This Graphic Design Retainer Contract is designed for use in New Zealand business contexts where ongoing graphic design services are required on a regular basis. It is particularly suitable for situations where a client needs consistent access to design services without the commitment of full-time employment. The contract addresses key aspects including service scope, intellectual property rights under New Zealand law, payment terms, and service delivery standards. It provides a framework for sustainable long-term collaboration while ensuring compliance with New Zealand commercial law, copyright legislation, and fair trading requirements. This document is essential for businesses seeking to establish reliable access to design services while maintaining flexibility in their creative resource allocation.
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1. Parties: Identification of the graphic designer/design company and the client, including full legal names and contact details
2. Background: Context of the agreement and brief overview of the retainer relationship
3. Definitions: Key terms used throughout the agreement, including technical design terms and retainer-specific terminology
4. Services: Detailed description of the core graphic design services covered under the retainer
5. Term and Renewal: Duration of the retainer agreement and conditions for renewal
6. Fees and Payment: Monthly retainer fee, payment terms, and billing procedures
7. Service Delivery: Turnaround times, revision processes, and project management procedures
8. Intellectual Property: Ownership and licensing of design works, including transfer of rights upon payment
9. Client Obligations: Client responsibilities including providing briefs, feedback, and materials
10. Confidentiality: Protection of confidential information for both parties
11. Termination: Conditions and process for ending the retainer relationship
12. General Provisions: Standard legal clauses including governing law, dispute resolution, and entire agreement
1. Non-Compete: Restrictions on working with competing clients - include when exclusivity is required
2. Performance Metrics: Specific KPIs and quality standards - include for larger corporate clients
3. Rush Services: Terms for expedited work requests - include when offering premium urgent services
4. Team Assignment: Details of specific team members assigned - include for larger agencies with multiple designers
5. Third-Party Costs: Handling of external costs like stock photos or fonts - include when regularly using third-party resources
6. International Usage: Terms for international use of designs - include when working with global clients
7. Social Media Rights: Specific terms for social media content - include when social media design is a key component
8. Brand Guidelines Compliance: Specific obligations regarding client's brand standards - include for established brands
1. Schedule 1: Service Level Agreement: Detailed breakdown of service levels, response times, and deliverable specifications
2. Schedule 2: Fee Schedule: Detailed pricing structure including hourly rates for work outside retainer scope
3. Schedule 3: Brand Guidelines: Client's brand guidelines and design specifications
4. Schedule 4: Project Brief Template: Standard template for submitting design requests under the retainer
5. Schedule 5: Approval Process: Detailed workflow for design approval and revision processes
6. Appendix A: Portfolio Rights: Specific terms for the designer's use of work in their portfolio
7. Appendix B: Software and Tools: List of design software and tools to be used in service delivery
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