Basic model contract for graphic designers

The employment contract is a very important document since it establishes the clauses as well as the conditions in which a job will be performed and with what remuneration. If you are part of the workers in our sector, it will be very interesting and useful for you to have a clear reference to this document.

Here is a template that reflects very well how this document is formalized and what data should appear within it. It is a custom model that an entrepreneur will make to a designer for the creation of one or more designs that meet certain characteristics. This legal relationship corresponds to the leasing or provision of services.

1. The signing of this Contract, and its subsequent return to the Designer, will imply its acceptance and will imply the order for the start of the agreed Design. Therefore, a subsequent cancellation of the order to carry out the agreed Design will entail the payment of the amount of the work carried out until the cancellation date

2. The Designer undertakes to carry out the design agreed with the Client, in accordance with the provisions of this Contract, and to deliver it within the agreed term, starting from obtaining all the information and documentation necessary for the execution of the aforementioned design.

3. The Client undertakes to provide at all times the information and documentation requested by the Designer for the effective development of the Design and authorizes […] with DNI / NIF […], so that, in his name and on his behalf, to facilitate said necessary information or documentation and give the instructions that you deem appropriate to the Designer to carry out the Design.

4. The budget annexed to this Contract will be valid for […] months from its communication to the Client. Once this term has elapsed for reasons beyond the control of the Designer, or attributable to the Client, the Designer may review the budget, making a new one, which will add the increases that may result, but maintaining the same evaluation criteria applied in the first budget. In the event that the Client does not accept the new budget, the Designer may terminate the Contract and the Client will be obliged to pay the amount of the expenses incurred and the work carried out up to that moment, increasing the latter, its value by 10% .

5. This budget does not include any additional work that may arise from changes in orientation in its preparation by the Client. Consequently, any change in the content of this order may imply a review of the budget by the Designer, making a new one to which he or she will add the increases in the amount that have occurred or could be produced, but maintaining the same criteria. used in the first estimate. If the Client does not accept the new estimate, the Designer may terminate the contract and the Client will have to pay all the expenses paid by the Designer plus the work carried out up to that moment, increasing the latter by 10%.

6. If for any reason beyond the Designer's control it is not possible to continue with the Design, this Contract will be terminated, and the Client will undertake to pay the expenses incurred and the amount of the work carried out up to that moment. If the impossibility of continuing were due to any cause attributable to the Designer himself, the Contract will also be terminated, and the Client also agrees to pay the expenses incurred and the amount of the work carried out up to that moment but with a deduction on the last amount of the 10%.

7. The Designer undertakes not to provide any type of information to third parties about the Design, except for the information that the Designer should provide to his collaborators. On the other hand, the Client undertakes to keep confidentiality and not to provide third parties with any type of information on the Design, until the agreed price has been fully satisfied.

8. Unless otherwise agreed in writing, the Designer will hold the ownership of the industrial property of the Designs made, assigning exclusively the exploitation rights, but not the ownership, of the Designs made under this Contract by a period of five (5) years from the delivery of the sketches and originals of the Design, requiring the transfer to third parties of the exploitation rights of the prior written consent of the Designer.

9. The Client undertakes to collaborate as much as possible with the Designer to ensure that the intellectual property held on the Design is respected.

10. The name of the Designer must appear in a prominent and preferential place, in all types of promotion and support of the Design. In this sense, the Designer will provide the Client with all the necessary material so that his identification as the author of the work appears.

11. Unless otherwise agreed in writing, the sketches and originals of the Design are the property of the Designer and will be returned once used for what they were created. Those sketches and originals that are not accepted by the Client will be returned to the Designer, the Client assuming the expenses derived from their presentation.

12. The Designs presented and that are not accepted by the Client, entail the waiver of any right that could be held over them, remaining at the disposal of the Designer, who is their author, who can give it the use he wishes or create more convenient.

13. The Client undertakes to treat the Design prepared by the Designer, be it the draft or the final one, with all respect, forcing himself not to break or deteriorate it, and if so, he will have to answer for the possible damages that cause the Designer.

14. The Client accepts the obligation to review the Design before beginning any process for its reproduction, use, diffusion or printing, and releases the Designer from any responsibility for errors or defects that may occur in the Design and that are not have been the object of a claim prior to the aforementioned process.

15. This budget does not include taxes or taxes derived from this operation, which, in any case, will be borne by the Client.

16. The Designer may retain a minimum of four (4) copies of the Design delivered to the Client free of charge and may use them as an exhibition, publicity or personal promotion, without the need for prior communication to the Client.

17. The signatories submit, for any litigation that may arise from this Contract, to the jurisdiction of the Courts and Tribunals of the city of […], expressly waiving their own jurisdiction if they have it.

18. Payment conditions: The Client agrees to pay the fees for this work upon completion (or previously if agreed) under the following conditions: [] Cash [] Bank transfer ([…]% discount). In proof of acceptance of this Contract, the grantors sign, in the place and on the date indicated in the budget. The client [] The designer [] Check [] At the end of the work [] Postponed to […] days.