Graphic Design Independent Contractor Agreement for the United States

Graphic Design Independent Contractor Agreement Template for United States

A legally binding agreement governed by U.S. law that establishes a professional relationship between a client and an independent graphic designer. This contract defines the scope of design services, payment terms, intellectual property rights, and the independent contractor status of the relationship. It includes provisions for project deliverables, timelines, revision processes, and termination conditions while ensuring compliance with federal and state labor laws.

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What is a Graphic Design Independent Contractor Agreement?

The Graphic Design Independent Contractor Agreement is essential for businesses and individuals engaging freelance design professionals in the United States. This document protects both parties by clearly defining the scope of work, payment terms, and ownership of creative assets while maintaining proper independent contractor classification under federal and state laws. It's particularly important in today's gig economy where remote work and freelance arrangements are common, and intellectual property rights need careful consideration.

What sections should be included in a Graphic Design Independent Contractor Agreement?

1. Parties: Identifies and defines the contracting parties - the client and the graphic designer

2. Background: Brief context of the agreement and the parties' intentions

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of the graphic design services to be provided

5. Term and Termination: Duration of the agreement and conditions for ending it

6. Compensation: Payment terms, rates, and invoicing procedures

7. Intellectual Property Rights: Ownership and transfer of rights in the work product

8. Independent Contractor Status: Clarification of the relationship between parties

What sections are optional to include in a Graphic Design Independent Contractor Agreement?

1. Non-Compete: Restrictions on working with competitors (use when protecting market position is crucial)

2. Non-Solicitation: Prevents poaching of clients or employees (use for contractors with access to client relationships)

3. Insurance Requirements: Required insurance coverage (use for high-value or high-risk projects)

4. Portfolio Rights: Right to use work in personal portfolio (use when designer wants to showcase work)

What schedules should be included in a Graphic Design Independent Contractor Agreement?

1. Schedule A - Project Specifications: Detailed breakdown of deliverables and timelines

2. Schedule B - Fee Schedule: Detailed breakdown of rates and payment terms

3. Schedule C - Client Brand Guidelines: Client's branding requirements and specifications

4. Schedule D - Approved Software/Tools: List of approved design tools and software

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Clauses
Industries

Internal Revenue Code (IRC): Federal tax law governing the classification of independent contractors vs. employees, ensuring proper tax treatment and compliance

Fair Labor Standards Act (FLSA): Federal law establishing standards for employment relationships, important for properly distinguishing independent contractors from employees

Federal Insurance Contributions Act (FICA): Federal law relating to Social Security and Medicare taxes, relevant for independent contractor self-employment tax obligations

Copyright Act of 1976: Federal law protecting original works of authorship, crucial for establishing ownership and transfer of graphic design works

Digital Millennium Copyright Act (DMCA): Federal law addressing digital copyright issues, relevant for online and digital graphic design work

Lanham Act: Federal trademark law that may affect graphic design work involving logos, branding, and trademark-related designs

State Labor Laws: Various state-specific regulations governing independent contractor relationships and employment classifications

State Intellectual Property Laws: State-specific regulations that may provide additional protection for intellectual property rights

State Contract Laws: State-specific requirements for contract formation, enforcement, and interpretation

Common Law Contract Principles: Fundamental legal principles governing contract formation, including offer, acceptance, consideration, and capacity

Uniform Commercial Code (UCC): Standardized business laws adopted by states, providing guidelines for commercial transactions

State Data Privacy Laws: State-specific regulations governing the handling and protection of personal and business data

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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