Texas graphic designer employment contract template

Texas Graphic Designer Employment Contract

This Texas Graphic Designer Employment Contract (the “Agreement”) is made and effective as of [Date], by and between:

[Employer Legal Name], a Texas [Corporation/LLC/etc.] with a registered business address at [Employer Registered Address] (“Employer”), and

[Employee Full Legal Name], residing at [Employee Full Address] (“Employee”).

1. Employment

Option A: Employer hereby employs Employee as a Graphic Designer.

Option B: Employer agrees to hire Employee, and Employee agrees to be employed by Employer, as a Graphic Designer.

2. Position and Responsibilities

Employee's primary role is Graphic Designer. Responsibilities include, but are not limited to:

• Visual concept development.
• Creation of digital and print assets (advertisements, branding materials, social media graphics, web design interface elements, packaging, presentations).
• Client branding adaptation.
• Typography, color and layout selection.
• Photo editing.
• Pre-press preparation for print.
• Digital asset management.
• Use of design software (e.g., Adobe Creative Cloud suite, Canva, Sketch, Figma).
• Adherence to brand guidelines.
• Participation in client briefings and team creative reviews.
• Other duties as assigned by the Employer.

3. Skills and Qualifications

Employee represents and warrants possessing the following skills and qualifications:

• Proficiency in [List Required Software, e.g., Adobe Photoshop, Illustrator, InDesign, Figma].
• Basic understanding of UX/UI principles.
• Portfolio demonstrating expertise in [Specify Design Styles/Areas].
• Familiarity with accessibility and copyright best practices.
• Option A: [Specify Certifications, if any]

4. Reporting Structure

• Option A: Employee will report directly to the Senior Designer.
• Option B: Employee will report directly to the Marketing Director.
• Option C: Employee will report to [Job Title].

Employee will provide regular deliverables, including [List Deliverables] according to project timelines established by the Employer and participate in feedback cycles with [Stakeholder Names/Teams].

5. Work Location

• Option A: The primary work location is [Specific Texas Address].
• Option B: This is a hybrid work arrangement. Employee will work from the office at [Specific Texas Address] on [Days of the Week] and remotely on [Days of the Week].
• Option C: This is a fully remote position, with Employee working from [Employee Address]. Employer will provide [Hardware and Software Provided] and IT support. Employee must be available during regular Texas business hours [Specify Hours]. Employee will track their time using [Time Tracking Method].

6. Employment Status and Work Hours

• Employee is a full-time employee, working approximately 40 hours per week.
• Option A: Employee is expected to be present at the office during regular business hours.
• Option B: Employee has flexibility in work hours subject to meeting deadlines and attending required meetings.
• Overtime:
  • Option A: Employee is exempt from overtime pay.
  • Option B: Employee is non-exempt and eligible for overtime pay at a rate of one and one-half (1.5) times their regular hourly rate for all hours worked over 40 in a workweek, as required by the Fair Labor Standards Act. Overtime must be pre-approved in writing by [Manager Name/Title].
• Breaks: While Texas law does not mandate rest or meal breaks, Employer provides [Describe Break Policy, e.g., 30-minute unpaid lunch break and two 15-minute paid breaks].

7. Compensation and Benefits

• Base Salary: Employee will receive an annual base salary of [Dollar Amount], payable in [Frequency, e.g., bi-weekly] installments in accordance with the Texas Payday Law.
• Option A: Base Wage: Employee will receive an hourly wage of [Dollar Amount], payable in [Frequency, e.g., bi-weekly] installments in accordance with the Texas Payday Law.
• Overtime Rate (if applicable): Calculated at 1.5 times the hourly rate.
• Bonus/Incentives:
  • Option A: Employee is eligible for a performance-based bonus, subject to meeting specific performance metrics as outlined in [Bonus Plan Document].
  • Option B: Employee is eligible for spot awards in recognition of exceptional work or contributions to successful campaigns. Awards are granted at the discretion of the Employer.
• Benefits:
  • Employer-sponsored health insurance: [Describe Coverage, e.g., Medical, Dental, Vision].
  • Retirement Savings: [Describe 401(k) or other retirement plan eligibility].
  • Paid Time Off (PTO): [Specify Vacation Days, Sick Leave Days, and Holidays], including any additional holidays observed by Texas businesses such as [List Holidays].
  • Professional Development: Employer will reimburse Employee up to [Dollar Amount] per year for approved professional development expenses, including workshops, software subscriptions, conferences, and continuing education.
• Ergonomic Workspace: Employer will provide an ergonomic workspace and access to resources to support Employee's physical well-being.
• Mental Health Support: Employer offers access to [Describe Mental Health Resources, e.g., Employee Assistance Program] to support Employee's mental health and well-being.

8. Intellectual Property

• All work, designs, concepts, drafts, and materials created by Employee during their employment, whether during work hours or otherwise, and using company resources are the sole and exclusive property of the Employer. Employee waives any and all moral rights in such works.
• Use of stock images or third-party assets requires prior approval from [Designated Approver] and must comply with U.S. Copyright law and Texas copyright employment doctrines.
• Use of open-source resources requires approval from [Designated Approver].
• Employee must disclose any pre-existing intellectual property that they intend to incorporate into their work for Employer.

9. Confidentiality

Employee agrees to hold all confidential information of Employer in strict confidence, including but not limited to: brand strategies, client information, marketing campaigns, proprietary templates, login credentials, and workflow processes. This obligation of confidentiality survives the termination of this Agreement, in accordance with the Texas Uniform Trade Secrets Act.

10. Outside Work and Conflicts of Interest

• Employee must seek prior written approval from [Designated Approver] for any outside design-related employment or freelance work.
• Employee agrees not to use company equipment or confidential information for any outside work.
• Employee agrees not to work for competing agencies or directly with Employer's clients outside the scope of this Agreement without written permission.

11. Non-Compete, Non-Solicitation, and Non-Disparagement

• Non-Compete (Optional - must be reasonable under Texas law): During the term of employment and for a period of [Number] months following termination, Employee agrees not to engage in any business that directly competes with Employer within a [Geographic Area, e.g., 50-mile radius of Employer's primary business location, specific Texas city or region], limited to the niche graphic design market of [Specific Design Services or Industry]. This restriction is necessary to protect Employer's legitimate business interests, including [Specific Business Interests, e.g., client relationships, proprietary design strategies].
• Non-Solicitation: During the term of employment and for a period of [Number] months following termination, Employee agrees not to solicit Employer's clients or employees.
• Non-Disparagement: Employee agrees not to disparage Employer, its products, services, or employees, either during or after the term of employment.

12. Return of Property

Upon termination of employment, Employee will immediately return all electronic files, drafts, mockups, physical equipment, and other property belonging to the Employer. Employee must also ensure the deletion of all digital assets from their personal devices.

13. Behavioral Standards and Professional Conduct

Employee is expected to adhere to the following standards of conduct:

• Observe company communication policy.
• Adhere to deadlines and feedback processes.
• Follow data management and security protocols.
• Proactively manage software licensing compliance.
• Attend required creative reviews and training sessions.
• Refrain from distributing offensive or unlawful content.
• Comply with anti-harassment and anti-discrimination guidelines.

14. Termination

• Employment is at-will, as governed by Texas law. Either party may terminate the employment relationship at any time, with or without cause.
• Option A: Probationary Period: Employee will be subject to a probationary period of [Number] months.
• Notice Period:
  • Option A: Employee must provide [Number] days written notice of resignation.
  • Option B: Employer must provide [Number] days written notice of termination, except for immediate termination for cause.
• Termination for Cause: Employer may terminate Employee's employment immediately for cause, including but not limited to breach of confidentiality, gross misconduct, or misappropriation of intellectual property.
• Final Paycheck: Employee's final paycheck, including any accrued and unused PTO, will be paid within six calendar days of termination, as required by the Texas Payday Law, or per the rules of the Texas Workforce Commission.
• Exit Interview: Employee will participate in an exit interview with Employer.
• Employer Reference Policy: [Describe Reference Policy].
• Access to Work Samples: Employee may request access to work samples for their portfolio, subject to Employer's discretion and written approval.

15. Governing Law and Dispute Resolution

This Agreement will be governed by and construed in accordance with the laws of the State of Texas. Any dispute arising under this Agreement will be resolved in the state or federal courts located in [County Name] County, Texas.

• Option A: Mediation: The parties agree to attempt to resolve any disputes through mediation before initiating litigation.
• Option B: Arbitration: Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association.
• Legal Fees: [Specify Legal Fee Allocation, e.g., Each party shall bear its own legal fees.].

16. Equal Employment Opportunity and Anti-Harassment

Employer is an equal opportunity employer and complies with all applicable laws prohibiting discrimination based on race, color, religion, sex, age, national origin, disability, sexual orientation, veteran status, or genetic information, as protected by the Texas Labor Code and federal law. Employer maintains a strict anti-harassment policy. Employees should report any incidents of discrimination or harassment to [Designated Contact Person/Department]. Employer is committed to supporting diversity, equity, and inclusion within its creative team.

17. Occupational Safety and Health

Employer will maintain a safe and healthy work environment in compliance with OSHA and Texas workplace safety mandates. This includes providing ergonomic workstations and equipment support for computer-based work. Employer maintains worker’s compensation insurance as required under Texas law: [Insert Worker's Compensation Insurance Policy Details] or Employee has been notified of their rights under the Texas Payday Law.

18. Digital Asset and Social Media Management

Employee is responsible for managing their personal and company social media activity professionally. Ownership and management of branded social media accounts are the responsibility of the employer. Use of design materials in public portfolios requires specific employer approval before public display.

19. 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 Representative Name]
[Employer Representative Title]
[Employer Legal Name]

____________________________
[Employee Full Legal Name]