GRAPHIC DESIGNER'S INVOICE (Front)

Appendix: Contracts & Forms

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appendix: contracts & forms

356

GRAPHIC DESIGNER’S INVOICE (Front) [Designer’s Letterhead]

Remove all language in italics before using this form.

Date

Commissioned by

Assignment Number

Invoice Number

Client’s Purchase Order Number

RIGHTS GRANTED (Check one box only):

Usage Rights Granted

Title or Product [name]

Category or Use [advertising, corporate, promotional, editorial, etc.]

Medium of Use [consumer or trade magazine, annual report, TV, book, website, online publications, device apps, etc.]

Edition (if book) [hardcover, mass-market paperback, quality paperback, e-book, etc.]

Geographic Area [if applicable]

Time Period [if applicable]

ASSIGNMENT DESCRIPTION

FEE PAYMENT SCHEDULE

ITEMIZED EXPENSES (OTHER BILLABLE EXPENSES)

Illustration

Printing [if brokered by Designer]

Photography

Client’s Alterations

Models & Props

Toll Telephone Calls

Materials & Supplies

Transportation & Travel

Messengers

Shipping & Insurance

Copies

Other Expenses

SUBTOTAL

SALES TAX

TOTAL

Any usage rights not exclusively transferred are reserved to the Designer. Usage beyond that granted to the Client herein shall require payment of an additional fee in the amount of

Designer's standard licensing fee for such usage, subject to all terms. Any grant of right is conditional upon receipt of full payment. Upon receipt of full payment, Designer shall

deliver digital files necessary to enable Client’s usage rights granted herein. Designer retains the rights to display all work created by Designer for this Project, including preliminary

designs and final Deliverables, in Designer’s portfolios, including in print and online, and to submit such work to design periodicals and competitions.

Ownership Transferred

Upon Designer’s receipt of all payments due, Designer hereby assigns to Client all rights, title and interest, including copyright, in and to the ﬁnal Deliverables and, if requested,

Designer shall provide digital ﬁles comprising the Deliverables. Designer retains all rights, including copyrights, in and to preliminary sketches and alternative designs not selected by

Client. Designer retains the rights to display all work created by Designer for this Project, including preliminary designs and ﬁnal Deliverables, in Designer’s portfolios, including in

print and online, and to submit such work to design periodicals and competitions.

Graphic Artists Guild Handbook: Pricing & Ethical Guidelines, 16th Edition

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Graphic Artists Guild Handbook: Pricing & Ethical Guidelines, 15th Edition

appendix: contracts & forms

357

GRAPHIC DESIGNER’S INVOICE (Back)

1. Time for Payment

All invoices are payable within 30 days of receipt. A 1 1/2% monthly service

charge is payable on all overdue balances. The grant of any license or right of

2. Default in Payment

The Client shall assume responsibility for all collection of legal fees neces-

sitated by default in payment.

3. Expenses

The Client shall reimburse the Designer for all expenses arising from this

assignment, including the payment of any sales taxes due on this assignment.

4. Changes

The Client shall be responsible for making additional payments for changes

requested by the Client beyond the original assignment. However, no ad-

ditional payment shall be made for changes required to conform to the

original assignment description. The Client shall offer the Designer the ﬁrst

opportunity to make any changes.

5. Cancellation

In the event of cancellation of this assignment, ownership of all copyrights

and the original artwork shall be retained by the Designer, and a cancellation

fee for work completed, based on the contract price and expenses already

incurred, shall be paid by the Client.

6. Ownership of Artwork

The Designer retains ownership of all originals and copies of the artwork,

whether preliminary or ﬁnal, and the Client shall return such artwork, in-

cluding digital media, and shall permanently delete all digital copies thereof,

within 30 days of use unless indicated otherwise below:

7. Credit Lines

The Designer and any other creators shall receive a credit line with any edi-

torial usage. If similar credit lines are to be given with other types of usage,

it must be so indicated here:

8. Releases

The Client shall indemnify the Designer against all claims and expenses,

including reasonable attorney’s fees, due to uses for which no release was

requested in writing or for uses that exceed authority granted by a release.

9. Modiﬁcations

Modiﬁcation of the Agreement must be written, except that the invoice may

include, and the Client shall pay, fees or expenses that were orally authorized

in order to progress promptly with the work.

10. Alterations

Any electronic alteration of artwork or graphic design comprising the De-

signer’s work products (color shift, mirroring, ﬂopping, combination cut

and paste, deletion) is prohibited without the express permission of the De-

signer. The Designer will be given ﬁrst opportunity to make any alterations

required. Unauthorized alterations shall constitute additional use and will

be billed accordingly.

11. Warranty of Originality

The Designer warrants and represents that, to the best of his/her knowledge,

the work assigned hereunder is original and has not been previously pub-

lished, or that consent to use has been obtained consistent with the rights

granted to Client herein; that all work or portions thereof obtained through

the undersigned from third parties is original and that the consent to use

has been obtained consistent with the rights granted to Client herein; that

the Designer has full authority to make this agreement; and that the work

prepared by the Designer does not contain any scandal-ous, libelous, or

unlawful matter. This warranty does not extend to any uses that the Client

or others may make of the Designer’s product that may in-fringe on the

rights of others. Client expressly agrees that it will hold the Designer

harmless for all liability caused by the Client’s unauthorized use of the

Designer’s product to the extent such use infringes on the rights of others.

12. Limitation of Liability

Client agrees that it shall not hold the Designer or his/her agents or em-

ployees liable for any incidental or consequential damages that arise from

the Designer’s failure to perform any aspect of the Project in a timely

manner, regardless of whether such failure was caused by intentional or

negligent acts or omissions of the Designer or a third party. Furthermore,

the Designer disclaims all implied warranties, including the warranty of

merchantability and fitness for a particular purpose. Client shall be re-

sponsible for all compliance with laws or government rules or regulations

applicable to Client’s final product(s).

To the extent the Deliverables include any word, symbol, logo, or other

content used to designate Client as the source of goods or services (“Trade-

marks”), Client shall have sole responsibility for ensuring that Trademarks

do not infringe the rights of third parties, and Client shall indemnify, save,

and hold harmless Designer from any and all damages, liabilities, costs,

losses, or expenses arising out of any claim, demand, or action by a third

party alleging trademark infringement, or arising out of Client’s failure to

obtain trademark clearance or permissions, for use of Trademarks.

The maximum liability of Designer to Client for damages for any

and all causes whatsoever, and Client’s maximum remedy, regardless of

the form of action, shall be limited to an amount equal to the total fees

paid by Client to Designer hereunder. In no event shall Designer be liable

for any indirect, incidental, special, consequential, exemplary, or punitive

damages arising out of or related to the Services, even if Designer has been

advised of the possibility of such damages.

13. Dispute Resolution

Any disputes in excess of $ [maximum limit for small-

claims court] arising out of this Agreement shall be submitted to mediation

in accordance with the rules of

[name of local lawyers for the arts mediation program]. The prevailing party

in any dispute resolved by litigation shall be entitled to recover its attorney's

fees and costs, provided that party initiated or participated in mediation as

set forth herein.

TERMS

Designer’s signature/date Authorized signature/date Client’s name and title

CONSENTED AND AGREED TO: