How can you write a commercial design contract that includes all the key elements?

1 Project overview

The first section of your contract should provide a brief overview of the project, including the name and contact details of the designer and the client, the project title and description, the objectives and deliverables, the timeline and milestones, and the estimated cost and payment schedule. This section should also state the purpose and scope of the contract, and any exclusions or limitations that apply.

2 Design process

The next section of your contract should outline the design process that you will follow to complete the project, including the steps, phases, and methods that you will use, the communication channels and frequency that you will maintain, the feedback and approval procedures that you will follow, and the revisions and changes that you will allow. This section should also specify the roles and responsibilities of both parties, and the expectations and standards that they should meet.

3 Intellectual property rights

The third section of your contract should address the intellectual property rights of the design work, including the ownership, transfer, and licensing of the copyright, trademark, or patent rights that may arise from the project. This section should also clarify the usage and attribution rights of both parties, and the restrictions and limitations that apply.

4 Confidentiality and non-disclosure

The fourth section of your contract should cover the confidentiality and non-disclosure obligations of both parties, and the protection of any sensitive or proprietary information that may be shared or accessed during the project. This section should also define the terms and conditions of the confidentiality and non-disclosure agreement, and the consequences and remedies of any breach or violation.

5 Liability and indemnity

The fifth section of your contract should deal with the liability and indemnity issues that may arise from the project, including the warranties and representations that both parties make, the risks and damages that both parties assume, and the indemnification and release clauses that both parties agree to. This section should also state the limitations of liability and the disclaimers of responsibility that apply.

6 Termination and dispute resolution

The final section of your contract should specify the termination and dispute resolution procedures that both parties will follow in case of any problems or conflicts that may occur during or after the project. This section should also indicate the grounds and notice for termination, the effects and obligations of termination, and the arbitration and mediation options for dispute resolution.

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?