Contracts and Legal Issues

As a designer, I believe it is very important to have a contract for any creative service provided to a client. It not only protects the designer, but it protects the client as well. I believe contracts are important because they put in writing what the designer and the client have discussed about a project. Once the contract is read and signed by both parties there’s no room for manipulation on either end. Contracts should include the following: The deliverables of the project such as what stages of a project are due and when, estimated costs, payment schedules, guidelines for reproduction of work, rejection or cancellation of project guidelines, completion/delivery of project, and an acceptance of agreement. Of course, more may be added if needed.

I also believe it is necessary to hire an attorney. They are the ones who can help make a sound contract and help get the designer out of any legal issues that may happen to arise with a client. It would be foolish not to have one. By hiring an attorney and creating a contract a designer can help protect themselves from non-payment issues. In the contract they can state that there will be a “kill fee” if the client decides to cancel or back out for any reason. A kill fee is a negotiated payment given to the designer if the project is "killed" or cancelled. That way the designer is compensated for the time, labor, and materials put into the project to that point.

A way a designer can prepare themselves for running their own business is to take business classes before they begin their business. This will give them a heads up on what to expect. Other ways a designer can better prepare include the above. Having an attorney and a contract in place for every project are very sound ways to protect a designer from legal issues. They are two musts every designer should have.