How do you write essential clauses and terms in a design contract?

2 Payment terms

The payment terms state how much you will charge for your services, how you will invoice the client, and when and how you will receive payment. It should include details such as the total fee, the payment schedule, the deposit or retainer, the late payment policy, and the preferred payment method. The payment terms should also clarify what happens if the client cancels the project, disputes the invoice, or fails to pay on time.

3 Intellectual property rights

The intellectual property rights determine who owns the copyright and trademark of the design work, and how they can use it. It should include details such as the ownership transfer, the license grant, the attribution and credit, and the restrictions and limitations. The intellectual property rights should also address what happens if the design work infringes on someone else's rights, or if the client modifies or misuses the design work.

5 Signature and date

The signature and date confirm that both you and the client agree to the terms and conditions of the contract. It should include details such as the names and titles of the parties, the date and place of signing, and the signatures and initials. The signature and date should also indicate that the contract is binding and enforceable, and that any amendments or modifications must be in writing and signed by both parties.

6 Additional clauses

Depending on the nature and complexity of your project, you may need to add some additional clauses and terms to your design contract. These may include confidentiality and non-disclosure, cancellation and termination, severability and waiver, assignment and subcontracting, and notices and communication. These clauses and terms should be relevant, specific, and consistent with the rest of the contract.