California graphic designer employment contract template

California Graphic Designer Employment Contract

This California Graphic Designer Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between [Employer Name], a [State] [Entity Type, e.g., corporation], with its principal place of business at [Employer Address] (“Employer”), and [Employee Name], residing at [Employee Address] (“Employee”).

1. Position

The Employer hereby employs the Employee, and the Employee hereby accepts employment with the Employer, as a Graphic Designer.

• Option A: The Employee's primary responsibilities include, but are not limited to, creating and adapting digital and print visual assets, brand identity work, advertising and marketing collateral production, website and mobile UI/UX design, infographics, presentations, packaging, and other graphic deliverables. The Employee will be required to use software and design tools such as Adobe Creative Suite ([Specify versions]), Sketch, Figma, and InDesign. Color management standards, file formats, and version control practices as defined by the Employer must be followed.
• Option B: (Alternative, more specific responsibilities) The Employee’s responsibilities will be focused on [Specific area, e.g., social media graphics and animations], including [List detailed tasks].

2. Duties and Responsibilities

Employee shall perform all duties and responsibilities incident to the position of Graphic Designer and such other duties as may from time to time be assigned by the Employer.

• Option A: Collaboration: The Employee will work with marketing, product, and communications teams, attend project briefings and creative reviews, and present design concepts to stakeholders. Reporting structure will be to [Job Title], with feedback provided through [Communication channel, e.g., weekly meetings and project management software]. Creative approval and revisions will follow the protocol outlined in [Document name/location].
• Option B: Remote Work: The Employee’s primary work location will be the Employer’s site in [City, CA]. The Employee [is/is not] eligible for remote or hybrid work, subject to the Employer's remote work policy. Equipment and software licenses will be provided by the Employer. The Employee is responsible for data and file security, especially for client confidential materials, and compliance with the Employer's design asset management systems.

3. Full-Time Employment

This is a full-time position.

• Option A: Work Hours: The Employee's regular work hours shall be [Number] hours per week, from [Start Time] to [End Time], [Days of the week]. Core hours are from [Start Time] to [End Time].
• Option B: Overtime: The Employee [is/is not] eligible for overtime pay. Overtime will be paid at the rate of one and one-half (1.5) times the Employee's regular hourly rate for all hours worked in excess of eight (8) hours in a workday or forty (40) hours in a workweek, in accordance with California law. Meal and rest breaks will be provided in accordance with California law.

4. Compensation

The Employer shall pay the Employee for services rendered a [Annual Salary/Hourly Wage] of [Dollar Amount], payable [Frequency, e.g., bi-weekly].

• Option A: Bonuses: The Employee [is/is not] eligible for a bonus based on [Criteria, e.g., project completion and client satisfaction]. The bonus structure is outlined in [Document name/location].
• Option B: Performance Incentives: Performance incentives, based on design awards or client satisfaction scores, will be awarded as follows: [Description].
• Option C: Commission/Royalty: In the event of use of Employee’s original creative works outside of standard project work, Employee [is/is not] eligible for commission/royalty, per [Details of royalty arrangement].

5. Benefits

The Employee shall be eligible for the following benefits, subject to the terms and conditions of the Employer's benefit plans:

• Health, vision, and dental insurance coverage.
• State-mandated paid sick leave and vacation time.
• California statutory holidays, including [Specify any designated industry/creative holidays].
• Employer contributions to retirement plans or 401(k) [Details of matching or contribution percentage].
• Reimbursement for design-related professional development up to [Dollar Amount] per year.
• Subscriptions for industry tools or competitions (e.g., AIGA, Adobe MAX) [List specific subscriptions].
• Remote work or technology stipends of [Dollar amount, if applicable].

6. Portfolio

The Employee may maintain a portfolio of their work.

• Option A: Usage of Employer Work: The Employee may use employer-created work in their professional portfolio, subject to company/Client NDA limitations. All such use must be pre-approved by [Job Title/Department].
• Option B: Portfolio Review: Employer reserves the right to review Employee’s portfolio and request the removal of confidential or proprietary information.

7. Intellectual Property

All designs, concepts, drafts, creative derivatives, and final files produced by the Employee within the scope of employment are works for hire and the exclusive property of the Employer, per California law.

• Option A: Pre-existing Materials: Any pre-existing materials used by the Employee must be disclosed to the Employer and are subject to separate licensing agreements.
• Option B: No Personal/Freelance Work: The Employee shall not engage in personal/freelance graphic design activities that may conflict with the Employer’s interests without prior written approval from [Job Title/Department].

8. Confidentiality

The Employee shall maintain the confidentiality of all proprietary client and project information, creative briefs, market strategies, and design assets.

• Option A: Post-Termination Obligations: This confidentiality obligation shall continue after termination of employment.
• Option B: Exclusions: This clause does not apply to information that is publicly available through no fault of the Employee.

9. Compliance

The Employee shall abide by client and third-party copyright, licensing, and image use restrictions.

• Option A: Asset Documentation: The Employee is responsible for documenting permissions for any stock photos, fonts, or design assets incorporated into designs.
• Option B: Indemnification: The Employee shall indemnify the Employer for any losses or damages resulting from the unlicensed use of assets.

10. Non-Competition/Non-Solicitation

In compliance with California law, this agreement does not contain a post-employment non-compete clause.

• Option A: Non-Solicitation: During employment and for a period of [Number] months following termination, the Employee shall not solicit the Employer’s clients or employees.
• Option B: Outside Employment: Employee must receive written approval for outside employment from [Job Title], in compliance with CA Labor Code.

11. Anti-Discrimination

The Employer is an equal opportunity employer and does not discriminate on the basis of gender, race, disability, sexual orientation, religion, age, or any other protected category under California law. We are committed to inclusive hiring/creative practices in all design and marketing projects.

12. At-Will Employment

Employment with the Employer is at-will, meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or notice, subject to applicable California law.

• Option A: Termination Procedures: Upon termination, the Employee shall return all design assets, hardware, and software licenses to the Employer. The Employer shall provide a final wage payout in accordance with California Labor Code.
• Option B: Notice Period: The Employee [is/is not] required to provide [Number] days' written notice of resignation. The Employer [will/will not] provide [Number] days' written notice of termination.

13. Safety and Well-Being

The Employer shall comply with California’s workers’ compensation laws and provide an ergonomic workstation for the Employee. The Employee has access to mental health resources as outlined in [Policy name/location]. The Employer provides policies addressing visual and repetitive strain injuries.

14. File Storage and Data Security

The Employee shall adhere to the Employer's policies on file storage, digital asset management, archiving, and data security, including handling of client confidential information and GDPR/CPRA-compliance for user-facing designs.

15. Progress Updates and Reviews

The Employee is expected to provide regular progress updates, participate in creative critiques, and attend performance review meetings tailored to design deliverables, client satisfaction, and continuous skill development.

16. Copyright Notices and Attribution

Copyright notices/creator attribution shall be handled in accordance with California law and industry norms. The Employee must obtain pre-authorization for open-source contribution or use of creative commons material.

17. Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved through [Negotiation/Mediation/Arbitration] in [City, CA], under California law.

18. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

The Employee acknowledges that they have had the opportunity to review this Agreement and to consult with legal counsel prior to signing. The Employee enters into this Agreement voluntarily.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

____________________________
[Employer Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

____________________________
[Employee Name]

Date: [Date]