Business Forms · Part 2

Contracts

Contracts protect both you and the client. If the project takes a weird turn or the client starts asking for extra things (like endless revisions), you can refer back to the contract. It’s your safety net for ensuring you get paid for the work you do.

Contracts often include payment terms, so you’re not left chasing after money once the work is done. It sets the terms upfront, whether it’s a deposit or installments, ensuring you’re compensated properly.

Proposal first, then contract

  1. Step 1

    Send the proposal to the client

    The proposal outlines what you could do for the client if they hire you.

  2. Step 2

    If the client hires you, send the contract attached to the proposal

    The contract outlines what you will do for the client if they hire you, as well as how the client will compensate you when you complete your tasks.

The contract

Purple text needs to be updated by you!

Contract · Agreement, services & compensation

Client Consulting Agreement & Contract

This Agreement is made this ____ day of ___________, 20___ by and between CLIENT NAME [hereinafter referred to as “Client”], and YOUR BUSINESS NAME/YOUR NAME [hereinafter referred to as “ABBREVIATED NAME”].

Consulting Services: Service to be performed by ABBREVIATED NAME for the Client shall include: EVERY PROJECT IN SCOPE LISTED SEPARATELY.

Compensation: The Client shall pay ABBREVIATED NAME for its services as follows:
i) For design work, the Client agrees to pay the quoted fee of $0000.

Billing: ABBREVIATED NAME will bill at the completion of quoted design milestones. Prepayment, or a deposit, may be required for new customers or problem accounts.

Terms: Terms of payment are net 20 days. Accounts over thirty days shall be subject to a charge of 1.5% per month (18% APR) on the unpaid balance.

Contract · Responsibilities & materials

Client Responsibilities
The client is responsible for providing copy, digital files, photographs and other requested files to ABBREVIATED NAME in a timely manner. ABBREVIATED NAME is not responsible for editing, proofreading or copywriting for client content, unless included in proposal. Requested materials should be packaged in the smallest amount of transactions possible, to ensure efficiency. Changes to content past the Project Completion stage will be billed according to quoted hourly rate.

Materials & Ideas
All Client supplied photographs, graphics, designs and design elements remain the exclusive property of the Client. ABBREVIATED NAME will take reasonable care of all materials entrusted to it on behalf of the Client and shall return them to the client upon request and upon expiration or termination of this AGREEMENT. ABBREVIATED NAME will not be held responsible for any loss, damage, destruction or unauthorized use by others of such property.

Contract · Creative rights & indemnification

Creative Rights
ABBREVIATED NAME reserves the right to use any designs created for the Client for promotional purposes, such as their promotional website and portfolio, unless otherwise requested by the Client. ABBREVIATED NAME will not distribute the Client’s design or materials to any outside entity; all rights are solely for in-house use.

Indemnification
The client will indemnify and hold ABBREVIATED NAME, and its employees, harmless against any liability, loss, damage or cost (attorney’s fees) arising out of any claim, suit or proceeding based on any action taken by ABBREVIATED NAME on behalf of the Client.

Contract · Termination & entire agreement

Termination
This AGREEMENT shall continue indefinitely, at will, until terminated by either party upon written notice mailed or delivered to the other party. The rights, duties, and responsibilities of the parties shall continue in full force until notice is received. After notice is received, the AGREEMENT is terminated. No rights or liabilities shall arise out of this relationship in respect of unfinished work, regardless of any future plans for this work; PROVIDED, however, that ABBREVIATED NAME shall be entitled to reimbursement of costs incurred and payment of services rendered prior to expiration of such notice, as well as an additional termination fee of $150.

Entire Agreement
The agreement supersedes any other agreements, either oral or in writing, between the parties hereto, and contains all the covenants and AGREEMENTS between the parties hereto. Any modification of this AGREEMENT will be effective only if it is in writing by the party(ies) to be charged.

Signature section

Sample signature section: lines for the client’s signature, date, printed name, client name, address and email/phone, followed by the designer’s pre-signed signature with name, business name, address and date.
I pre-sign the contract, so all the client has to do is sign it and send it to you to get the job ready to start.

Open the sample proposal & contract (PDF, opens in a new tab)

Action

  • Create the contract on your letterhead.

© Created by Sara Rosenstock, Marietta College Graphic Design.