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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."
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
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
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
Creative Industries
Marketing and Advertising
Technology
Retail
Real Estate
Construction
Manufacturing
Fashion and Apparel
Entertainment
Education
Professional Services
Healthcare
Hospitality
E-commerce
Publishing
Legal
Design
Creative
Marketing
Operations
Procurement
Business Development
Finance
Client Services
Product Development
Brand Management
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
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