Contracts for freelance designers
by Sergio Ordonez at 10:56 am on Resources, Freelancing
Time to take care of those legal issues that worry us, i will show the model of a confidentiality contract (plus many other things) for freelance designers. The second one is a contract exclusive for author rights or copyright.
You can use them as templates; you can always add or take the clauses you need for each specific case.
Both contracts are in english; i will now comment a bit of each section.
Independent Contractor Non-Solicitation, Confidentiality and Intellectual Property Agreement: this contract is a bit abusive in some aspects, but we have to assume we dont have a extensive clientele, so we have to agree… i have one signed with a big United States toys company.
INDEPENDENT CONTRACTOR: it clarifies you are an intependent worker (not of the company) and that the company that hires you doesn’t have any responsibilities for the taxes you have to pay.
NON-SOLICITATION: it says you will be good, that you wont take advantage of this situation to hire employees or get clients of the company in your own benefit.
CONFIDENTIALITY AND ACKNOWLEDGEMENT OF OWNERSHIP: it simply says you can’t publish any information of the work you are doing.
GRANT OF RIGHTS: we guarantee that all the designs created for the company are of the company and the have unlimited rights over those designs.
REPRESENTATIONS AND WARRANTIES: it says that the work you are doing is original and that you are a legal worker that fulfills your country law about taxes.
CONSIDERATION: it just says that in case the company doesn’t pay you only have right to charge the normal ammount, you don’t have rights to compensations.
INDEMNIFICATION: if by any reason you cost money to the company you will have to pay it.
CHANGE IN STATUS: it means that if by any reason you get to be part of the company, and the company has to pay taxes in your name, you have to refund it to the company.
ASSIGNMENT: you can’t sub-hire others services without the company’s consent.
REASONABLENESS. ENFORCEMENT, AND INJUNCTIVE RELIEF: it says you agree with the contract clauses and that you wont take legal actions against them.
ENTIRE AGREEMENT: here we sign, put our information and the representative of the company does the same.
Copyright Assignment. This contract is much more simple, it says you give all the right of the design, that you are the creator of that design, and that you can sell it according to the law.