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Designers Don’t Speak ‘Legalese’
Carl Grivakis
More than a simple piece of paper, more than a handshake, a contract is a legal document tying together a designer and a client into agreement on a project. The contract is used to protect both you and your consumer and anyone who runs at the mention of the word ‘contract,’ your better off letting them go. In good faith someone comes to you because they need help, they need a solution for advertising/identity/branding or something else, you offer them your services, but you also must offer them an agreement.
What to put into a contract:
Project Details – Scope of work, what your actually doing, what your charging for the work and printing options as well as anything else needed to be mentioned up front.
Schedule – Outline delivery dates, and scheduling for both when you and the client touch base to make sure the project stays on track. This schedule should include times for clients to submit their content and times for when you plan on showing concepts, comps, and finished art…detail time for printing too if your handling this aspect of the project.
Copyright and Licensing – Here you need to cover who owns what…are you selling the artwork outright, or selling them the right to use it exclusively. Also mention whether you’ll use the work for self-promotion, and your right to compensation if the breech copyright.
Liability – Here you need to CYA on liability if a campaign is not successful or pulled for censorship or other sorts of nasty things, also cover typo’s and errors like that. If a project is proofed and signed off by the client, then it’s ready for press.
Payment – This is an outline of when you’ll be paid, how much, and how often. Cover late charges and interest, or payment plans as well.
You can come up with a contract template and cater it to each project as needed, some resources can be found in books, or on the web at sites such as www.creativelatitude.com.
Even though your likely to ignore this advice initially, everyone does eventually get burned. The contract is the legal document that outlines your agreement with the client…be sure to use it. I learned this lesson the hard way, getting burned earlier this year for 4 spot illustrations and I found resources for contracts afterwards. I recommend keeping the language on your contract simple and to the point, this will avoid confusion with the client later, also pick up a book on contracts for creative professionals. Good luck!
About the Author - Carl Grivakis - Graphic Designer and Production Artist as well as a design ethics enthusiast. Located in the Commonwealth of Massachusetts he is the founder of PowderKeg Graphic Design and Tapp-d found online at www.grivakisgraphics.com/html/wordpress
Copyright (c) 2006, Carl Grivakis, All Rights Reserved