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A web design contract is nothing but a service agreement where the service provided is… code production. First, you have to draft the Statement of Work (SOW), which should repeat the content of the proposal, plus everything else that you agreed with the client. The best way to be on time with deliverables is to follow what I call “the rule of every relationship” (couples included): underpromise and overdeliver.
It follows the principles of the “contract killer” philosophy: a document that does not hide the real deal behind legalese and shifts the focus from self-protection to transparency and fairness.
A simple overview of who is hiring who, what they are being hired to do, when and for how much. Your lawyer might not like this contract, but the stats show how popular it is among web designers! If you are more of a graphic designer than a coder, all the stuff above still applies, but you can start from something more focused on the graphic arts, like this Illustration Offer, that will help you retain as many rights as possible while being reasonable.
Another great starting point is this Short Form Design Contract, which protects your right to show the project on your personal portfolio and keep all the sketches and preliminary works that end up not being used.
The next time a client comes to you with a quick job, save yourself time and aggravation by sending them a Short Design Contract to be signed BEFORE you start working.
If you are something more that a one-man design shop, your best bet is probably AIGA’s Standard Agreement for Design Services, which is the closest thing to the industry standard for design contracts. Limited license: client is not allowed to modify any of your work and can only use it for a specific project, plus you are free to license the same deliverables to other clients as well.
You can also consider a lighter version of the AIGA model, like this Design and Development Contract. Many times design contracts take the form of consulting agreements or independent contractor agreements. This clause is from a client-friendly contract for web development projects, that also includes a confidentiality agreement.
If you want to be paid by the hour, this Consulting Agreement template is pretty standard among technology companies. When working for corporate clients, you are often asked to sign another type of contract called “work-for-hire”. Remember that all creative work is covered by copyright immediately upon production (as soon as it’s reduced to a tangible medium of expression, to be precise), and what you are trading with the client are exactly those rights.

Take some time to create your own template agreement, that you can then modify from time to time. Most corporate clients will require a full assignment of works clause, so protect yourself accordingly by conditioning the transfer of rights upon full payment. Disclaimer: This article wants to be useful and informational, but keep in mind it is not legal advice and all the legal documents cited are only to be used as a starting point.
I am looking for a WordPress E-Signature plugin that will collect my Freelance Design contract client signatures. And most importantly, sign it before starting to work!” What you don’t often hear is the answer to, “What do I have to sign, exactly?”. A contract is a pretty important business decision, and you should understand 100% of what you sign. If you are a web designer, this Website & Identity Design Contract is a good starting point. It is worth being detailed here, as you might want to charge for some extra work that comes up later in the project.
Set up an acceptance process and give your client a reasonable amount of time to review what you have done.
The Designer shall use commercially reasonable efforts to test Deliverables before providing them to the Client. The former enables you to retain full rights for those snippets of code or fonts that you incorporate into multiple projects. This sample refers to “Artists” but a version has been made specifically for “Designers” as well.
The doc is basically an abbreviated contract confirming the scope of the job, the schedule, fees to paid and essential terms and conditions. Some won’t want their logos or illustrations used for ads or contest, and some want to be the exclusive owners of what they paid for. It’s a pretty complicated document, and you can find some legal guidance in the PDF version, but the main thing to understand is that this agreement has 3 different variations: one for print, one for web publishing and one for three-dimensional works like product prototypes and installations. This is usually what corporate clients require, but also allows you to ask for a higher price. The “operational” part usually remains the same (SOW, milestones, etc.) but the contract will usually include a IP (intellectual property) assignment provision to make sure that everything you create during the project is automatically assigned to the client. For creative professionals, it is always preferable to have a service agreement where you are able to license your work (or at least separate payment from IP assignment), but some clients will only sign a work-for-hire, such as a this Freelance Writing Agreement or this Work For Hire Agreement for Video Production.

If you use a Master Service Agreement (MSA) separately attached to a SOW, make sure to specify which one prevails in case of contradictory clauses, because it happens more often than you think! The author, DesignModo, Docracy and the original authors of the documents cited disclaim any liability connected to the use of these material without a licensed attorney. We develop WordPress websites so ideally we’d like to have our freelance contracts signed on our own WordPress site (instead of sending our clients somewhere else).
This is particularly important in those cases where your receive a contract from your client. The contract includes a clause for this called “Change Request”, which automatically triggers your standard hourly rate for that extra work not originally included in the SOW. If the project includes XHTML or HTML markup and CSS templates, the Designer will use HTML5 markup and CSS3 for styling. At the end of one project, you will likely assign the ownership of your work to the client, but these tools will be licensed separately, so you can recycle them; you are just giving the client permission to continue using the tools. Use this style of contract for quick jobs or where a full-blown contract would make the client apprehensive. This is very different from the licensing flexibility that we just saw and, particularly when the contract is drafted by the client, leaves room for clauses that are not designer-friendly. You’ll have little control over IP here, but you can definitely negotiate liability disclaimers and portfolio rights.
You want to know if they are making reasonable requests, and not hiding some tricky provisions in the legalese.
The Designer will test the markup and CSS in current versions of Safari, Chrome, Firefox, and Internet Explorer.
The kill fee is a designer’s best friend: if the client cancels the project after you have already started working, you need to be paid a percentage, or at least a fixed cancellation penalty. The Designer will not test websites in older browsers, unless specifically identified in the Statement of Work. The Client shall promptly review all deliverables, and must notify the Designer of any failure to conform to the Statement of Work within 5 business days of receipt. If Designer does not receive a timely notification, the Deliverable will be deemed accepted.

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