How do you reduce risks and liabilities when creating graphic design contracts?

1 Define the scope

The scope of your contract should clearly state what you are going to deliver, how you are going to deliver it, and when you are going to deliver it. It should also specify the number of revisions, feedback, and approvals that are included in your fee. This way, you can avoid scope creep, which is when the client asks for more work than what was agreed upon, or changes the requirements mid-project. By defining the scope, you can also avoid confusion and miscommunication, and ensure that both parties are on the same page.

2 Specify the payment

The payment section of your contract should outline how much you are going to charge, how you are going to invoice, and when you are going to get paid. It should also include any deposits, retainers, or late fees that apply. This way, you can protect your cash flow, avoid non-payment, and enforce your payment terms. You should also state what happens if the project is canceled, delayed, or terminated by either party, and how you will handle refunds or disputes.

3 Include the ownership

The ownership section of your contract should state who owns the rights to the work that you create, and how they can use it. It should also state whether you can use the work for your portfolio, marketing, or other purposes. This way, you can protect your intellectual property, avoid copyright infringement, and comply with the law. You should also state whether you need to credit or acknowledge any third-party sources, such as fonts, images, or software, that you use in your work.

4 Limit the liability

The liability section of your contract should state the extent of your responsibility for the quality and accuracy of your work, and how you will handle any errors or defects. It should also state the extent of your liability for any damages or losses that may arise from your work, and how you will indemnify yourself from any claims or lawsuits. This way, you can limit your exposure to risk, avoid costly litigation, and protect your reputation. You should also state whether you have any insurance or warranties that cover your work.

5 Add the signature

The signature section of your contract should state the names and contact details of both parties, and provide a space for them to sign and date the document. It should also state that the contract is legally binding, and that it supersedes any previous agreements or communications. This way, you can formalize your relationship, validate your contract, and enforce your rights. You should also state whether you need to attach any supporting documents, such as proposals, quotes, or briefs, to your contract.

6 Review the contract

Before you send or sign your contract, you should review it carefully and make sure that it covers all the essential aspects of your project, and that it is clear, concise, and consistent. You should also check for any errors, typos, or ambiguities, and correct them as needed. You may want to consult a lawyer or a professional contract template to ensure that your contract is legally sound and compliant with your local laws and regulations. You should also ask your client to review the contract and confirm that they agree with it, and that they have no questions or concerns.

7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?