As an online business owner, one of the first investments that you’ll often make is for your brand or website (or both!). Once you have an established business idea, the next thing that many want to create is a solid brand that provides a cohesive look and feel for their audience, including branded colors, logos, etc.
With that often comes the desire for an aesthetically pleasing website that your audience can browse to read your content, book your services, or simply get to know you better.
Most of the time, this is a big investment for business owners and it can even be something that you keep investing in as your business grows. You may eventually want to rebrand or redesign your website depending on how your business evolves. After all, it’s totallyyyyy normal for your style to change and for you to want your brand to reflect that.
As someone who has personally been through many iterations of her brand and continues to invest and outsource for this part of the business, I’ve found that before doing so it’s important to make sure that you’re working with designers who understand the importance of a well-crafted legal agreement.
The biggest red flag when deciding to work with ANYONE is if they don’t have a contract, but even if they DO have a contract, you’ll want to look for a few specific clauses to ensure that both parties are on the same page and protected in various instances.
Whether you're a designer or a client, understanding and including key clauses in your contract can prevent misunderstandings, set clear expectations, and provide a solid foundation for a successful collaboration.
In this blog post, I’m sharing 4 of the most crucial clauses that every brand or web design agreement should contain to protect your rights, outline project scope, manage timelines, and address payment terms.
The 4 Most Crucial Clauses To Include In Your Brand or Web Design Contract
Creative Control
As a client that’s hiring brand and web designers, one of the biggest things that I’ve personally learned is that a designer's style or aesthetic should 100% match the vibe of my own style or aesthetic that I wish to showcase in my brand.
And a portion of figuring that out is on me!
Just like you aren’t made to work with everyone, designers aren’t meant to design for everyone – they all have their own unique style, aesthetic, vibe, and personality and you want to make sure that you’re choosing to work with someone who is 100% aligned with you!
From a designer's perspective, this is where you want to make sure you have a Creative Control clause in your contract where the client is acknowledging they've reviewed your body of work and understand that it is representative of your work product.
Essentially, this clause defines the boundaries of the designer's decision-making power and ensures that their creative vision aligns with the client's expectations. Including a clear creative control clause helps to manage revisions, maintain design integrity, and minimize potential conflicts by specifying who has the final say in creative decisions.
Statement of Work (Including Project Scope)
Next up, you’ll want to ensure that there’s a very clear statement of work in place that includes a project scope so that as a client you know exactly what to expect as far as a project timeline goes.
I’ve personally worked with a few different designers over the years and have unfortunately experienced timelines not being met. When this happens, it’s such a disappointing experience and although I of course understand that this type of work can be lengthy and take longer than expected, as a paying client you of course have certain expectations.
This is why from a designer perspective you want to include a specific Statement of Work that includes your project scope so that your clients are always aware of your timelines and can have a general idea of when they can expect their deliverables.
Overall, a well-defined Statement of Work in your brand or web design contract, will ensure that both parties have a clear understanding of their respective roles, responsibilities and expectations.
Additionally, as a designer, it’s important to keep the line of communication open and update your clients as much as possible throughout the project so that in case your timeline changes, they are made aware and aren’t caught off guard!
Intellectual Property Rights
When you invest in brand or web design as a client, you often receive a lot of deliverables – things like your logo, social media graphics, web design files, branded imagery, etc.
In instances like this, people often wonder who owns the rights of the creative materials? And it’s a good question!
The answer? It depends.
Intellectual Property (IP) rights address the ownership and usage rights of the creative materials produced during the project. This clause specifies whether the designer retains ownership of the IP or transfers it to the client upon project completion.
It also outlines how the client can use the designs and any limitations on their use. The specific IP clause can vary from designer to designer, which is why as a client, it's important to read the contract in its entirety and make sure you clearly understand what you’re getting into.
Overall, clear IP rights help protect the designer's original work while granting the client the necessary rights to use the final deliverables as intended!
Copyright Ownership
Similar to IP rights, copyright ownership defines who legally owns the copyrights to the creative works produced in the project.
This clause ensures that there is a clear agreement on the transfer or retention of copyrights, protecting both the designer's and the client's interests. Additionally, it specifies whether the copyrights are transferred to the client upon payment or remain with the designer, providing clarity on the usage and reproduction of the creative works.
Ultimately, properly addressing copyright ownership helps prevent legal disputes (in which nobody has time for!) and ensures both parties understand their rights and obligations.
Plug-and-Play Contracts For Brand and Website Designers
Overall, having a clear and concise Brand and Web Design Agreement is crucial – both from the designer side AND the client side.
Including these four clauses not only protects your rights and interests, but also provides clarity and set expectations for both parties.
By taking the time to draft a thorough and well-defined contract, you lay the groundwork for smooth and productive collaborations, ensuring that your brand or web design projects are always met with satisfaction!
And if you don’t want to draft an agreement like this yourself? GOOD NEWS! You don’t have to. 🎉
I’ve done the legal work for you and designed a plug-and-play contract for brand and web designers that includes the 4 clauses mentioned above PLUS way more.
➡️ Web Design Services Agreement
Here’s to starting every working relationship off on the right foot and keeping happy clients along the way!
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If we haven’t had the chance to *virtually* meet yet, hey I’m Amber – not a regular lawyer, but a cool lawyer that helps online business owners sell without getting sued.
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