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Graphic Design Contract for New Zealand

Graphic Design Contract Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the terms and conditions for graphic design services. This contract defines the scope of work, deliverables, intellectual property rights, payment terms, and project timeline between a graphic designer or design agency and their client. It incorporates provisions compliant with New Zealand's Copyright Act 1994 and Fair Trading Act 1986, ensuring protection for both parties while maintaining professional standards in the design industry. The document includes specific clauses for revisions, approval processes, and usage rights, tailored to meet the unique requirements of graphic design projects in the New Zealand business context.

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What is a Graphic Design Contract?

The Graphic Design Contract serves as a crucial legal document for establishing professional relationships between graphic designers and their clients in New Zealand. It is essential for both freelance designers and design agencies when engaging with clients for any design project, from brand identity development to marketing materials. This contract type is specifically structured to comply with New Zealand legislation, including the Copyright Act 1994, Fair Trading Act 1986, and Contract and Commercial Law Act 2017. It provides comprehensive coverage of key aspects such as project scope, deliverables, intellectual property rights, payment terms, and revision processes. The document is particularly valuable in preventing misunderstandings and disputes by clearly outlining expectations, responsibilities, and rights of all parties involved in the design project.

What sections should be included in a Graphic Design Contract?

1. Parties: Identification of the graphic designer and the client, including full legal names, business details, and contact information

2. Background: Context of the agreement and general purpose of engaging the graphic design services

3. Definitions: Key terms used throughout the agreement including 'Deliverables', 'Project', 'Materials', 'Intellectual Property', etc.

4. Scope of Services: Detailed description of the graphic design services to be provided

5. Project Timeline: Key milestones, delivery dates, and overall project duration

6. Payment Terms: Fee structure, payment schedule, expenses, and invoicing details

7. Intellectual Property Rights: Ownership and licensing of designs, transfer of rights, and usage permissions

8. Revision and Approval Process: Number of allowed revisions, approval procedures, and feedback timeline

9. Client Obligations: Client responsibilities including providing content, feedback, and approvals

10. Confidentiality: Protection of confidential information and trade secrets

11. Termination: Conditions for ending the agreement and consequences of termination

12. General Provisions: Standard legal clauses including governing law, dispute resolution, and entire agreement

What sections are optional to include in a Graphic Design Contract?

1. Portfolio Rights: Designer's right to use completed work in their portfolio - useful when the client hasn't already agreed to this

2. Third-Party Materials: Handling of stock images, fonts, or other licensed materials - include when project requires third-party assets

3. Subcontracting: Terms for engaging other professionals - include when designer may need to subcontract work

4. Non-Compete: Restrictions on working with competing clients - include when dealing with sensitive industries or unique designs

5. Insurance: Professional indemnity and liability insurance requirements - include for high-value or high-risk projects

6. Source Files: Terms for handling and transferring working files - include when client may need source files

7. Rush Fees: Additional charges for expedited work - include when fast turnaround might be needed

8. Multiple Brands/Entities: Terms for designs used across multiple brands - include when client has multiple business entities

What schedules should be included in a Graphic Design Contract?

1. Schedule 1: Project Specifications: Detailed description of deliverables, including size, format, and technical specifications

2. Schedule 2: Fee Schedule: Breakdown of costs, hourly rates, and payment milestones

3. Schedule 3: Project Timeline: Detailed project schedule with specific deadlines and milestones

4. Schedule 4: Brand Guidelines: Client's existing brand guidelines or style requirements

5. Appendix A: Sample Designs: Reference designs or examples agreed upon during preliminary discussions

6. Appendix B: Client Materials: List of materials to be provided by the client

7. Appendix C: Software and File Formats: Specific technical requirements and file delivery formats

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions






























Clauses

































Relevant Industries

Creative and Design

Advertising

Marketing

Media and Entertainment

Publishing

Technology

Retail

Professional Services

Education

Non-Profit

Real Estate

Healthcare

Hospitality

E-commerce

Financial Services

Relevant Teams

Legal

Creative

Design

Marketing

Procurement

Operations

Brand Management

Communications

Project Management

Business Development

Client Services

Production

Relevant Roles

Graphic Designer

Creative Director

Art Director

Brand Manager

Marketing Manager

Business Owner

Project Manager

Design Coordinator

Production Manager

Account Manager

Freelance Designer

Design Consultant

Marketing Director

Communications Manager

Procurement Manager

Legal Counsel

Contract Administrator

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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