The Designer Contractor Agreement is essential for businesses engaging independent design professionals in Australia. This agreement is specifically crafted to address the unique aspects of design services while maintaining compliance with Australian contractor legislation, particularly the Independent Contractors Act 2006 and relevant tax laws. It is suitable for various design disciplines including graphic design, web design, industrial design, and interior design. The agreement includes comprehensive provisions for intellectual property rights, project deliverables, quality standards, and payment terms while clearly establishing the contractor's independent status. It helps prevent potential disputes by clearly defining expectations, responsibilities, and project parameters upfront.
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1. Parties: Identifies the contracting parties - the business/client and the designer contractor
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Engagement and Term: Specifies the nature of engagement, term, and any renewal provisions
5. Services: Details the design services to be provided and service standards
6. Designer's Obligations: Outlines the designer's key responsibilities, including quality standards and timelines
7. Client's Obligations: Specifies the client's responsibilities, including provision of materials and feedback
8. Fees and Payment: Details the fee structure, payment terms, and expenses
9. Intellectual Property: Addresses ownership and licensing of designs and other intellectual property
10. Confidentiality: Protects confidential information of both parties
11. Independent Contractor Relationship: Clearly establishes the contractor status and independence from employment
12. Insurance and Liability: Specifies required insurance coverage and liability limitations
13. Termination: Sets out circumstances and process for ending the agreement
14. General Provisions: Includes standard boilerplate clauses such as governing law and dispute resolution
1. Non-Compete: Restricts the designer from working with competitors - only include if specifically required and ensure compliance with competition law
2. Project Management: Include when the designer will be managing other contractors or complex projects
3. Equipment and Resources: Include when specific equipment or software is required and clarify who provides it
4. Performance Metrics: Include when specific KPIs or performance standards need to be met
5. Client Branding Requirements: Include when the designer must comply with specific brand guidelines
6. International Work: Include when services will be provided across multiple jurisdictions
7. Moral Rights: Include detailed moral rights clauses for creative works when relevant
8. Data Protection: Include when the designer will handle personal or sensitive data
1. Schedule 1 - Services Description: Detailed scope of design services and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3 - Project Timeline: Key dates, milestones, and delivery schedule
4. Schedule 4 - Brand Guidelines: Client's branding requirements and style guides
5. Schedule 5 - Technical Requirements: Software, file formats, and technical specifications
6. Appendix A - Insurance Requirements: Detailed insurance coverage requirements
7. Appendix B - Approved Subcontractors: List of pre-approved subcontractors if applicable
Relevant legal definitions
Agreement
Background IP
Business Day
Client
Client Materials
Commencement Date
Confidential Information
Conflict of Interest
Deliverables
Design Assets
Design Services
Designer
Expenses
Fees
Final Designs
Force Majeure Event
GST
Intellectual Property Rights
Moral Rights
New IP
Preliminary Designs
Project
Project Brief
Project Timeline
Representatives
Services
Source Files
Specifications
Style Guide
Subcontractor
Term
Third Party Materials
Work in Progress
Background IP
Business Day
Client
Client Materials
Commencement Date
Confidential Information
Conflict of Interest
Deliverables
Design Assets
Design Services
Designer
Expenses
Fees
Final Designs
Force Majeure Event
GST
Intellectual Property Rights
Moral Rights
New IP
Preliminary Designs
Project
Project Brief
Project Timeline
Representatives
Services
Source Files
Specifications
Style Guide
Subcontractor
Term
Third Party Materials
Work in Progress
Clauses
Services
Term
Payment
Intellectual Property
Confidentiality
Independent Contractor Status
Performance Standards
Deliverables
Amendments
Assignment
Client Obligations
Contractor Obligations
Dispute Resolution
Equipment and Resources
Expenses
Force Majeure
Governing Law
GST
Indemnification
Insurance
Liability
Non-Compete
Non-Solicitation
Notice
Project Management
Quality Standards
Record Keeping
Relationship of Parties
Subcontracting
Termination
Variations
Warranties
Work Health and Safety
Term
Payment
Intellectual Property
Confidentiality
Independent Contractor Status
Performance Standards
Deliverables
Amendments
Assignment
Client Obligations
Contractor Obligations
Dispute Resolution
Equipment and Resources
Expenses
Force Majeure
Governing Law
GST
Indemnification
Insurance
Liability
Non-Compete
Non-Solicitation
Notice
Project Management
Quality Standards
Record Keeping
Relationship of Parties
Subcontracting
Termination
Variations
Warranties
Work Health and Safety
Relevant Industries
Creative Industries
Technology
Marketing and Advertising
Fashion and Retail
Architecture and Interior Design
Manufacturing
Digital Media
Entertainment
Publishing
E-commerce
Professional Services
Construction
Education
Healthcare
Relevant Teams
Legal
Human Resources
Procurement
Creative Services
Marketing
Operations
Product Development
Brand Management
Digital
Innovation
Relevant Roles
Graphic Designer
Web Designer
UX/UI Designer
Interior Designer
Industrial Designer
Product Designer
Fashion Designer
Brand Designer
Motion Graphics Designer
Art Director
Creative Director
Design Manager
Digital Designer
Print Designer
Packaging Designer
Architectural Designer
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