How to Protect Your Brand Design Business From Scope Creep and Unpaid Invoices

How to Protect Your Brand Design Business From Scope Creep and Unpaid Invoices

As a brand designer, name something better than when you see that Honeybook email that says “New Inquiry Added.” It’s one of the best feelings as any service provider, but nothing zaps that excitement faster than that inquiry becoming a client that has endless revision requests, falls into major scope creep, and is one of those people that you have to chase down for unpaid invoices. 

UGH! It’s like yes, you want new clients so you can live out your creative dream, but also those types of things almost make it not worth it. 

Now, sometimes this is just the name of the business game. You’re of course going to have bad apple clients and you have to take them for what they are. But what you DON’T want is for these types of clients to become the norm. 

Because your time is worth so much more than that and you deserve to have clients who respect you and your business rules. 

So how can you ensure that you’re attracting and signing clients who DO respect you? Well, it’s actually more simple than you might think. 

It doesn't include some fancy new marketing strategy or becoming some rigid person that people are afraid to inquire with… it simply starts with having the right contracts in place. 

And I know what you might be thinking… “Really?? Contracts??”

Yes, girl! Contracts. You know those professional legal things that you’ve heard people say you need, but you’ve yet to actually take the time to implement them.

Having the right contracts in place really can be the thing that saves your sanity during client projects, so in this blog post I’m talking to the brand and web designers specifically. 

Keep reading to discover the exact contracts you need to protect both you and your client while helping to ensure a positive professional relationship!

The 3 Essential Contracts Every Brand Designer Needs

1. Brand Designer Services Agreement + Statement of Work

When it comes to scope creep and unpaid invoices specifically, there’s ONE all inclusive agreement that’s going to be your bestie. 

And that’s a Brand Designer Services Agreement that includes a Statement of Work. 

It’s kind of like when you go to an all inclusive resort and from the moment you walk in, everyyyythingggg is already taken care of. You don’t have to swipe your credit card even once when you’re on the property. 

The drinks, the food, the room service, the cabanas, the amenities, and sometimes even the excursions. All taken care of for you with your all inclusive option!

That’s how this legal agreement works. 

But what exactly do those words “services agreement” and “statement of work” mean? It’s giving Legal Barbie and *you* are Brand and Web Designer Barbie, SO let me break it down:

Brand Designer Services Agreement is just a fancy way of saying your primary contract that you use with clients. It lays out the terms and conditions of your working relationship, ensuring that both parties are aligned on expectations, responsibilities, and deliverables.

And the Statement of Work is what provides EVEN MORE clarity by specifying the details of a particular project.

So, your services agreement will stay the same for every client, but your Statement of Work (SOW) can change based on the project at hand, the timeline for the project, what the project includes, etc. 

Soooooo, why exactly do you need both of these things?

Well, without a detailed Services Agreement and SOW, you risk misunderstandings, misaligned expectations, and unpaid work – all things that I’m going to assume you don’t have time for and don’t want to deal with. I meannn, who does?!

When you implement both of these in your business, a few of the main things you’re establishing include:

  • Scope of Work – the part of your contract that clearly defines what’s included in the project and what *IS NOT.* Emphasis on the not. You never want a client to assume that something is included when it’s not something that you include in your packages! Put it alllll in writing, no matter how overboard it might feel, so there’s no confusion. 

  • Payment Terms – this is where we’re making sure you get PAID and you get paid on time! In this section, you’ll want to specify your pricing structure, deposit requirements, and payment deadlines, as well as your terms for late payments 

  • Revisions Policy – as a brand and web designer, you’ve probably seen that meme that’s like “RevisedFinalVersion4” and there’s a chance it’s hit too close to home. Of course some revisions are to be expected, but it shouldn’t be something that’s never ending. The best way to avoid this is to simply create a policy for it and set your limits! 

  • Intellectual Property Rights – when you’re doing any kind of creative work as a service provider, it’s important that you clarify who owns the final designs and under what conditions the client can use them. For example, you might retain ownership until the client has paid in full. Determine what your rules are and make sure they’re clearly spelled out!

Overall, this agreement ensures you’re paid for your work and sets boundaries around your time and deliverables so that if a client tries to expand the project scope without additional payment, you can refer to the SOW to keep things on track!

So that covers things with your client relationships, but what about other legal agreements needed in your business?

A lot of times people recognize that they need client contracts, but they forget about other important agreements that protect them as a business owner directly! Which brings me to the 2 additional contracts that every brand and web designer needs. 

2. Website Privacy Policy

If I told you that you could be fined up to $7,500 PER visitor to your website for failing to have one particular legal agreement in place, you’d probably fix it real fast, wouldn’t you?

I sure hope so!

Well, that’s a legitimate thing and the thing that can fix it is simply having a Website Privacy Policy.

A Website Privacy Policy is a legal document that explains how you collect, use, and store data from visitors to your website. Basically, if you’re collecting contact information, analytics data, or payment details, this policy is a must-have!

For example, if you have an email list opt in form, a freebie download, or anything similar, you’ve gotta have this one. 

Why? Privacy laws like the GDPR (General Data Protection Regulation) in Europe and the CCPA (California Consumer Privacy Act) in the U.S. require businesses to disclose how they handle personal data.

Even if your clients aren’t in these regions, having a Privacy Policy builds trust with website visitors and demonstrates professionalism.

Overall, a Privacy Policy ensures you comply with legal requirements and protects you from potential fines or lawsuits. It also gives clients confidence that their data is handled responsibly, which can set you apart from competitors who overlook this important step!

3. Website Terms of Use

Did you know that you can actually tell people how they’re allowed to interact and use your website? Just because it’s something on the internet for anyone to see, it doesn’t mean they can just use it however they want. 

The way that you implement your “rules” is by having a Website Terms of Use that covers intellectual property rights, acceptable use policies, and disclaimers of liability.

For example, you probably aren’t cool with someone copying your content right? And you probably wouldn’t approve of them downloading your images and using them as their own? 

Yeah, I didn't think so. 

Your Website Terms of Use is THE thing that protects you against all of those things and more. Overall, your Terms of Use reduces your legal risk and provides a framework for resolving issues that may arise from your website interactions. 

The Ultimate Brand Designer Legal Agreement Bundle

As Legal Barbie, I want nothing more than for you to live out all of your fun, creative dreams as Brand and Web Designer Barbie. 

And the way that can happen is by implementing the right contracts right from the start!

With the Brand Designer bundle, you don’t have to spend hours googling what to do or what to implement – you can simply download all three of the legal agreement templates mentioned above, customize the sections to fit your specific brand and trust that you’re in compliance right from the start!

Don’t wait until you encounter a problem – CLICK HERE to grab the bundle to start protecting your business TODAY so you can stay fully focused on doing the creative work you love!

Final Thoughts

Contracts might not be the most glamorous part of running a brand design business, but they are essential for protecting your work, your time, and your reputation. A Brand Designer Services Agreement paired with a Statement of Work ensures you and your clients are aligned from the start. A Website Privacy Policy and Website Terms of Use provide the legal foundation you need to operate online with confidence.

If you don’t have these agreements in place, now is the time to act. My Brand Designer Agreement Bundle includes everything you need to legally and professionally work with design and branding clients. 

Don’t wait until you encounter a problem—protect your business today and focus on doing the creative work you love.