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Design Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the terms and conditions between a design service provider and their client. This document outlines the scope of design services, deliverables, intellectual property rights, payment terms, and project timelines while ensuring compliance with New Zealand legislation including the Contract and Commercial Law Act 2017 and relevant design protection laws. It provides clear frameworks for project execution, variation management, and dispute resolution while protecting both parties' interests throughout the design process.

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What is a Design Agreement?

The Design Agreement is essential for any professional design engagement in New Zealand, whether for graphic design, industrial design, architectural services, or other design disciplines. This document is typically used when a design professional or agency is engaged to create specific design works for a client, requiring clear definition of project scope, deliverables, and ownership rights. The agreement ensures compliance with New Zealand law, including the Contract and Commercial Law Act 2017, Copyright Act 1994, and other relevant legislation. It addresses key aspects such as intellectual property rights, payment terms, project timelines, and professional obligations while providing mechanisms for project management and dispute resolution. The Design Agreement is particularly important in protecting both parties' interests by clearly defining expectations, responsibilities, and deliverables in the context of New Zealand's legal framework.

What sections should be included in a Design Agreement?

1. Parties: Identification and details of the designer/design company and the client

2. Background: Context of the agreement and general purpose of the design services

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. Scope of Services: Detailed description of the design services to be provided

5. Designer's Obligations: Key responsibilities and commitments of the designer

6. Client's Obligations: Key responsibilities and commitments of the client, including provision of information and materials

7. Project Timeline: Key dates, milestones, and delivery schedules

8. Fees and Payment: Payment terms, fee structure, and invoicing arrangements

9. Intellectual Property Rights: Ownership and licensing of design rights, copyright, and other IP

10. Confidentiality: Protection of confidential information and trade secrets

11. Variations: Process for managing changes to the scope or specifications

12. Term and Termination: Duration of agreement and circumstances for termination

13. Liability and Insurance: Limitation of liability, indemnities, and insurance requirements

14. General Provisions: Standard boilerplate clauses including notices, governing law, and dispute resolution

What sections are optional to include in a Design Agreement?

1. Third Party Contractors: Required when subcontractors or other third parties will be involved in the design process

2. International Usage: Required when the design will be used in multiple jurisdictions

3. Consumer Protection: Required when the client is a consumer rather than a business

4. Building and Construction: Required when the design relates to building works or construction

5. Project Management: Required for complex projects requiring detailed management provisions

6. Moral Rights: Required when the designer wishes to assert or waive moral rights

7. Website and Digital Design: Required for digital design projects including specific technical requirements

8. Marketing and Promotion: Required when either party wishes to use the design work for promotional purposes

What schedules should be included in a Design Agreement?

1. Schedule 1 - Design Brief: Detailed specifications of the design requirements and deliverables

2. Schedule 2 - Fee Schedule: Breakdown of fees, payment milestones, and additional costs

3. Schedule 3 - Project Timeline: Detailed timeline including all milestones and delivery dates

4. Schedule 4 - Approved Personnel: List of key personnel approved to work on the project

5. Schedule 5 - Technical Specifications: Technical requirements and standards for the design

6. Appendix A - Client Materials: List of materials to be provided by the client

7. Appendix B - Design Examples: Reference designs or examples agreed between the parties

8. Appendix C - Brand Guidelines: Client's branding requirements and guidelines to be followed

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

New Zealand

Document Type

Service Agreement

Cost

Free to use

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