Details
Contracts are important in our modern world!
You may be the perfect client: the one person who will never call me at 8pm on a Thursday night for a project due Friday, expecting to pay whatever you want, whenever you want (after having stolen the idea I sent you in concept form last time we worked together and taking it to another designer to create cheaper). Yeah, these things really do happen.
Maybe you are even certain that you won’t be struck by a bus and un-alived mid-project, and you expect to live to 96 due to your ultra-healthy lifestyle and athletic habits. But then there’s that one time…
The situation that I most want to ward off will be a simpler, more likely one where you’ve sent me a project, and a month into it, your boss tells you to put it on hold for an undetermined amount of time. I get left hanging with invoices and “Hold on” emails floating between us indefinitely, and when you are suddenly charged to finish things up ASAP or your neck is on the line, I have meanwhile taken up new work and my month is filled to the brim.
So, how should I handle these situations? By being prepared in advance for them. Hence the contract.
This ain’t no side gig; this is my job and I take it and being paid seriously! Contracts (at least mine) are not meant to trap you forever in a scheme of weekly payments and unimpressive goods. What they are is an agreement of terms that we will both work under, to show respect to each other’s situations, and to make sure everyone comes out of the project happy. And, they are not set in stone. While I have a standard set up to work with, I alter some piece of it for almost every client!
What I have found to be important in a contract:
A summary of my interpretation of your project needs.
You and I have different backgrounds, speak in different terminologies, and yet need to be clearly understanding of your project needs and plans. I’m going to translate my understanding of what you’ve explained to me.A basic schedule to keep us on track.
Dates are often flexible, until they aren’t. “Just whenever” won’t work, if you are certain that you need something for an event on a specific day, so let me know those dates up front.Money.
You have it, I need it. If you don’t have it, you probably won’t be able to hire anyone. If I don’t need it, I probably won the lottery and am on a beach. But really, let’s come to an agreement on what and when you will be expected to pay me and what will happen if you don’t.Reminders that things change in life and we must adjust our expectations and plans to accommodate sometimes.
Even if you do get hit by that bus, your business may still need this project finished, or maybe they won’t. But, I will definitely still want to be paid for the work I have put into this.Lastly, how things work at the end and afterwards.
I put a lot of effort into your project. And for that, I want to be able to use your project samples in my portfolio and competitions and such. But also, you probably want to know more about getting your files from me.
Look, what I’m trying to say is that
I want to help you out. I really do. I want to make you amazed and happy and proud of your new project. I want your boss and clients to look at what we’ve accomplished and say “Ooooo, Ahhhh.” But I also have bills to pay, just like you do. And I have other clients and projects to balance, just like you do. And, I have a vibrant and full life at night and on the weekends, just like you do. No one is sitting on the couch just twiddling their thumbs waiting for work to do.
What to expect
Process
New to working with me, or graphic designers in general? As to my standard delivery workflow, you can expect the following:
Initial concepts for your design: After your deposit is made and signed contract received, concepts will be delivered as low-resolution preview images of the design direction. Direction choice and modification requests should be made at this stage before the next step. For larger collections of work that have multiple project pieces, only one design concept will be sent unless multiple options are requested; follow up pieces will be designed to match after the chosen direction is finalized.
Refinement of concept: The feedback you provide me after the initial concepts will be used to fine tune the styling/details to best match your goals. Follow up pieces will be designed to match, and all pieces will then be sent as low-resolution images. This refinement step may be repeated multiple times at hourly cost.
Project approval: Upon approval of images after all revisions, you will be billed the full balance and emailed the files for printing.
Legal babble is never fun, but helps assure we are both happy & protected. Though this page may feel a bit intimidating, this info really is not complicated, and it is for your benefit, to assure you of what to expect from me, and what I will expect of you.
NOTE: Italicized info is important, and bolded items represent things that will be personalized per our conversation in your contract.
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I have the experience and ability to perform the services you need and intend to carry them out in a professional and timely manner. On top of this, I will also maintain the confidentiality of any information that you provide. As the client, you have the power and ability to enter into this contract on behalf of your company or organization.
You agree to provide everything that is needed to complete the project including text, high resolution and/or vector images, and other information as and when it is required, and in the format asked for. You agree to review the work, provide clear and concise feedback, and sign-off approval in a timely manner of 2 business days to prevent lengthening of your project timeline. Along the way I will endeavor to meet all the deadlines set but cannot be responsible for a missed launch date or deadline if you are slow in supplying content, answering questions, or approving work on time, at any stage.
This collaboration is dependent on both of us, so you will also be bound by any dates that we set together (unless re-negotiated between both parties, or in times of unavoidable due-stress). Life happens, so if you need more time, I understand; please contact me to let me know as soon as you can, and expect there could be delays in the process. You hereby also agree to stick to the payment schedule set out in this contract.
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Project estimates are valid for 30 days from the date the estimate is sent. Project may be re-estimated if, upon receipt of all project elements (necessary files, text, images, etc.), the designer determines the scope of the project has been altered dramatically from the originally agreed upon concept discussion.
Stock art/photography/fonts/domains/hosting and any other outside expenses to be purchased by the designer will be added to your invoice.
Any additional work required outside of the above quoted description will be charged at a rate of $90/hr, or may be negotiated into a new quote. All future work will adhere to this same contract, with only specific project details changed, unless a new contract is submitted to you for review & signing.
From experience, I have found that fixed-price contracts are rarely beneficial to the client, as they often limit you to your very first idea about how something should look or work. I don’t want to limit either your options or your opportunities to change your mind. The estimate/quoted price at the beginning of this document is based on the number of hours needed (approximately) to accomplish everything that you have told me you want to achieve at current time with this project. If you do want to change your mind & make additions after delivery of final goods, you will be charged the hourly rate, or we can re-negotiate a new deal.
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A deposit in an amount equal to (TBD: 30-50%) of the estimated cost of each project is requested in conjunction with the signed contract. An invoice for this deposit will be sent by email following the contract reception by the artist.
The full, remaining balance is to be paid upon approval of the final low-resolution, preview image(s). After 30 days of non-payment, a 10% fee will be added on each 30 days following, compounding.
Additional payment arrangements: Any additional work on this project will be charged at the hourly rate and must be paid in full upon approval of the final preview image. An invoice for the balance due will be sent by email upon reception of artwork approval.
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Per guild standards, upon final payment, the artist (Stacey Jones) maintains/waives (this will be determined in our negotiation first) the rights to ownership of the final creative/visual entity/artwork produced to clients (Your name here). The payable amount purchases the labor to generate assets, not/and (relative to previous statement) full rights to the assets for use in any application (marketing, resale, etc). The artist maintains the right to display the artwork for portfolio use, as well as entrance into contests for award money and/or recognition. No notice of this occurring will be required between the artist and client, however always appreciated.
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The client shall not unreasonably withhold acceptance of, or payment for the project. If, prior to completion of the project, the client observes any nonconformance with the design plan or agreements, the designer must be promptly notified, allowing reasonable time for necessary corrections, and re-negotiating of the contract to account for changes of perception that may effect description and/or time needed. Rejection of the completed project or cancellation during its execution without opportunity for correction will result in forfeiture of deposit(s) and billing for all additional labor or expenses to date not covered by the deposit. All labor will be billed at the previously stated rate of $90/hr.
All elements of the project remain under ownership of the designer until completion of project and final payment, and then pre-negotiated files will be sent forward to the client/new owner. Designer will retain all files upon cancelation of project, with the exception of pre-made purchased assets that have been paid for by the client, such as fonts/domains/stock photography/etc. Any usage by the client of the design elements before full payment, or re-creation of such by another artist, will result in copyright infringement and appropriate legal action. Client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this contract.
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The estimated completion date of the listed tasks is approximately TBD, which includes 3 business days from today’s date for return of signed contract. I will endeavor to stay as true to the quoted time & budget as possible, but will need to adjust where extra time & work is needed, in lieu of your response time. Any delay in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the designer, shall entitle the designer to extend the completion/delivery date, upon notifying the client, by the time equivalent to the period of such delay and unforeseen consequences. The client will assume any shipping or insurance costs. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client.
I hope this eases your concerns about what to expect, and please drop me a line if you have another question. I look forward to working with you!
