South Dakota graphic designer employment contract template

South Dakota Full-Time Graphic Designer Employment Contract

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

Employer Contact Information:

• Address: [Employer Address]
• Phone: [Employer Phone]
• Email: [Employer Email]

Employee Contact Information:

• Address: [Employee Address]
• Phone: [Employee Phone]
• Email: [Employee Email]

1. Position

The Employer hereby employs the Employee as a Full-Time Graphic Designer.

• Option A: Primary Responsibilities: Concept creation, visual design for print and digital media, layout planning, branding materials production, advertising content development, digital image editing, file preparation for press, client presentation materials, UI/UX input (visual assets), marketing/communications collaboration, and company brand standards compliance.
• Option B: Secondary Responsibilities: [List Secondary Responsibilities].
• Option C: Design Skills: Proficiency in Adobe Creative Suite (Photoshop, Illustrator, InDesign, XD, After Effects), file format requirements, print production knowledge (bleed, color profiles, proofing), web-ready asset creation, accessibility standards understanding.

2. Reporting

The Employee shall report to:

• Option A: Lead Designer
• Option B: Creative Director
• Option C: Marketing Manager
• Option D: [Other Position]

Communication Expectations: Communicate effectively with cross-departmental teams and participate in client-facing collaborations as required.

3. Place of Employment

The primary place of employment is [Employer Business Location in South Dakota].

• Option A: Remote/Hybrid Work: Eligible for remote/hybrid work under the Employer’s policy.
• Option B: Off-Site Work: Subject to approval and adherence to the Employer's off-site work policy.
• Option C: Equipment/Software: Employer will provide necessary equipment and software.

Data Privacy: Comply with company and South Dakota data privacy best practices.

4. Full-Time Employment

Full-time employment is defined as [Number] hours per week.

• Option A: Work Schedule: [Specify Daily/Weekly Work Schedule].
• Option B: Core Hours: Expected core hours are [Specify Core Hours].
• Option C: Flextime/Adjusted Hours: Subject to Employer approval.
• Option D: Overtime: [Exempt/Non-Exempt]. Overtime, if applicable, will be paid in accordance with South Dakota law for non-exempt employees, that is, for all hours worked over 40 in a workweek.
• Option E: Rest/Meal Breaks: [Specify Rest/Meal Break Schedule in Accordance with Company Standards and Practices] (Note: South Dakota law does not mandate meal or rest breaks).

5. Compensation

The Employee shall receive compensation as follows:

• Option A: Base Salary: [Dollar Amount] per [Year/Hour].
• Option B: Pay Frequency: [Bi-weekly/Monthly].
• Option C: Direct Deposit: Compensation will be paid via direct deposit.
• Option D: Overtime Pay: Paid at a rate of 1.5 times the regular rate of pay for hours worked over 40 in a workweek (if non-exempt, in accordance with South Dakota law).
• Option E: Holiday Pay: Paid in accordance with company policy and South Dakota law.
• Option F: Bonuses/Commissions: [Specify details of any bonuses, commissions, profit-sharing, incentive programs].
• Option G: Stock/Equity Options: [Specify details if applicable].

6. Benefits

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

• Option A: Health Insurance: Eligibility for health, dental, and vision insurance.
• Option B: Flexible Spending/HSA: Eligible for flexible spending or HSA options.
• Option C: Retirement Plan: Company retirement plan ([401k/SIMPLE IRA]) with [Employer Matching Details].
• Option D: Paid Time Off: [Specify Vacation/Holidays, Minimum Sick Leave (if provided), Bereavement, Jury Duty]. (Note: South Dakota does not mandate paid leave.)
• Option E: Professional Development: Coverage of industry-specific professional development ([Design Workshops, Software Training, Certification Reimbursement]).
• Option F: Remote Work Stipends: [Specify Amount and Terms].
• Option G: Other Benefits: [Specify Parking/Travel/Relocation Assistance, Employee Welfare Programs].

7. Intellectual Property

All creative work, concepts, deliverables, source files, and derivative artwork created during employment or using Employer assets is “work made for hire” owned by the Employer under South Dakota and federal IP law.

• Option A: Moral Rights Waiver: Employee waives moral rights where legally permissible.
• Option B: Portfolio Samples: Retention of sample works for portfolio purposes requires written consent, confidentiality, and client release.

8. Confidentiality

The Employee shall maintain strict confidentiality regarding trade secrets, proprietary templates, design briefs, project budgets, customer data, and strategic plans.

• Option A: Restriction: Unauthorized sharing or use is prohibited both during and post-employment.

9. Outside Activities

The Employee’s involvement in freelance or outside design work is subject to:

• Option A: Employer Consent: Requires prior employer consent.
• Option B: Conflict of Interest: Must avoid conflicts of interest.
• Option C: Company Assets: Prohibition on using company assets/software for non-company work.

10. Non-Competition/Non-Solicitation

• Option A: Non-Compete: Non-compete agreement [Terms and Conditions - specify reasonable duration, geography, and role limitations tailored to the design/creative industry, compliant with South Dakota law.].
• Option B: Non-Solicitation: Employee will not solicit the Employer's clients or employees during and for a period of [Number] months after termination of employment.
• Option C: Non-Disparagement: Employee agrees not to disparage the Employer at any time.

11. Quality and Behavioral Standards

The Employee shall:

• Meet creative briefs and adhere to deadlines.
• Communicate accurately and professionally with clients.
• Use only legal/licensed design materials.
• Comply with company policy on social media and public display of work.

12. IT Security

The Employee shall comply with all Employer IT security protocols, cloud asset management, data storage rules, and guidelines for protecting large/digital file transfers.

13. Performance Reviews

Performance reviews will be conducted [Frequency - e.g., annually].

• Option A: Productivity Metrics: [Specify project turnaround, revision rates, client satisfaction metrics].

14. Termination

This is an at-will employment relationship, as recognized in South Dakota.

• Option A: Termination by Employer: Employer may terminate employment with or without cause.
• Option B: Voluntary Resignation: Employee must provide [Number - e.g., 2] weeks written notice.
• Option C: Last Paycheck: Paid on next regular payday in accordance with South Dakota law.
• Option D: Return of Property: Employee must return all company equipment and transfer accounts/software licenses upon termination.
• Option E: Preservation/Return of Assets: Employee must preserve or return design assets per company policy.

15. Severance

• Option A: Severance: [Specify Severance Terms, if any].
• Option B: Accrued Leave Payout: [Specify policy on accrued leave payout].
• Option C: COBRA: Continuation of benefits rights in line with company policy and federal COBRA.

16. Anti-Discrimination/Equal Opportunity

The Employer is an equal opportunity employer and complies with all applicable federal and South Dakota anti-discrimination laws.

• Option A: Policy: [Refer to Company’s Anti-Discrimination and Harassment Policy].
• Option B: DEI Initiatives: [Describe Company's DEI Initiatives as Related to Creative Workforce].

17. Dispute Resolution

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

• Option A: Negotiation: Good faith negotiation between the parties.
• Option B: Mediation: Mediation prior to any legal action.
• Option C: Arbitration: Binding arbitration in [City, County, South Dakota].

18. Governing Law

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

19. South Dakota Notices

• Option A: Workers' Compensation: The Employer will provide workers' compensation insurance as required by South Dakota law.
• Option B: Mandatory Reporting/OSHA: Compliance with mandatory reporting requirements and OSHA practices related to graphic designers (ergonomics, repetitive motion).
• Option C: Privacy Protection: Protection of personal data in accordance with state/federal law.

20. Acknowledgment

The Employee acknowledges having received the Employee Handbook and all workplace policies.

21. 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.

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

_______________________________
[Employer Legal Name]

By: _______________________________
[Employer Representative Name]

Title: [Employer Representative Title]

Date: _______________________________

_______________________________
[Employee Full Legal Name]

Date: _______________________________