From The Archives

The AIGA Standard Terms and Conditions for Designer/Client Relationships

by Emily Ruth CohenJune 18, 2002

To satisfy the need for a friendlier and condensed alternative to the AIGA’s existing Standard Form of Agreement for Graphic Design Services, the AIGA is pleased to launch a new, shorter document entitled The AIGA Standard Terms and Conditions for Designer/Client Relationships. This project evolved in response to the continued interest and support shown by the chapters and has been researched, organized, and written with extensive experience writing estimates and agreements for a wide variety of projects and clients in the graphic design profession. This short agreement, when attached to a designer’s project estimate and/or proposal, can be used as a written confirmation of terms and conditions between the designer and client. In order for the agreement to work effectively, the estimate/proposal needs to include certain important criteria and information. This information is described in an accompanying outline of instructions for appropriate usage of the standard terms and condi-tions. The “short agreement” was written to be friendly and understandable, while at the same time protecting the rights of both the designer and client. The input of our members and AIGA’s staff, combined with their commitment to creating a shorter form, helped this two-year project come to fruition. I’d also like to ex-press my thanks to Alina Wheeler and Robert Meyer, whose earlier efforts and research helped launch this project. Additional thanks are due to lawyers James Silverberg and Tad Crawford, who reviewed the final versions and offered their professional advice and critique. This is an excerpt, for the full text view the attached pdf. From Professional Practices in Graphic Design, Tad Crawford, ed. Allworth Press, 1998. Re-printed with permission of author.

  1. link to this comment by Mari Madison Tue Aug 27, 2002

    Thank you for your new shorter form.

    I have just broken off negotiations with an internatioal client who's legal department, midway into a two part direct mail project, insisted I sign a work made for hire agreement and take out a one million dolar professional liability insurance at an out of pocket cost of one quarter of my fee.

    I submited your full Designer Client agreement as an alternative to their contract. They refused to even consider reading it.

    The marketing manager did not need and was not willing to pay for the usage his legal department insisted he have.

    I walked from the project because my professional standards do not allow me to damage the profession by letting business get away with such bulling tactacts.

    I do hope you will put your efforts into pushing the federal government to clearify the indipendent contractor definition of the work made for hire clause. Business are using it as a loop hole to undermine our rights.

    Sincerely

    Mari L. Madison

    Design Strategies.

  2. link to this comment by Micah H. Swabb Tue Aug 31, 2004

    Is it possible to get a plain text version of this contract? I'd like to use it and would like to avoid typing it all out since I just did that for the much longer original Standard Form contract and now I've decided to bag it for this much improved version.

    Arrrgg.

    I think this is a fair request, especially considering anyone who will want to use this document will want to have it in an editable state so they can make their custom modifications.

    Thanks a million, :)

    Micah H. Swabb
    Found and Team Captain of
    SwabbHouse Creative

  3. link to this comment by Ryan Evans Tue Jan 18, 2005

    Thank you for this new form.
    We just had a client repeatedly fail to follow through on promises to provide necessary information to complete our project. We were fearful of losing money on the amount of time we've lost in having to pursue them without success. Rather than follow through, allowing us to complete the project, they have chosen to discontinue. Hopefully this form will help us get reimbursed for the time we've expended to date.
    Thanks again.
    Ryan Evans
    Mosfly Designs
    mosflydesigns.com

  4. link to this comment by Dean Amstutz Wed Feb 02, 2005

    Re: Arrrgg.

    Micah, from Acrobat, you can save a PDF file as a RTF file, then open it in Word. The formatting isn't perfect, but it's a whole lot easier than keying it all in by hand. I use this all the time when I get PDF files from clients.

  5. link to this comment by Daniel Schutzsmith Wed Mar 09, 2005

    Great resource here. I've recently taken on the role as Business Developer from my previous position as a Project Manager. I am actually currently reading Professional Practices in Graphic Design right now and am finding it to be an immeasurable tool, clearing up many questions I have had but never seemed to know who to ask.

  6. link to this comment by Tracy Heckel Wed Apr 04, 2007

    Re: Arrgg

    Hey guys, if you have Acrobat you can simply take the text tool in the pdf to highlight and copy the text from it. Paste into whatever program you prefer.

    Cheers,
    Tracy

    guten tag! Design Studio • Gallery
    gutentag.us

  7. link to this comment by wiwik megawati Sat Sep 06, 2008

    Dear AIGA,

    Let me introduce myself. My name is Wiwik Megawati, creative designer who works for a very new branding consultant. I was interested to ask you a few questions, since I read your article about The AIGA Standard Terms and Conditions for Designer/Client Relationships: Right/Ownership and Electronic Files; which explain about Designer vs Client policies with the design work and fees.
    What I want to ask is: How is it work between individual designer and his/her clients when the designer wants to put their work as portfolio (for ex: online portfolios)? Is it fair if designer use design work in his/her company (for addition: he/she made it by herself) then put it as his/her own online portfolio? Do they need permission first to the client or maybe with the company he/she works? How far the legal right is supposed to?

    Thank you,
    Wiwik Megawati

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