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Design Retainer Contract

Design Retainer Contract Template for India

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Key Requirements PROMPT example:

Design Retainer Contract

"I need a Design Retainer Contract for my digital design agency based in Mumbai to provide monthly UI/UX design services to a fintech startup, starting January 2025, with specific provisions for rapid turnaround times and protection of financial sector confidential information."

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Document background
A Design Retainer Contract is essential for businesses requiring regular design services in India, providing a structured framework for ongoing creative collaboration. This document is typically used when a client needs consistent access to design services over an extended period, rather than project-based engagements. It establishes retainer fees, service scope, delivery expectations, and intellectual property rights under Indian law, particularly adhering to the Indian Contract Act, 1872, and relevant IP legislation. The contract is suitable for various arrangements, from design agencies serving corporate clients to freelance designers working with startups, ensuring clarity in service delivery, payment terms, and legal obligations while maintaining compliance with Indian regulatory requirements.
Suggested Sections

1. Parties: Identification and details of the design service provider and the client

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of design services covered under the retainer

5. Retainer Terms: Monthly/periodic retainer amount, minimum commitment period, and service hours included

6. Payment Terms: Billing frequency, payment methods, late payment penalties, and expenses policy

7. Intellectual Property Rights: Ownership and usage rights of created designs and materials

8. Confidentiality: Protection of confidential information and trade secrets

9. Service Delivery: Turnaround times, revision processes, and delivery specifications

10. Term and Termination: Duration of agreement, renewal terms, and termination conditions

11. Warranties and Representations: Guarantees regarding service quality and legal compliance

12. Limitation of Liability: Extent and limitations of party liabilities

13. General Provisions: Standard legal clauses including notices, governing law, and dispute resolution

Optional Sections

1. Non-Compete: Restrictions on working with competitors - include when working with clients in competitive industries

2. Client Obligations: Specific client responsibilities - include when client input/materials are crucial for service delivery

3. Additional Services: Terms for services beyond retainer scope - include when likely to offer extra services

4. Performance Metrics: Specific KPIs and service levels - include for large corporate clients or complex projects

5. Insurance: Professional indemnity and other insurance requirements - include for high-value contracts

6. Publicity Rights: Rights to publicize the work - include when portfolio rights are important

7. Data Protection: Specific data handling requirements - include when processing personal/sensitive data

8. Force Majeure: Provisions for unforeseen circumstances - include for long-term contracts

Suggested Schedules

1. Schedule A - Service Specification: Detailed breakdown of included design services and deliverables

2. Schedule B - Fee Structure: Detailed retainer fees, hourly rates for additional work, and expense categories

3. Schedule C - Service Level Agreement: Specific turnaround times, quality standards, and performance metrics

4. Schedule D - Brand Guidelines: Client's brand requirements and specifications

5. Appendix 1 - Communication Protocol: Process for briefs, feedback, and approvals

6. Appendix 2 - Team Structure: Key personnel and their roles in service delivery

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions








































Clauses





































Relevant Industries

Creative Services

Advertising

Digital Media

Technology

E-commerce

Retail

Real Estate

Fashion

Manufacturing

Consumer Goods

Professional Services

Entertainment

Education

Healthcare

Financial Services

Relevant Teams

Legal

Creative

Design

Marketing

Procurement

Operations

Business Development

Finance

Brand Management

Project Management

Relevant Roles

Creative Director

Design Manager

Graphic Designer

UI/UX Designer

Brand Manager

Marketing Manager

Procurement Manager

Legal Counsel

Contract Manager

Business Development Manager

Operations Manager

Project Manager

Art Director

Chief Creative Officer

Chief Marketing Officer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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