Maryland design service contract template

Maryland Design Service Contract

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

• [Design Service Provider Legal Name], located at [Design Service Provider Address], whose primary contact is [Design Service Provider Contact Name], reachable at [Design Service Provider Phone Number] and [Design Service Provider Email] (the "Provider"); and
• [Client Legal Name], located at [Client Address], whose primary contact is [Client Contact Name], reachable at [Client Phone Number] and [Client Email] (the "Client").

1. Project Description

This section defines the scope of design services to be provided in Maryland.

• Option A: General Scope
  • The Provider shall provide design services as described in [Project Name], detailed in Exhibit A attached hereto.
• Option B: Specific Scope
  • The Provider shall provide [Type of Design Service, e.g., Graphic Design, Architectural Design, Interior Design] services, including the following deliverables:
    • [Deliverable 1, e.g., Initial concept sketches]
    • [Deliverable 2, e.g., Detailed architectural drawings]
    • [Deliverable 3, e.g., Digital assets in .PSD format]
    • Objectives: [Clearly defined objectives for the design project]
    • Format and Media: [Specify format and media for deliverables, e.g., digital files, printed reports]
    • All services will comply with applicable Maryland regulations.

2. Professional Credentials and Licenses

This section ensures the Provider is qualified to perform design services in Maryland.

• Option A: Licensed Professional
  • The Provider warrants that they hold all necessary professional licenses and certifications required to perform the services outlined in this Contract in the State of Maryland, including [Specific Maryland License/Certification Number].
• Option B: Non-Licensed Services
  • The Provider represents that the design services provided do not require a professional license in the State of Maryland.

3. Initial Client Needs Assessment

This section outlines the process for gathering client requirements.

• Option A: Standard Assessment
  • The Provider will conduct [Number] discovery session(s) with the Client to gather requirements.
• Option B: Detailed Assessment
  • The Provider will conduct discovery sessions, a site visit at [Maryland Location] (if applicable), and obtain written approval of initial concepts from the Client before proceeding.

4. Project Schedule

This section defines the project timeline.

• Option A: Milestone-Based Schedule
  • The project shall adhere to the following schedule:
    • Concept Development: [Date]
    • First Review Round: [Date]
    • Client Feedback Deadline: [Date]
    • Final Submission: [Date]
    • All dates are based on Maryland business days, excluding Maryland state holidays.
• Option B: Flexible Schedule
  • The project schedule will be mutually agreed upon and adjusted as needed, subject to reasonable delays.

5. Review and Approval Procedures

This section defines the process for client feedback and approvals.

• Option A: Limited Revisions
  • The Client is entitled to [Number] revisions per deliverable. The Client shall provide feedback within [Number] business days of receiving each deliverable. Written approvals are required for each stage.
• Option B: Unlimited Revisions (Within Scope)
  • The Client is entitled to reasonable revisions within the original scope of work. Significant changes to the scope may incur additional charges.

6. Material Submission Obligations

This section specifies what the Client must provide to the Provider.

• Option A: Specific Materials List
  • The Client shall provide the following materials by the specified dates:
    • Brand guidelines: [Date]
    • Content: [Date]
    • Images: [Date]
    • CAD files: [Date]
    • Measurements: [Date]
• Option B: General Materials Obligation
  • The Client shall provide all necessary materials in a timely manner to enable the Provider to complete the project.

7. Location of Service Provision

This section specifies where the design services will be performed.

• Option A: Remote Work
  • The Provider will perform the services remotely.
• Option B: On-Site Work
  • The Provider will perform services at the Client's Maryland business/project site located at [Address]. The Provider will maintain adequate liability insurance as required by Maryland law.

8. Compliance with Regulations

This section ensures compliance with Maryland laws.

The Provider shall comply with all applicable Maryland occupational safety, environmental, and accessibility regulations, including [Specific Maryland Regulation, e.g., Maryland Building Performance Standards].

9. Work Change Order Process

This section defines the process for changes to the project scope.

All changes to the scope of work must be documented in a written change order, approved by both parties, and may result in additional costs subject to Maryland-specific approval.

10. Fee and Payment

This section outlines the payment terms.

• Option A: Fixed Fee
  • The total contract value is [Dollar Amount], plus applicable Maryland sales tax/service tax.
    • Payment Schedule:
      • [Percentage]% upon signing of this Contract.
      • [Percentage]% upon completion of [Milestone].
      • [Percentage]% upon final delivery.
    • Invoices will be issued [Frequency, e.g., bi-weekly]. Payment is due within [Number] days of invoice date. Acceptable payment methods include [Payment Methods, e.g., check, electronic transfer] in accordance with Maryland commercial practices.
  • Option B: Hourly Rate
    • The Provider's hourly rate is [Dollar Amount], plus applicable Maryland sales tax/service tax.
      • The Provider will track time and provide detailed invoices. Payment is due within [Number] days of invoice date.

  11. Expenses and Reimbursement

  This section covers expenses incurred by the Provider.

  The Client shall reimburse the Provider for reasonable expenses, including travel, materials, and third-party services, in accordance with Maryland business expense standards and with prior written approval.

  12. Intellectual Property

  This section defines ownership of the design work.

  • Option A: Work for Hire
    • All intellectual property rights in the design deliverables shall be owned by the Client as a work for hire under Maryland law.
  • Option B: License Grant
    • The Provider retains copyright but grants the Client a [Type of License, e.g., perpetual, non-exclusive] license to use the design deliverables in Maryland. The Provider may use the design for portfolio display with the Client's consent.

  13. Confidentiality and Non-Disclosure

  This section protects confidential information.

  The Provider shall maintain the confidentiality of all Client information, subject to Maryland’s business privacy statutes. This obligation survives termination of this Contract.

  14. Quality Control and Client Acceptance

  This section defines the standards for quality and acceptance.

  The Provider warrants that the design services will be performed in a professional manner consistent with Maryland standards for professional practice. The Client has [Number] days to review deliverables. The Provider will correct design defects within a reasonable period.

  15. Insurance

  This section outlines insurance requirements.

  The Provider shall maintain minimum insurance coverage, including professional liability insurance, as required under Maryland law for design professionals. Certificates of insurance will be provided prior to commencement of work.

  16. Indemnity

  This section defines responsibility for losses.

  The Provider shall indemnify the Client from losses arising from the Provider's negligence, except for gross negligence or willful misconduct, in accordance with Maryland public policy.

  17. Force Majeure

  This section addresses events beyond control.

  Neither party shall be liable for delays caused by force majeure events affecting Maryland businesses, such as weather-related events specific to the region, with appropriate notice given.

  18. Termination

  This section defines how the contract can be ended.

  This Contract may be terminated:

  • By mutual agreement.
  • For cause, with [Number] days' written notice.
  • For convenience, with [Number] days' written notice.
  • Due to breach, with required Maryland statutory notice periods.
  • Upon termination, a final accounting will be provided, and all property returned.

  19. Warranty

  This section guarantees the originality of the work.

  The Provider warrants that the design work is original and complies with Maryland intellectual property and consumer protection law.

  20. Limitation of Liability

  This section limits the Provider's liability.

  The Provider's liability is limited to the amount paid under this Contract, referencing Maryland's enforceability standards. This does not exclude liability for personal injury or statutory violations.

  21. Dispute Resolution

  This section defines how disputes will be resolved.

  Any disputes shall be resolved through:

  • Escalation to [Designated Contact].
  • Mediation/Arbitration in [Maryland City].
  • Consent to jurisdiction of Maryland state courts, referencing Maryland contract law.

  22. Compliance

  This section ensures compliance with Maryland laws.

  The Provider shall comply with all applicable Maryland consumer protection, online commerce, and data privacy statutes.

  23. Assignment and Subcontracting

  This section defines rules for assigning the contract.

  This Contract may not be assigned without the other party's written consent, referencing Maryland’s rules on assignment of contracts. Subcontractors require disclosure and approval.

  24. Independent Contractor Status

  This section clarifies the relationship between the parties.

  The Provider is an independent contractor pursuant to Maryland labor law and is not eligible for Maryland employment benefits. The Provider is responsible for all applicable taxes.

  25. Notices

  This section specifies how legal notices should be delivered.

  All legal notices must be in writing and sent by email, personal delivery, courier, or certified mail with return receipt demanded.

  26. Entire Agreement, Severability, Amendment, and Waiver

  This section contains standard legal provisions drafted per Maryland legal standards.

  This Contract constitutes the entire agreement between the parties. If any provision is deemed unenforceable, the remaining provisions shall remain in effect. Amendments must be in writing and signed by both parties. No waiver of any provision shall be effective unless in writing.

  27. Specific Local Requirements

  This section addresses specific local laws.

  The Provider will comply with any applicable municipal or county requirements affecting design services rendered in particular Maryland jurisdictions, such as [Example: Baltimore City minority business participation regulations] or local professional licensing requirements.

  IN WITNESS WHEREOF, the parties have executed this Maryland Design Service Contract as of the date first written above.

  _______________________________
  [Design Service Provider Legal Name]

  By: [Name]

  Title: [Title]

  _______________________________
  [Client Legal Name]

  By: [Name]

  Title: [Title]