Maine design service contract template

Maine Design Service Contract

Effective Date: [Date]

Parties:

Designer:

Full Legal Name: [Designer Full Legal Name]

Business Name (if applicable): [Designer Business Name]

Maine Resident Address: [Designer Maine Resident Address]

Phone: [Designer Phone]

Email: [Designer Email]

Client:

Full Legal Name: [Client Full Legal Name]

Business Name (if applicable): [Client Business Name]

Maine Resident Address: [Client Maine Resident Address]

Phone: [Client Phone]

Email: [Client Email]

Description of Services:

Description of Design Services: [Describe in Detail the Specific Design Services to be Provided, e.g., Graphic Design, Interior Design, Web Design, Product Design]

Project Scope: [Detailed Description of Project Scope, including all Tasks and Deliverables]

Discovery and Needs Assessment: [Outline the Process and Deliverables for Initial Project Assessment]

Mood Boards/Concept Sketches: [Describe the Creation and Approval Process for Visual Concepts]

Drafts and Revisions: [Specify Number of Drafts and Revision Rounds Included]

Design Deliverable Types: [Specify the Format and Type of Deliverables, e.g., Digital Files, Drawings, Physical Models]

Maine Specific Applications (if applicable): [Detail Permitting and Compliance requirements in Maine, if applicable, e.g., Architecture, Construction]

Project Milestones and Deliverables:

List of Milestones: [List Each Project Milestone with Specific Dates]

Deliverable Acceptance Criteria: [Describe How Deliverables Will Be Evaluated and Approved]

Final Approval Procedures: [Outline the Process for Final Project Approval]

Documentation Standards: [Specify Documentation Required Under Maine Industry Best Practices]

Client Responsibilities:

Materials to Supply: [List all Materials Client Must Provide, e.g., Brand Assets, Site Measurements, Content, Style Guides]

Timeline for Responses and Approvals: [Set Deadlines for Client Feedback and Approvals]

Work Location:

Option A: Remote

Option B: On-Site at Client's Maine Premises

Option C: Combination (Specify): [Details of On-Site vs. Remote Work]

Travel and Lodging: [Specify Travel and Lodging Reimbursement Rules Based on Maine Mileage and Per Diem Guidelines]

Fees and Payment:

Quoting Structure:

Option A: Fixed Fee: [Specify Total Fixed Fee]

Option B: Hourly Rate: [Specify Hourly Rate]

Option C: Retainer: [Specify Retainer Amount and Scope]

Option D: Success-Based: [Specify Success Metrics and Payment Structure]

Deposit: [Specify Deposit Amount and Due Date]

Payment Schedule: [Detail Payment Schedule Tied to Milestones/Deliverables]

Invoicing Requirements: [Specify Invoicing Details]

Maine Sales Tax: [Specify if Sales Tax Applies or State Exemption Reason]

Cancellation and Refund Policy:

Cancellation Policy: [Outline Terms for Cancellation by Client or Designer, Compliant with Maine Law, referencing Maine Title 10]

Refund Policy: [Specify Refund Terms, referencing Maine Unfair Trade Practices Act if applicable]

Intellectual Property:

Ownership of Copyright: [Specify when Copyright Transfers (usually upon final payment)]

Designer's Rights: [Describe Designer's Rights to Use Process Materials, Drafts, and Project for Portfolio Purposes, compliant with Maine licensing restrictions]

Confidentiality:

Confidential Information: [Define Confidential Information, compliant with Maine privacy statutes]

Non-Disclosure: [Specify Obligations Regarding Non-Disclosure, surviving termination]

Licensing and Compliance:

Designer's License: [Designer warrants they are duly licensed to provide design services in Maine, if applicable, referencing Maine Board of Licensure for relevant professions]

Compliance with Laws: [Both parties agree to comply with all applicable Maine laws]

Quality Assurance and Corrections:

Revision Rounds: [Number of Revision Rounds Included]

Correction of Defects: [Timeline for Correcting Defects]

Exclusions: [Defects Arising from Unauthorized Client Changes are Excluded]

Delays and Change Orders:

Unforeseen Delays: [Procedure for Handling Unforeseen Delays]

Change Orders: [Process for Submitting and Approving Change Order Requests]

Force Majeure: [Definition of Force Majeure and Remedies]

Termination:

Termination Clause: [Circumstances for Termination by Either Party, including Notice Periods under Maine Law]

Settlement Upon Termination: [Process for Settling Outstanding Obligations and Returning Client Property]

Liability and Indemnification:

Limitation of Liability: [Limitation of Liability to the Extent Permitted by Maine Law]

Indemnification: [Indemnification for Damages Arising from Design Errors, Infringement, etc.]

Dispute Resolution:

Dispute Resolution:

Option A: Negotiation

Option B: Mediation

Option C: Arbitration

Governing Law: Maine Law

Venue: [Specify Maine Court or Arbitration Forum]

Compliance with Maine Regulations:

Digital Accessibility: [Compliance with Maine Regulations on Digital Accessibility if applicable]

Anti-Discrimination Laws: [Compliance with Maine Anti-Discrimination Laws]

Industry-Specific Standards: [Compliance with Relevant Maine Industry-Specific Standards]

General Provisions:

Severability: [Maine-Specific Severability Clause]

Notice: [Notice Process, including acceptance of electronic delivery if agreed]

Execution: [Execution in Counterparts or Electronic Signatures as Allowed Under Maine Law]

Entire Agreement: This Agreement constitutes the entire agreement between the parties.

Amendment: All modifications must be in writing and signed by both parties, adhering to Maine’s statutes of frauds.

Signatures:

_______________________________

[Designer Full Legal Name]

_______________________________

Date

_______________________________

[Client Full Legal Name]

_______________________________

Date