Tennessee graphic designer employment contract template

Tennessee Graphic Designer Employment Contract

This Tennessee Graphic Designer Employment Contract (the "Agreement") is made and entered into as of [Date], by and between [Employer Full Legal Name], a [State] [Business Type, e.g., Corporation], with its principal place of business at [Employer Address] ("Employer"), and [Designer Full Legal Name], residing at [Designer Address] ("Designer").

1. Employment

Option A: Employer hereby employs Designer, and Designer hereby accepts employment with Employer, as a full-time Graphic Designer, subject to the terms and conditions set forth herein.

Option B: Effective [Start Date], Employer will employ Designer as a full-time Graphic Designer under the terms outlined in this agreement.

2. Job Description

Option A: Designer's primary responsibilities will include, but are not limited to:

• Concept development and design for visual content.
• Creation of graphics for print and digital media.
• Branding design, logo creation, and identity work.
• Design for advertising, social media, web, and multimedia projects.
• Collaboration with marketing and product teams.
• Project management for design projects.
• Asset Management of design files.

Option B: Designer will perform the following tasks, ensuring high creative standards and brand compliance:

• Designing marketing materials, websites, and digital assets using Adobe Creative Suite ([Specific Versions]).
• Developing brand guidelines and maintaining visual consistency across channels.
• Participating in team brainstorming sessions and client meetings.
• Manage design assets following established protocols.

3. Skills and Tools

Option A: Designer must be proficient in:

• Adobe Creative Suite ([List Specific Programs & Version Proficiency Levels]).
• [Other Software, e.g., Figma, Sketch]
• [Motion Graphics Software, e.g., After Effects]
• [Knowledge of UX/UI Principles]

Option B: Designer will utilize the following tools and be proficient in the following areas:

• Adobe Creative Suite: Photoshop, Illustrator, InDesign (Expert Level).
• Figma (Intermediate Level).
• Understanding of design principles, typography, and color theory.
• Knowledge of print production processes and digital file formats.

4. Reporting and Supervision

Option A: Designer will report to [Reporting Manager Title]. Designer [will/will not] supervise other employees.

Option B: Designer will report directly to the Creative Director and will collaborate with the Marketing Team Lead on project execution. Designer has no supervisory responsibilities.

5. Work Location and Remote Work

Option A: Designer's primary work location will be at [Employer Address], located in [City], Tennessee.

• Option 1: Work is primarily on-site.
• Option 2: Work is primarily remote.
• Option 3: Work is hybrid, with [Number] days on-site per week.

Option B: The primary work location is the Employer's office in Nashville, Tennessee. If remote work is approved, Employer will provide [List of Equipment, e.g., Laptop, Software Licenses]. Designer is responsible for maintaining data security and protecting confidential client information.

6. Employment Type and Work Hours

Option A: This is a full-time, at-will employment under Tennessee law. Standard work hours are [Number] hours per week, from [Start Time] to [End Time], [Days of the Week].

• Option 1: Overtime [is/is not] required. Overtime will be paid at a rate of 1.5 times the regular hourly rate for non-exempt employees, in accordance with the FLSA and Tennessee law.
• Option 2: Designer is [exempt/non-exempt] from overtime pay under the FLSA.

Option B: The position is a full-time, at-will employment, 40 hours per week, Monday-Friday 9:00 AM to 5:00 PM. Overtime may be required to meet project deadlines and will be compensated as per Tennessee law. Employer provides a [Time Length] unpaid meal break.

7. Compensation

Option A: Designer will receive an annual salary of [Salary Amount], payable [Payment Frequency, e.g., bi-weekly].

• Option 1: Designer is eligible for a performance-based bonus of up to [Bonus Percentage]% of their annual salary, based on the achievement of [Specific Performance Metrics].
• Option 2: Designer will be reimbursed for reasonable, pre-approved design-related expenses, such as [Examples, e.g., software licenses, stock photos].

Option B: Employer shall pay Designer a bi-weekly salary of [Salary Amount]. Reimbursement for design-related expenses, such as font licenses and software subscriptions, will be approved in advance by the Creative Director.

8. Benefits

Option A: Designer is eligible for the following benefits:

• Health insurance.
• Dental insurance.
• Vision insurance.
• 401(k) retirement plan.
• [Number] days of paid vacation per year.
• [Number] days of paid sick leave per year.
• [List of Paid Holidays, specifying Tennessee-observed holidays].
• [Allowance Amount] for professional development per year.

Option B: Designer is eligible for company health insurance, dental insurance, and a 401(k) plan. Employer provides [Number] days of paid time off (PTO) annually to cover vacation, sick leave, and personal time. Paid holidays include New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Employer will provide [Allowance Amount] annually for approved design-related conferences and training.

9. Intellectual Property

Option A: All works, designs, drafts, mockups, and related assets created by Designer during employment are considered "works made for hire" and are the sole property of Employer.

• Option 1: Employer owns all rights, title, and interest in and to such works, including derivative and modified works.
• Option 2: Designer grants Employer a perpetual, irrevocable, worldwide license to use any pre-existing portfolio or freelance works incorporated into Employer's projects.

Option B: All design work created by Designer while employed by Employer, including but not limited to logos, marketing materials, and website designs, are considered works made for hire and are the exclusive property of Employer. Designer agrees to assign all rights and interests to Employer. Any use of open-source or royalty-free design elements requires prior written consent from the Employer.

10. Confidentiality

Option A: Designer agrees to hold confidential all client information, trade secrets, unreleased campaigns, and proprietary design methodologies of Employer.

• Option 1: This confidentiality obligation survives the termination of employment.
• Option 2: Designer will not disclose any confidential information to any third party without the prior written consent of Employer.

Option B: Designer acknowledges that they may have access to confidential information, including client data, marketing strategies, and internal business processes. Designer agrees to maintain the confidentiality of such information both during and after employment with Employer.

11. Non-Solicitation and Non-Competition

Option A: During employment and for a period of [Number] months following termination, Designer will not solicit clients or employees of Employer.

• Option 1: During employment and for a period of [Number] months following termination, and within a [Number]-mile radius of [Employer Address], Designer will not engage in any work that is competitive with Employer's business.
• Option 2: *This clause is intentionally left blank. No non-solicitation or non-competition agreement is intended.*

Option B: To protect Employer's legitimate business interests, Designer agrees not to solicit Employer's clients or employees for a period of twelve (12) months following termination of employment. This restriction applies only within the state of Tennessee. This is contingent on enforceability under Tennessee law.

12. Behavior Standards

Option A: Designer is expected to maintain professional standards in all creative collaborations and client interactions.

• Option 1: Designer will adhere to company IT security protocols and protect confidential data.
• Option 2: Plagiarism or unauthorized use of copyrighted materials is strictly prohibited.

Option B: Designer is expected to conduct themselves professionally, maintain client confidentiality, and adhere to Employer's code of conduct. Designer is responsible for using company technology responsibly and safeguarding brand standards. Plagiarism and copyright infringement are strictly prohibited.

13. Personal Work and Outside Activities

Option A: Designer [is/is not] permitted to engage in personal creative work or outside freelance activities.

• Option 1: Designer must disclose any potential conflicts of interest to Employer.
• Option 2: Designer must obtain prior written approval from Employer for any freelance work with other design firms.

Option B: Designer may engage in personal creative work outside of work hours, provided it does not conflict with Designer's duties to Employer or involve the unauthorized use of Employer's resources or confidential information. Disclosure of outside freelance work to other design firms is required for Employer approval.

14. Termination

Option A: This is an at-will employment, terminable by either party at any time, with or without cause, subject to the following:

• Option 1: Designer shall provide [Number] weeks' written notice of resignation.
• Option 2: Employer may terminate Designer's employment immediately for cause, including but not limited to gross misconduct, dishonesty, or violation of company policy.
• Option 3: Upon termination, Designer shall return all company property, including laptops, passwords, and design files.

Option B: As an at-will employee, either party may terminate this agreement at any time with or without cause. Designer agrees to provide two (2) weeks written notice of resignation. Upon termination, Designer must return all company property and digital assets to Employer. Final pay will be distributed per Tennessee state law.

15. Dispute Resolution

Option A: Any disputes arising out of or relating to this Agreement shall be resolved through good faith negotiation. If negotiation fails, the parties agree to submit to mediation in [City], Tennessee.

• Option 1: If mediation is unsuccessful, the parties agree to binding arbitration in accordance with the rules of the American Arbitration Association.
• Option 2: This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee.

Option B: All disputes will be resolved through good faith negotiation. If negotiation is unsuccessful, disputes will be subject to mediation in Nashville, Tennessee. This Agreement shall be governed by the laws of the State of Tennessee.

16. Workers' Compensation and Safety

Option A: Employer provides workers' compensation coverage as required by Tennessee law. Designer must report any workplace injuries or illnesses to Employer immediately.

Option B: As required by Tennessee law, Employer maintains workers' compensation insurance. Designer agrees to adhere to all safety regulations and report any workplace injuries to management immediately.

17. Equal Opportunity and Anti-Discrimination

Option A: Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, age, national origin, disability, genetic information, or any other protected characteristic under Tennessee or federal law.

Option B: Employer is committed to providing a workplace free of discrimination and harassment. All employment decisions are made without regard to race, color, religion, sex, age, national origin, disability, genetic information, or any other characteristic protected by law.

18. Portfolio Rights

Option A: Upon termination, Designer may use completed work samples in their personal portfolio, provided that Designer maintains client confidentiality and obtains permission for public disclosure of award submissions.

Option B: Following termination, Designer may include work samples created during their employment in their personal portfolio. Designer must obtain written permission from Employer before publicly displaying any work that contains confidential client information or before submitting any work for award consideration.

19. Social Media Use

Option A: Designer must adhere to Employer's social media policy, which includes guidelines on branding, public comments about Employer/clients, and handling of in-progress work samples.

Option B: Designer's use of social media must adhere to Employer's guidelines and protect client confidentiality. Sharing of in-progress or confidential work samples without permission is prohibited.

20. Ethical Standards

Option A: Designer agrees to adhere to industry-specific ethical standards, such as the AIGA Code of Ethics.

Option B: Designer will uphold professional standards of integrity and ethical conduct, including compliance with any applicable client-specific regulatory requirements.

21. Amendment and Waiver

Option A: This Agreement may be amended only by a written instrument signed by both parties. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

Option B: Any changes to this Agreement must be made in writing and signed by both Employer and Designer. A waiver of any provision must be in writing to be effective.

22. Severability

Option A: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Option B: If any part of this agreement is deemed unenforceable, the remaining provisions will remain valid.

23. Entire Agreement

Option A: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter hereof.

Option B: This Agreement constitutes the complete and exclusive agreement between the parties regarding the terms of employment and supersedes all prior discussions and agreements, whether oral or written.

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

[Employer Full Legal Name]

By: [Employer Signature Block]

[Designer Full Legal Name]

By: [Designer Signature Block]