The other day I wrote a piece about satisfaction clauses, one of the more troublesome types of design contract terms. After getting some good feedback and thinking about it more, I thought it would be helpful to offer a list of things that should be included when one is writing up design contract terms. Whether these are included in a formal contract or a less formal memorandum of understanding, the goal is the same: to pin down precisely what is called for in an art or design contract.
Some Helpful Art & Design Contract Terms
In offering these points, I am thinking of situations where the artist or designer has agreed to do a project on commission (although the ideas can apply to almost any creative profession). Anyone doing creative work knows that an ill-defined final product can be a source of disputes (which is why I discourage the use of “satisfaction clauses” that allow the client to only pay for the work if they are subjectively satisfied. The solution is to get specific.
- Progress Payments: A good way to make sure that everyone is happy is by doing a series of “progress payments” tied to specific milestones. That way if there is a difference of opinion, it can be caught early.
- Description of Work: The more detailed the description of work, the better. And it is important to use objective terms that deal with presentation, color, content, and any other references that might prove helpful.
- Sketches/Samples: This goes with the first point, but it might be helpful to have the parties agree upon sketches and samples early on, so if there is a difference in expectations, it can be caught early on before too much time and money is invested.
- Specific Constraints: If something is being created for a specific environment – whether physical or digital – the constraints of that environment should be considered. There is no use in creating a something that just won’t work, even if everything else is OK.
These are just a starting point. They are offered to help get you thinking about how everyone can come to agreement so that disputes are minimized. Even though this is about art and design contract terms, the principles can be applied to almost any medium.
