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CONTRACT CONTENTS

ARTICLE I

  • SERVICES TO BE PERFORMED
  • PAYMENT
  • TERMS OF PAYMENT
  • EXPENSES
  • MATERIALS
  • INTELLECTUAL PROPERTY OWNERSHIP
  • RELEASES
  • MORAL RIGHTS WAIVER FOR WORKS OF FINE ART
  • INDEPENDENT DESIGNER STATUS
  • BUSINESS PERMITS, CERTIFICATES AND LICENSES
  • FRINGE BENEFITS
  • WORKERS’ COMPENSATION
  • UNEMPLOYMENT COMPENSATION
  • WARRANTIES AND REPRESENTATIONS
  • TERM OF AGREEMENT
  • TERMINATING THE AGREEMENT

ARTICLE II

  • GENERAL PROVISIONS

CONTRACT SAMPLE

 

This ‘GENERAL DESIGN / ARTWORK AGREEMENT’ (“Agreement”) is made by and entered into between [DESIGNER NAME] (the “Designer”) and [CLIENT NAME] (the “Client”), and is executed as a binding agreement as of the Effective Date (Designer and Client are sometimes herein referred to collectively as the “Parties” or individually as a “Party”).

BACKGROUND AND PURPOSE

WHEREAS, the Client desires to engage the services of the Designer in the creation of a certain work of art, in accordance with the terms set forth below;

NOW THEREFORE, in consideration of the mutual promises and other good and valuable consideration considered hereinafter, the receipt and sufficiency of which are acknowledged by the Parties, the Designer and the Client agree as follows:

 

ARTICLE I

  1. SERVICES TO BE PERFORMED

Designer agrees to perform the services of creating a certain work of art and according to the following specifications:

  1. PAYMENT

[ ALTERNATIVE A: Fixed Amount]

In consideration for the services to be performed by Designer, Client agrees to pay Designer [$AMOUNT] ([$###]) according to the terms of payment set forth below.

  OR

[ALTERNATIVE B: Hourly Pay]

In consideration for the services to be performed by Designer, Client agrees to pay Designer at the rate of [$AMOUNT] ([$##]) per hour according to the terms of payment set forth below. Unless otherwise agreed upon in writing by Client, Client’s maximum liability for all services performed during the term of this Agreement shall not exceed [$AMOUNT] ([$###]).

  1. TERMS OF PAYMENT

Designer shall invoice Client on a monthly basis for all hours worked pursuant to this Agreement during the preceding month. Invoices shall be submitted on Designer’s letterhead specifying an invoice number, the dates covered in the invoice, the hours expended, and the work performed in summary during the invoice period. Client shall pay Designer’s fee within [NUMBER] ([##]) days after receiving Designer’s invoice.

  1. EXPENSES

Designer shall be responsible for all expenses incurred while performing services under this Agreement.

  1. MATERIALS

Designer will furnish all materials, tools, and equipment used to provide the services required by this Agreement.

  1. INTELLECTUAL PROPERTY OWNERSHIP

Designer assigns to Client Designer’s entire right, title, and interest in anything created or developed by Designer for Client under this Agreement. Designer shall help prepare any papers that Client considers necessary to secure any copyrights, trademarks or other proprietary rights at no charge to Client. However, Client shall reimburse Designer for reasonable out-of-pocket expenses incurred. Designer must obtain written assurances from Designer’s employees and contract personnel that they agree with this assignment. Designer agrees not to use any of the intellectual property mentioned above for the benefit of any other party without Client’s prior written permission.

  1. RELEASES

Designer shall obtain all necessary copyright permissions and privacy releases for materials included in the Images at Client’s request. Designer shall indemnify Client against all claims and expenses, including reasonable attorney fees, due to Designer‘s failure to obtain such permissions or releases.

Continued…

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