Drafting general terms and conditions for a graphic designer: this is what belongs in it

Drafting general terms and conditions for a graphic designer revolves around one central choice: you retain the copyright to the design and grant the client a defined right of use. Around this, you define what constitutes a good briefing, how many revision rounds are included, what you deliver, when you provide source files, and how and when you will be paid. Below, for each section, is what belongs in it and which wording saves designers the most arguments.

The short answer

1. Rights: copyright remains with you, the client receives a right of use with a defined scope.
2. Briefing: you work based on the provided assignment; missing info = reasonable assumptions, change of course = additional work.
3. Revisions: a fixed number of correction rounds included, extra rounds at an hourly rate.
4. Delivery: which exports are standard; source files only by separate agreement.
5. Payment: installment, optional down payment, right of use only after full payment.
6. Indemnification: the client is responsible for supplied material (texts, photos, logos).

Start with the rights section

The rights section is the heart of your terms and conditions. Unambiguously establish three things:

• Copyright remains with you. “All intellectual property rights to the designs rest with the contractor.” This is the starting point; payment changes nothing.
• The client receives a right of use. Describe the license: for what purpose, what medium (print, web, social), what territory, and what duration. Default: non-exclusive, non-transferable, for the agreed use.
• Changes may not be made without permission. The client may not modify the design themselves or through third parties without your permission. This protects the integrity of your design and your subsequent work.

If a client wants more — for example, full ownership of the logo — you include an optional clause stating that copyright transfer is possible, exclusively in writing and for a separate fee. This way, you can offer it without giving it away.

Briefing and additional work

Design conflicts rarely arise at the first draft and almost always at the tenth revision. Address this with two provisions:

• The starting point is the briefing. You base the design on the information and objectives provided by the client. If the client provides incomplete input, you may proceed on reasonable assumptions.
• A change of course constitutes additional work. If the client changes the starting point (different target group, different concept) after approval of a direction, this is a new assignment or additional work charged at the hourly rate.

The revision paragraph

The revision paragraph determines whether a project remains profitable. Document:

• Number of included rounds. For example, two revision rounds after the first draft, within the chosen design direction.
• What a round is. One bundled set of feedback, not a trickle-and-drop stream of loose comments.
• Extra rounds. Above the included number, you will be invoiced at the hourly rate, as notified in advance.
• Approval. Upon approval of a proof or final file, the responsibility for missed errors in the submitted text lies with the client.

Delivery and source files

For a designer, this is the element you need to formulate clearly, because it determines whether the client can continue without you.

• Standard delivery. Describe what is included in the price as standard: print-ready PDFs and/or web exports (PNG, JPG, SVG where appropriate). This is sufficient for most customers to publish and print.
• Source files separately. You do not supply editable working files (AI, PSD, INDD, design sources) as standard. They contain your structure and workflow. Offer them as a separate option at an additional cost, with the caveat that you bear no responsibility for changes made by the client after delivery.
• Retention period. Specify how long you retain files and that you are not required to perpetual archiving.

This is immediately the biggest difference compared to a photography contract: there, everything revolves around the use of a finished image, whereas here you have to arrange whether and how the client may further develop.

Payment, indemnification and liability

• Payment term. For example, 14 days. For larger assignments, a down payment (30–50%) before commencement.
• Suspension of right of use. The right of use only transfers upon full payment. As long as the invoice remains outstanding, the client may not use the design.
• Indemnification for supplied material. The client guarantees that texts, photos, and logos supplied by him do not infringe the rights of third parties, and indemnifies you against claims. This way, you do not bear the risk of someone else's imagery.
• Liability. Limit your liability to the invoice amount and exclude indirect damages (lost revenue, printing costs), to the extent permitted by law.
• Attribution and portfolio. Arrange the right to display the work in your portfolio and references.

B2B or consumer?

Tailor your terms and conditions to your client base. If you work for private individuals (as well), the statutory grey and black lists apply: certain restrictive clauses are prohibited or presumed unreasonable. If you work commercially, you have more contractual freedom, but unreasonably burdensome clauses remain voidable. Furthermore, always declare your terms and conditions applicable in a timely manner and provide them to the client—otherwise, they are not in force for the assignment.

Brief practical example

A design studio included in its terms and conditions that source files were a separate option and that the copyright remained with the studio. When a client requested “the open files so that another agency can continue” after delivery, the studio was able to offer this as a separate item, including a limited license to modify. No conflict, but a proper additional invoice — precisely because it had been arranged in advance.

Honest recommendation

You do not need a lawyer to handle your daily assignments — once your set of terms and conditions is properly established, you simply refer to it in quotations and confirmations. A lawyer is particularly useful when setting up or refining that set, ensuring that the rights clause, indemnification, and limitation of liability are legally sound and align with your client base (B2B or consumer). If you write the first draft yourself, have it reviewed once; after that, you can manage for years with minor updates. For non-standard deals (full copyright transfer, exclusive license), a brief legal check each time is worthwhile.

Read more: what are general terms and conditions for a graphic designer and having them drafted: costs and process. Ready-made template: general terms and conditions for a graphic designer.

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