# Hiring a Graphic Designer - Is this Contract Agreement OK?



## joe123 (Mar 20, 2012)

Hello guys,

I'm in the process of hiring a freelance graphic designer... My biggest concern is that I want the final image/design to be apart of my line. So I want to make sure that I can freely use the design as I wish. With out the fear of being sued or charged royalties by the designer in the future. 

This is the contract that the designer has present me with: 

*DESIGN CONTRACT*
This contract is an offer by Designer to Client for Designer to provide creative Work as requested by Client.
*1.* Work Client requests Designer to create only the final deliverable art, and not any preliminary Work or sketches.
*2. *Payment 0% of the total fee is required before any services will be rendered, and the remaining 100% is payable within 5 business days of receipt. A $10 service charge is payable on all overdue balances for reissuing each invoice at 15, 30, 45,
and 60 days from the date of original invoice. The grant of any license or right of copyright is conditioned on receipt of full payment.
*3.* Estimates When an exact compensation has not been declared and agreed upon, the fees and expenses will be
considered minimum estimates only unless an hourly fee has been agreed upon. That fee will be per hour and Designer shall provide the Client with a tally of hours within a reasonable period of time upon request if such is the measure of the fee. Final
fees and expenses shall be shown when invoice is rendered.
*4.* Grant of Rights Designer agrees to the perpetual license of the right to display and transmit Work to Client, excluding the right to authorship credit, modification, which is retained by Designer. Designer agrees that Work is produced with the intent it be unique and will not seek to resell or publish Work, except as noted below.
*5.* Designer’s Right to Authorship Credit Designer may use Work in Designer’s portfolio (including, but not limited to, any
website that displays Designer’s Works). Client does not have to display Designer’s name together with Work, unless being described with any editorial usage, but Client may not seek to mislead others that Work was created by anyone other than Designer.
*6.* Cancellation The fee for Work is refundable pending only upon Designer’s breach of contract. In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Designer, and a cancellation fee for work completed, shall be paid by the Client. If the project is on an hourly basis the and project is canceled by Client, Client agrees to pay no less than 100% of the hours already billed for the project at the time of cancellation or a minimum of 50% or the declared project compensation if the work is not to be billed hourly.
*7.* Limitation of Liability Client agrees that Designer will not be liable for any incidental or consequential damages that arise from Designer’s performance of this commission (including, but not limited to, failure to perform in a timely manner, regardless
of whether the failure was intentional or negligent.)
*8. *Dispute Settled by Arbitration, and Governing Law Any dispute under or about this Agreement must be submitted to
and resolved by arbitration through the arbitration services located at Internet URL. Parties will bear their own costs. Any court may enforce the arbitration award. This Agreement will be governed by the laws of the country of the United States of America.
*9.* Acceptance of terms The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. Designer as sender and Client as recipient will acknowledge acceptance of these terms either through an email noting acceptance or acceptance

Any insights or opinions would greatly be appreciated. Thanks in advance!


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## hmapress (Sep 24, 2013)

As a graphic designer myself, this contract seems pretty standard and gives you freedom to do anything with the art except resell it to other clients as your own and not to change it without his permission. You can make shirts and sell them as long as you don't sell the actual rights to the art.


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## Printavo (Oct 7, 2007)

Yeah seems reasonable and standard.


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## joe123 (Mar 20, 2012)

Thanks guys. Sorry for the late reply. I've since talked a bit more in depth with the designer. And we're going to start off with 1 project, in hopes that it leads to more


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