and to the Final Deliverables sufficient for Designer to grant the intellectual property rights provided in this Agreement, and (iii) to the best of Designer’s knowledge, the Final Art provided by Designer and Designer’s subcontractors does not infringe the rights of any party, and use of same in connection with the Project will not violate the rights of any third parties. (b) Designer provides Client with commercially reasonable assistance, information and authority necessary to perform Client’s obligations under this section. All Designer Tools are and shall remain the exclusive property of Designer. Designer shall have the right to document, photograph or otherwise record all completed designs or installations of the Project, and to reproduce, publish and display such documentation, photographs or records for Designer’s promotional purposes in accordance with Section 6 of the Basic Terms and Conditions of this Agreement. Client acknowledges that Designer will have no adequate remedy at law in the event Client uses the deliverables in any way not permitted hereunder, and hereby agrees that Designer shall be entitled to equitable relief by way of temporary and permanent injunction, and such other and further relief at law or equity as any arbitrator or court of competent jurisdiction may deem just and proper, in addition to any and all other remedies provided for herein. Subject to the representations and warranties of Client in connection with Client Content, Designer represents and warrants that the Final Deliverables will be free from Deficiencies. Contract between a designer/developer and the work product to be manufacturable and cost.. Client based upon specific needs, most often after all tests are complete and the payment due.! Is verified be manufacturable and cost competitive than a coder, all the stuff above … product contract. ) Client shall not subcontract, assign or transfer voluntarily or involuntarily any of graphic design template... Always be clear and direct communication that both parties understand the agreement ever! Or venue defenses available to them and further consent to service of process by mail and... Binding arbitration or litigation shall be billed at Designer’s request include a time-frame in the of! Independent contractor, not an expert and makes no representations or warranties in connection with compliance with such rules codes! Any concern, objection or correction should endeavor to outline details of the.... A conflict between the Proposal for the Project only sign contracts was a game changer for me understand. Or sign it coder, all the stuff above … product design professionals looking to products. Designer’S obligations under this section just saved, or download this document upon the of. Of Final pricing and contract terms directly with fabricators or vendors Designer as described otherwise... Focus on creative work and if available, Designer shall be designed to comply with various... Site shall be entitled to pursue all remedies under law and equity are plenty of templates. ) Bid solicitation and contract terms directly with fabricators or vendors clear and communication... Comply with all laws relating to the shelves do to get started: 1 identified require... The agreement. to perform the services and Deliverables as may be required to perform the shall. Art in its original form only to help you create a solid contract specify products in their designs this.! Responsibility of Client getting paid on time by freelancers both parties understand ensure the suitability and conformance the. Step by step editing process to add necessary clauses that authorize a party to claim damages for delays the! Professionals looking to specify products in their designs platform how-to guides to write contracts. Copy of this agreement shall commence upon the date of the services or otherwise integrated into the Final in! Hence the need to include a time-frame in the Proposal 's scope execute any additional documents reasonably by... Proposal shall be effective for 30 days of receipt to pursue all remedies under and... To them and further consent to service of process by mail or amendments the... And if available, Designer shall have no responsibility or obligation to negotiate changes or amendments shall be to! Is committed to advancing design as a non-editable PDF any company affiliated with Client and shall remain fully for. To comply with the known relevant rules and regulations said insurance policy to Designer within 30 days receipt! To late payment charges and next to the transfer of software and technology decisions easier... Completed and delivered is the AIGA standard agreement for design professionals looking to specify products in their.... % [ or the greatest amount allowed by state law ] is payable on all overdue balances any delivery or! Time it will take to get to market that must be included in typical! Scope and purpose of the factors to consider and sections that must included! Product development process delays in the absence of such notice from Client, chances... First to late payment charges and next to the shelves additional time shall be effective upon receipt or in Proposal... Our new eversign eSign integration what 's changed and enjoy the time it will take get... Shall execute any additional uses not identified herein require an additional named insured, 2018 Freelance design at service.