Colorado design service contract template

Colorado Design Service Contract

This Colorado Design Service Contract (the "Agreement") is made and entered into as of [Date of Signing], by and between:

• [Design Service Provider Legal Name/Business Entity Name], a [Business Entity Type, e.g., Colorado LLC] with its primary place of business at [Design Service Provider Colorado Address], Phone: [Design Service Provider Phone Number], Email: [Design Service Provider Email] ("Service Provider"); and
• [Client Legal Name/Business Entity Name], a [Business Entity Type, e.g., Colorado Corporation] with its primary place of business at [Client Colorado Address], Phone: [Client Phone Number], Email: [Client Email] ("Client").

Service Provider’s Colorado business registration number: [Registration Number]

Service Provider’s relevant professional license number (if applicable): [License Number]

1. Scope of Services

The Service Provider agrees to provide the following design services to the Client:

• Option A: [Describe Graphic Design Services, e.g., Logo design, Branding guidelines, Website mockups]. Deliverables include: [List Deliverables, e.g., vector logo files, style guide PDF, layered PSD files]. File Formats: [List File Formats, e.g., .AI, .PDF, .PSD].
• Option B: [Describe Interior Design Services, e.g., Space planning, Furniture selection, Finish specifications]. Deliverables include: [List Deliverables, e.g., Floor plans, Elevations, 3D renderings]. File Formats: [List File Formats, e.g., .DWG, .PDF, .JPG].
• Option C: [Describe Product Design Services, e.g., Concept sketches, CAD models, Prototyping]. Deliverables include: [List Deliverables, e.g., 3D CAD files, Physical prototype]. File Formats: [List File Formats, e.g., .STEP, .STL, .PDF].

Project Purpose: [State the purpose of the project, e.g., To create a new brand identity for the Client, to design the interior of the Client’s retail store.]

2. Project Timeline

The following is the project timeline:

• Option A:
  • Milestone 1: [Milestone Description, e.g., Initial Consultation]. Completion Date: [Date].
  • Milestone 2: [Milestone Description, e.g., First Draft Submission]. Completion Date: [Date]. Client Feedback Deadline: [Date].
  • Milestone 3: [Milestone Description, e.g., Final Deliverables]. Completion Date: [Date].
• Option B: Estimated Completion Date: [Date]. Client agrees to provide feedback within [Number] days of each submission.

3. Client Duties

The Client agrees to:

• Option A: Provide all necessary information, materials, and access required for the Service Provider to perform the services. This includes: [List of Required Information/Materials, e.g., Branding guidelines, Existing logos, Access to the Client’s premises].
• Option B: Obtain any required regulatory or HOA approvals.
• Option C: Adhere to the following schedule for providing information: [Schedule for Provision of Information].

4. On-Site Work (If Applicable)

If the Services require on-site work at a Colorado premises:

• Option A: The Client shall provide a safe working environment for the Service Provider and its personnel, in compliance with Colorado labor and workplace safety statutes.
• Option B: The Service Provider will maintain its own insurance as required by Colorado law.
• Option C: The client will provide access to the site during the hours of [Hours].

5. Fees and Payment

The Client agrees to pay the Service Provider the following fees:

• Option A: Fixed Fee: [Dollar Amount] for the entire project.
• Option B: Hourly Rate: [Dollar Amount] per hour.
• Option C: Milestone-Based Payments:
  • Milestone 1: [Milestone Description]: [Dollar Amount].
  • Milestone 2: [Milestone Description]: [Dollar Amount].

Payment Schedule: [Describe Payment Schedule, e.g., 50% upfront, 50% upon completion; Net 30 days from invoice date].

Invoicing Procedures: The Service Provider will submit invoices to the Client via [Method of Delivery, e.g., Email]. Invoices will include Colorado sales/use tax as applicable.

Payment Method: [Acceptable Payment Methods, e.g., Check, Electronic Transfer].

Non-Payment Remedies: In the event of non-payment, the Service Provider may suspend services and charge interest at a rate of [Percentage]% per month, consistent with Colorado law.

6. Reimbursable Expenses

The Client agrees to reimburse the Service Provider for reasonable and necessary expenses, including:

• Option A: Travel expenses within Colorado.
• Option B: Materials purchased for the project.
• Option C: Vendor costs.

All expenses must be pre-approved by the Client. The Service Provider will provide documentation for all expenses.

7. Intellectual Property

• Option A: Upon full payment, copyright in bespoke design materials created specifically for this project is assigned to the Client.
• Option B: The Service Provider retains ownership of pre-existing intellectual property and stock content.
• Option C: The Service Provider has the right to display the work in its portfolio, subject to Client confidentiality requirements.

Moral Rights: [Specify any moral rights considerations and acknowledgment obligations].

8. Confidentiality

The Service Provider agrees to hold all Client information, trade secrets, and proprietary materials in confidence, in accordance with Colorado's Uniform Trade Secrets Act. This obligation survives for [Number] years after the termination of this Agreement.

9. Data Management and Cybersecurity

The Service Provider will comply with the Colorado Privacy Act (CPA) and other relevant state privacy protections regarding data management, storage, and cybersecurity.

10. Quality Assurance

• Option A: The Client will have [Number] days to review and approve each design draft.
• Option B: The Service Provider will provide up to [Number] revisions per design draft.
• Option C: The Service Provider is not responsible for errors introduced by the Client.

11. Scope Changes

Any changes to the scope of services must be documented in a written change order, mutually agreed upon by both parties, and may affect the fees and schedule.

12. Project Delays or Interruptions

In the event of project delays or interruptions, including force majeure events (e.g., natural disasters, weather anomalies, regulatory changes), the Service Provider will notify the Client promptly. The parties will then negotiate a reasonable adjustment to the schedule and fees, as appropriate.

13. Termination

• Option A: The Client may terminate this Agreement for material breach by the Service Provider.
• Option B: Either party may terminate this Agreement upon [Number] days written notice.
• Option C: Upon termination, the Client shall pay the Service Provider for all work performed and deliverables accepted up to the termination date.

14. Breach and Remedies

In the event of a breach of this Agreement, the non-breaching party may pursue all available remedies under Colorado law, including:

• Option A: Damages for non-performance.
• Option B: Specific performance.
• Option C: Injunctive relief.

Cure Period: The breaching party will have [Number] days to cure the breach after receiving written notice.

15. Limitation of Liability

The Service Provider's liability under this Agreement is limited to the amount of fees paid by the Client to the Service Provider. This limitation does not apply to cases of gross negligence or willful misconduct, to the extent prohibited by Colorado law.

16. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved through:

• Option A: Negotiation.
• Option B: Mediation in [City, Colorado].
• Option C: Arbitration in [City, Colorado], in accordance with the rules of the American Arbitration Association.

17. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. The venue for any litigation shall be in [County] County, Colorado.

18. Compliance with Laws

The Service Provider will comply with all applicable Colorado statutes and local ordinances, including the Colorado Consumer Protection Act, CPA, workers’ compensation laws, tax registration requirements, and anti-discrimination laws.

19. Assignment and Subcontracting

Neither party may assign or subcontract this Agreement without the prior written consent of the other party.

20. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral. It may be amended only in writing, signed by both parties.

21. Miscellaneous

• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.
• Electronic Signatures: Electronic signatures shall be accepted as binding.
• Counterparts: This Agreement may be executed in counterparts.
• Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.

Both parties acknowledge that they have read and understand this Agreement and agree to be bound by its terms and conditions. Each party shall retain a copy of this executed agreement for their records. The parties agree this Agreement can be customized to suit the specific needs, compliance requirements, and scope of the Colorado design project at hand.

[Design Service Provider Legal Name/Business Entity Name]

By: [Design Service Provider Printed Name]

Title: [Design Service Provider Title]

Date: [Date]

[Client Legal Name/Business Entity Name]

By: [Client Printed Name]

Title: [Client Title]

Date: [Date]