If there is one piece of advice I can give to a budding independent creative – it is to not do ANY work without a contract of some sort in place. They not only protect you, but your client as well. Good contracts create a clear understanding of the process and mutual expectations, which is essential for both parties.

When I first started out, I remember googling, “contracts for brand designers” and piecing together a Frankenstein document for my first client to sign. It got the job done and I’m lucky that no issues arose.. but I probably wouldn’t recommend others doing the same. It’s simply too important of an agreement to naively DIY.

I’ve since then purchased a tried and true, professionally created contract that was made specifically for brand designers (thank you The Contract Shop!) and because of that, I feel so much more confident and secure in my work. And while they gave me a solid foundation, it’s something I’ve continued to add onto as more situations and experiences arise.

So let’s talk about some of the top things I include in my design contract.

The Deliverables

This may be a no brainer but first things first. Be sure to include what goods and services are being exchanged between you and the client: from the deliverables and deliverable formats all the way to the number of revision rounds included.

• What is included in the scope: A detailed list of deliverables AND the amount of revisions so there is no room for scope creep.
• What isn’t included in the scope: While it may be common sense to outline what is included in the scope, sometimes clients can make assumptions resulting in the scope unintentionally growing. To avoid small things being added on without compensation, it’s also a good idea to outline what is not included. Some things I typically don’t include are font purchase, font licensing, website hosting, search engine optimization (SEO), ongoing website support or maintenance, ongoing content creation for social media, Google Analytics integration, website copy support, printing costs, legal copywriting licensing costs, or legal trademark licensing costs.

Payment Details

Some designers prefer to charge payments based on project milestones while others assign specific calendar dates to payments. I’ve done both in the past, but have found that including a pre-agreed upon payment schedule with specific dates in the contract works best for my process. This leaves no room for payment delays – especially if the project is running behind schedule due to set backs from the client.

• Payment plan schedule: The total project cost with tangible due dates for payments along with your late fee policies.

Timelines & Project Delay Fees

Speaking of client delays – communicating a clear timeline and deliverable schedule is imperative for a smooth project and work schedule. If you working on a 1:1 client basis, making sure your clients respect your time and stick to the allotted space in your calendar is crucial. If not, you run the risk of client work piling up or tirelessly waiting on client feedback. To help avoid this, you need to set expectations from the start.

• Clear client communication expectations: A defined client feedback loop schedule to keep the timeline on track.
• Client delay fee policy: A detailed outline of the fees associated with project delays of any kind.
• The no-show: What happens in the event of a client literally ghosting you.
• The cancelation or rescheduling policy: What happens in the event of designer or client needing to pause or end a project.

Licensing & Ownership

Defining ownership of the deliverables, who has rights to what, and who is responsible for what helps create a strong sense of clarity.

• Copyrights: Be sure to include who owns the copyright to the work, whether that be you or your client.
• Designer’s credit and right to share the work: Because I’m sure you are extremely proud of the hard work you’ve done, you are going to want to show it off! Be sure to include a clause granting permission of designs to be featured in designer’s portfolio and social marketing. If you are working on a website, incorporating a clause to include site credits in the footer for a pre-determined amount of time is encouraged as well.
• Font licensing information and expectations: If you don’t have font purchasing costs incorporated into your package pricing, it’s important to make it known that the typefaces are “recommendations.” AKA the client has to pay for their own appropriate licenses to use them.
• Mockup rights: Often times to sell a brand direction, designers include mockup ideations so clients can understand the full potential of the vision (things like print collateral, packaging, signage, etc.) However, if these designs were not listed as specific deliverables in the scope, the client does not have rights to use these design concepts without appropriate compensation. This is something clients may not be aware of of understand, which is why it needs to be addressed in the beginning.

A Couple Extras

• A style release since the nature of work is subjective.
• Release of errors or printing error after designs are approved.

We all want to manifest each project going smoothly with no fuss, creeps, or delays – but the fact is the nature of working with people is unpredictable. My contract has come in handy more than a few times and it gives me a great sense of confidence knowing I and my clients are on the same page and protected in unforeseen scenarios. So friends, take a second look at your contracts, like.. right now. Protect you, your business, and your clients.

Keep in mind that these are only a couple of highlights and I always recommend consulting with a lawyer in regards to your own contracts.

Looking for more ways to refine & streamline your design process?

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