South Carolina graphic designer employment contract template

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How South Carolina graphic designer employment contract Differ from Other States

  1. South Carolina law allows greater flexibility in non-compete clauses than many states, but such terms must be reasonable in scope and duration.

  2. Employment in South Carolina is generally at-will, yet state law requires clear written agreements to modify this status.

  3. South Carolina mandates more specific language for workplace discrimination and harassment prevention compared to some other states.

Frequently Asked Questions (FAQ)

  • Q: Is a written graphic designer contract legally required in South Carolina?

    A: No, but a written contract is highly recommended to clarify roles, expectations, and protect both employer and designer.

  • Q: Can a South Carolina contract include a non-compete clause for graphic designers?

    A: Yes, but the clause must be reasonable in time, geographic scope, and the type of work restricted, to be enforceable.

  • Q: Does South Carolina have any unique requirements for employment termination?

    A: While employment is at-will, explicit contract terms or company policies may affect notice periods or termination procedures.

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South Carolina Graphic Designer Employment Contract

This South Carolina Graphic Designer Employment Contract (the "Agreement") is made and entered into as of [Date] by and between [Employer Legal Name], located at [Employer Address], [Employer City, State, Zip Code] ("Employer") and [Employee Legal Name], residing at [Employee Address], [Employee City, State, Zip Code] ("Employee").

1. Employment

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

2. Job Title and Description

Job Title: Graphic Designer

The Employee's primary work location shall be: [Work Location Address, City, State, Zip Code] (South Carolina).

The Employee shall perform the following duties:

  • Conceptualizing and producing digital and print graphics.
  • Creating branding assets.
  • Designing marketing collateral.
  • Developing logo designs.
  • Creating illustrations.
  • Applying typography.
  • Editing photos.
  • Executing layout design.
  • Preparing pre-press files.
  • Creating animation/motion graphics (if applicable).

The Employee is expected to be proficient in the following software and tools:

  • Adobe Creative Suite (Photoshop, Illustrator, InDesign, XD, After Effects)
  • Figma
  • Canva
  • CorelDRAW

The Employee shall participate in cross-functional collaboration with marketing, web, or product teams.

The Employee shall attend client and creative brief meetings.

The Employee shall present design drafts and participate in iterative feedback processes.

The Employee’s supervisor is [Supervisor Name]. The employee will report to this individual and follow the established reporting structure: [Reporting Structure Details].

The collaborative working method shall be:

  • Agile
  • Scrum
  • Client-review systems

3. Work Arrangement and Equipment

The work arrangement is:

  • On-site
  • Hybrid
  • Remote (within South Carolina)

The Employer will provide the following equipment:

  • High-performance computer.
  • Calibrated display.
  • Drawing tablet.
  • Software licenses.

Security, maintenance, and replacement policies for employer-provided equipment: [Equipment Policy Details].

4. Work Schedule

The standard full-time work schedule is 40 hours per week.

Work Hours: [Start Time] to [End Time], [Days of the Week].

Overtime eligibility:

  • Employee is eligible for overtime pay in accordance with South Carolina and federal wage laws.
  • Employee is not eligible for overtime pay because their role qualifies as an exempt position.

Overtime pay rate: [Overtime Pay Rate] (in compliance with applicable laws).

Lunch/Rest breaks: [Lunch/Rest Break Policy].

5. Compensation

Salary: [Salary Amount] per [Pay Period]

Hourly Wage: [Hourly Wage Amount] per hour

Pay Frequency: [Pay Frequency] (e.g., bi-weekly, monthly)

Pay Method: [Pay Method] (e.g., direct deposit, check)

Eligibility for bonuses:

  • The employee is eligible for bonuses. Bonus structure: [Bonus Structure Details].
  • The employee is not eligible for bonuses.

Eligibility for commissions:

  • The employee is eligible for commissions. Commission structure: [Commission Structure Details].
  • The employee is not eligible for commissions.

Merit increases: Performance will be reviewed [Frequency of Performance Review] and merit increases may be awarded based on performance.

Statutory Deductions: All legally required deductions will be withheld from each payment.

6. Benefits

The Employee is eligible for the following benefits:

  • Health Insurance: [Health Insurance Plan Details]
  • Dental Insurance: [Dental Insurance Plan Details]
  • Vision Insurance: [Vision Insurance Plan Details]
  • Retirement Plan (401(k) or similar): [Retirement Plan Details]
  • Paid Vacation: [Vacation Accrual Policy]
  • Sick Leave: [Sick Leave Policy]
  • Personal Days: [Number of Personal Days] per year
  • South Carolina State-Recognized Holidays: [List of Holidays]
  • Parental Leave: [Parental Leave Policy]
  • Conference Attendance: [Conference Attendance Policy]
  • Portfolio Development: [Portfolio Development Support Details]
  • Paid Education/Training: [Education/Training Policy]
  • Software and Font Library Access: [Software/Font Access Details]

Benefits comply with ACA and other applicable South Carolina requirements.

7. Intellectual Property

All intellectual property, including graphic works, design assets, templates, mockups, client deliverables, and any derivative materials created within the scope of employment or using employer resources, are the property of the Employer.

This is a work-for-hire agreement as defined under South Carolina law.

Procedures for registering and using copyrighted works: [Copyright Procedure Details].

The Employee shall not use third-party or stock content without Employer authorization.

Process for approval of fonts, stock images, or external creative assets: [Asset Approval Process].

8. Outside Activities (Moonlighting/Freelance)

The Employee is:

  • Permitted to engage in outside freelance work, provided that such work does not conflict with the Employee's duties to the Employer. Prior works for employee's portfolio are excluded from this restriction.
  • Restricted from engaging in outside freelance work during the term of employment.
  • Required to disclose all outside activities to the Employer for approval.

Scope of restriction: [Scope of Restriction Details].

9. Confidentiality

The Employee agrees to hold confidential all client information, proprietary design concepts, business strategies, pending projects, and trade secrets both during and after employment.

This confidentiality obligation shall survive the termination of this Agreement.

Client NDAs supersede this clause where applicable.

10. Non-Solicitation

The Employee shall not solicit clients/customer lists of the Employer during the term of employment and for a period of [Duration] after termination.

The Employee shall not solicit employees of the Employer during the term of employment and for a period of [Duration] after termination.

11. Non-Compete (If Applicable)

For a period of [Duration] following termination of employment, the Employee shall not engage in [Specific Competitive Activities] within [Geographic Area, e.g., specific South Carolina counties or metro areas].

Consideration provided for this non-compete clause: [Description of Consideration].

12. Ethical and Professional Standards

The Employee shall adhere to high ethical and professional standards in creative development.

Compliance with copyright, trademark, and privacy laws is mandatory.

The Employee shall not use protected materials without rightsholder authorization.

The Employee shall adhere to client brand guidelines.

13. Project Delivery and File Management

The Employee is responsible for timely project delivery.

The Employee is responsible for revision management and version control.

The Employee is responsible for proper file archiving and organization.

14. Non-Discrimination and Harassment

The Employer prohibits discrimination, harassment, and retaliation as per Title VII, ADA, ADEA, and South Carolina Human Affairs Law.

This includes discrimination based on race, color, religion, gender, age, national origin, and disability, as well as other protected categories recognized under South Carolina law.

15. Occupational Health and Safety

The Employer prioritizes occupational health and safety in digital/creative workplaces, including eye health and ergonomics.

The Employee is covered by workers’ compensation insurance as required for South Carolina employers.

16. Term and Termination

Term of Employment:

  • Indefinite
  • Fixed-term: [End Date]

Probationary Period: [Duration of Probationary Period]

Employment-at-will status: Employment is at-will as permitted by South Carolina law.

Grounds for Termination: Performance, misconduct, redundancy, or other legitimate business reasons.

Voluntary Resignation: The Employee shall provide [Number] days' written notice.

Employer Notice Period: The Employer shall provide [Number] days' written notice, unless termination is for cause.

Final Wage Payment: Final wages will be paid in compliance with South Carolina law.

Unused Vacation/Sick Leave Payout: [Policy on Payout of Unused Time]

Return of Equipment: Upon termination, the Employee shall return all Employer-owned equipment.

Treatment of Client Files: [Procedure for Client Files After Separation]

17. Dispute Resolution

The parties shall attempt to resolve any disputes internally.

If internal resolution fails, the parties agree to pursue mediation/arbitration.

This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina.

The jurisdiction for any legal action shall be [County Name] County, South Carolina.

18. Monitoring

The Employer:

  • Reserves the right to monitor work computers and digital communications.
  • Will not monitor work computers and digital communications.

By signing this agreement, Employee provides consent for employer monitoring if applicable.

19. Conflict of Interest

The Employee shall disclose any potential conflicts of interest, including prior or outside creative engagements.

The Employee shall avoid any situations that create a conflict of interest.

20. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior oral or written understandings.

Any amendments to this Agreement must be in writing and signed by both parties.

Employee Signature: ____________________________ Date: ___________

Employer Signature: ____________________________ Date: ___________

Employee Printed Name: [Employee Printed Name]

Employer Printed Name: [Employer Printed Name]

Employer Title: [Employer Title]

Witness (Optional): ____________________________ Date: ___________

Witness Printed Name: [Witness Printed Name]

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