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Design Retainer Contract Template for Australia

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Key Requirements PROMPT example:

Design Retainer Contract

"I need a Design Retainer Contract for my Melbourne-based graphic design agency to provide ongoing branding and marketing design services to a medium-sized retail chain, with a monthly retainer of AUD 8,000 starting March 2025, including provisions for rush jobs and after-hours support."

Document background
The Design Retainer Contract is essential for businesses and designers establishing long-term professional relationships in the Australian market. This document is particularly valuable when clients require regular access to design services without the need for separate contract negotiations for each project. It comprehensively addresses key aspects including service scope, intellectual property rights, payment terms, and performance standards, all aligned with Australian legal requirements. The contract is structured to comply with Australian Consumer Law, the Copyright Act 1968, and other relevant legislation, making it suitable for both commercial and professional service contexts. It's commonly used by design agencies, individual designers, and companies requiring ongoing design support, providing clarity and protection for all parties involved in the retainer arrangement.
Suggested Sections

1. Parties: Identifies and provides full details of the contracting parties - the design service provider and the client

2. Background: Outlines the context of the agreement and the parties' intentions to enter into a retainer arrangement

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Scope of Services: Details the design services covered under the retainer arrangement

5. Term and Renewal: Specifies the duration of the retainer agreement and renewal provisions

6. Retainer Fee and Payment Terms: Outlines the monthly/periodic retainer fee, payment schedule, and additional costs

7. Service Delivery: Describes how services will be requested, delivered, and managed under the retainer

8. Intellectual Property Rights: Addresses ownership and usage rights of designs and creative works

9. Confidentiality: Outlines obligations regarding confidential information

10. Warranties and Representations: States the guarantees and commitments made by both parties

11. Limitation of Liability: Sets out the extent and limitations of each party's liability

12. Termination: Specifies conditions and process for ending the agreement

13. General Provisions: Includes standard legal clauses such as governing law, notices, and assignment

Optional Sections

1. Non-Compete: Optional clause restricting the designer from working with competing clients, used when handling sensitive or competitive projects

2. Service Level Agreement: Detailed performance metrics and response times, used for more complex retainer arrangements

3. Change Management: Process for handling changes to scope or services, important for flexible retainer arrangements

4. Insurance Requirements: Specific insurance obligations, important for high-value or high-risk design projects

5. Dispute Resolution: Detailed procedure for handling disputes, recommended for high-value contracts

6. Sub-contracting: Terms for engaging sub-contractors, used when the designer may need to delegate work

7. Client Obligations: Detailed client responsibilities, important when significant client input or resources are required

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of included design services and deliverables

2. Schedule 2 - Fee Schedule: Comprehensive breakdown of retainer fees, hourly rates, and additional charges

3. Schedule 3 - Service Level Requirements: Specific performance metrics, response times, and quality standards

4. Schedule 4 - Approved Personnel: List of key personnel authorized to work on the project

5. Appendix A - Client Brief Template: Standard format for clients to submit design requests

6. Appendix B - Change Request Form: Template for requesting changes to agreed services or deliverables

7. Appendix C - Project Acceptance Form: Template for client sign-off on completed design work

Authors

Alex Denne

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

Relevant legal definitions







































Clauses








































Relevant Industries

Creative Industries

Marketing and Advertising

Technology

Retail

Real Estate

Construction

Manufacturing

Fashion and Apparel

Entertainment

Education

Professional Services

Healthcare

Hospitality

E-commerce

Publishing

Relevant Teams

Legal

Design

Creative

Marketing

Operations

Procurement

Business Development

Finance

Client Services

Product Development

Brand Management

Relevant Roles

Creative Director

Design Manager

Graphic Designer

UI/UX Designer

Art Director

Brand Manager

Marketing Manager

Product Manager

Operations Director

Chief Creative Officer

Project Manager

Legal Counsel

Contract Manager

Procurement Manager

Business Development Manager

Account Manager

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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