Utah graphic designer employment contract template

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How Utah graphic designer employment contract Differ from Other States

  1. Utah's employment laws strongly favor at-will employment, making it easier to terminate employment compared to some other states.

  2. Non-compete clauses in Utah are limited to one year and must be reasonable in scope, unlike in some states with stricter or looser policies.

  3. Utah law requires payment for all earned wages within 24 hours of termination, which is faster than many other states’ requirements.

Frequently Asked Questions (FAQ)

  • Q: Is a written contract required for graphic designers in Utah?

    A: A written contract is not legally required, but it is strongly recommended to protect both employer and employee rights.

  • Q: Can a Utah graphic designer be subject to a non-compete agreement?

    A: Yes, but Utah limits non-compete agreements to a maximum of one year after employment ends and to reasonable restrictions.

  • Q: How soon must a terminated designer be paid in Utah?

    A: Utah law requires all final wages to be paid within 24 hours after written or oral notice of termination.

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Utah Graphic Designer Employment Agreement

This Utah Graphic Designer Employment Agreement (the "Agreement") is made and effective as of [Effective Date], by and between:

[Employer Name], a company located at [Employer Address, including city, state, and zip code in Utah] ("Employer"),

and

[Designer Name], residing at [Designer Address, including city, state, and zip code in Utah] ("Designer").

1. Employment

Option A: Employer hereby employs Designer as a full-time Graphic Designer.

Option B: Employer hereby employs Designer as a part-time Graphic Designer. (Note: If part-time, revise subsequent clauses accordingly regarding benefits.)

2. Job Duties

The Designer's primary responsibilities include, but are not limited to:

  • Visual concept ideation and development.
  • Digital and print design execution.
  • Brand asset creation and maintenance.
  • UI design (as applicable).
  • Application of typography, layout, and color theory principles.
  • Image editing and manipulation.
  • Collaboration with clients and stakeholders.
  • Versioning and finalization of design files.
  • Prepping artwork for printers and vendors.
  • Maintaining digital asset management best practices.
  • Participating in creative brainstorming sessions.
  • Attending cross-functional team meetings and design reviews (Utah-based or remote).

The Designer will also be responsible for [Specific Utah-Based Project Deliverables, e.g., Utah marketing collateral, regulatory signage design].

3. Required Skills and Tools

Designer must be proficient in:

  • Adobe Creative Cloud Suite (Photoshop, Illustrator, InDesign).
  • [Figma/Sketch or other UI design software, if applicable].

Designer is required to use the following hardware/workstation: [Specify hardware and workstation requirements].

Designer is required to use the following digital tools and project management platforms: [List project management platforms and other relevant tools].

4. Reporting Structure and Performance

The Designer will report directly to [Direct Supervisor/Art Director/Creative Manager].

Performance will be evaluated based on:

  • Timely completion of projects.
  • Quality of design work.
  • Adherence to brand guidelines.
  • Client satisfaction.
  • [Specific performance metrics tied to design deliverables or project milestones].

5. Full-Time Employment Status and Hours

The Designer's employment is full-time, as defined by Utah law.

Standard weekly working hours are [Number] hours per week.

Overtime work, if required, will be compensated in accordance with Utah's minimum wage and hour laws.

Designer is eligible for break and rest periods as required by Utah law.

Option A: This position is primarily office-based.

Option B: This position offers flexibility for remote/hybrid work, subject to Employer's policies. (Ensure compliance with Utah-specific insurance, tax, and payroll laws if Designer works out-of-state.)

6. Compensation

Option A: The Designer's annual salary is [Dollar Amount].

Option B: The Designer's hourly rate is [Dollar Amount].

The Designer will be paid [Pay Cycle, e.g., bi-weekly].

Overtime compensation will be paid at a rate of 1.5 times the regular hourly rate for hours worked over 40 in a workweek, as required by Utah statute.

Option A: The Designer is eligible for performance bonuses based on [Specific criteria for bonus eligibility].

Option B: The Designer is not eligible for performance bonuses.

The Designer will be reimbursed for reasonable and necessary work-related expenses, including:

  • Stock photo licensing.
  • Color proofs.
  • Local mileage for site visits ([Mileage rate, compliant with IRS standards]).

7. Benefits

The Designer is eligible for the following benefits, subject to the terms and conditions of the applicable plans:

  • Health insurance.
  • Dental insurance.
  • Vision insurance.
  • Life/AD&D insurance.
  • Short-term disability insurance.
  • Long-term disability insurance.
  • Retirement/401(k) plan ([Specify plan administration details]).
  • Paid vacation leave ([Number] days per year).
  • Paid sick leave ([Number] days per year).
  • Paid parental leave ([Number] weeks).
  • Paid Utah observed holidays.
  • Option A: Remote work stipend ([Dollar Amount] per month).
  • Option B: No remote work stipend.
  • Option A: Reimbursement for design conference attendance ([Amount and limitations]).
  • Option B: No reimbursement for design conference attendance.
  • Professional development opportunities.

The Employer reserves the right to modify or terminate these benefits at any time, subject to applicable law.

COBRA or Utah mini-COBRA provisions will apply upon termination of employment.

8. Workplace Accommodations

The Employer is committed to providing reasonable accommodations to qualified individuals with disabilities in accordance with the Americans with Disabilities Act (ADA) and the Utah Antidiscrimination Act. Designer should notify Employer of any needed accommodation.

9. Intellectual Property

All visual work, source files, mockups, templates, and creative assets produced by the Designer during their employment shall be considered "works made for hire" and shall be the sole and exclusive property of the Employer.

Option A: Designer is permitted to use work created during employment in their professional portfolio with prior written consent from the Employer/Client.

Option B: Designer is permitted to use work created during employment in their professional portfolio without explicit consent, but must anonymize client details.

Designer shall disclose any pre-existing work or Designer's own fonts/art used in Employer projects.

Designer shall ensure compliance with all open-source or third-party license requirements.

10. Confidentiality

The Designer agrees to maintain the confidentiality of all proprietary design concepts, client identities, marketing plans, pricing, unpublished campaigns, and sensitive internal processes.

This confidentiality obligation shall continue [Duration, e.g., indefinitely] after termination of employment.

Exclusions from confidentiality include information that is publicly available through no fault of the Designer.

Designer shall adhere to any NDA continuity requirements for sensitive Utah-based clients.

11. Client Interaction

The Designer will adhere to the Employer's policies and procedures for client interaction, revision turnaround, feedback management, and communication etiquette.

12. Digital Rights and Usage Restrictions

The Designer understands and agrees to abide by all digital rights and usage restrictions related to creative materials. The designer warrants originality and compliance with IP laws and is responsible for indemnification against copyright infringement, misrepresentation, or unauthorized use of creative materials.

13. Professional Conduct

The Designer will maintain professional conduct at all times, including responsible social media use, refraining from disparaging the Employer or its clients, and adhering to anti-harassment expectations.

All visual content created by the Designer shall comply with Utah industry norms.

The Designer will adhere to all applicable data privacy laws.

14. Use and Return of Company Assets

Upon termination of employment, the Designer shall return all company design equipment, software licenses, and digital assets.

The Designer will complete a Utah-specific checklist for asset return or deletion.

15. Termination

The Designer's employment is "at-will," meaning that either the Designer or the Employer may terminate the employment relationship at any time, with or without cause, subject to Utah labor laws.

Option A: The Employer requires [Number] days' written notice of termination from the Designer.

Option B: The Employer does not require a specific notice period from the Designer.

Grounds for termination include, but are not limited to, [List potential grounds for termination].

Final compensation will be paid in accordance with Utah law.

Unused PTO will be paid out in accordance with Utah law and Employer policy.

Option A: The Employer will provide severance pay upon termination without cause.

Option B: The Employer will not provide severance pay.

16. Post-Employment Restrictions

The Designer agrees not to solicit the Employer's clients or employees for a period of [Number] months following termination of employment.

The Designer agrees to continue to protect the Employer's confidential information after termination of employment.

Option A: The Designer agrees not to compete with the Employer within [Specific geographic area] for a period of [Number, maximum 12] months following termination of employment. This non-compete is necessary to protect the Employer's [Specific legitimate business interests, e.g., trade secrets, customer relationships], as permitted by Utah Code §34-51.

Option B: No non-compete agreement applies.

17. Work-Related Injuries

The Designer is covered by Utah workers' compensation laws for work-related injuries.

The Designer shall report any occupational hazards within the creative workspace to the Employer.

18. Dispute Resolution

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

  • First, good faith efforts at internal resolution.
  • Second, mediation in Salt Lake County, Utah.
  • Third, Option A: Arbitration in Salt Lake County, Utah, in accordance with the rules of the American Arbitration Association.
  • Third, Option B: Litigation in the state or federal courts located in Salt Lake County, Utah.

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

Venue for any legal action shall be in Salt Lake County, Utah.

19. Equal Employment Opportunity

The Employer is an equal opportunity employer and is committed to providing a workplace free from discrimination and harassment. The Employer does not discriminate on the basis of race, religion, gender, sexual orientation, national origin, age, disability, or any other protected category under Utah or federal law.

20. Utah-Specific Disclosures

The Employer complies with Utah's right-to-work laws.

The Designer will receive a payday notice as required by Utah law.

The Employer complies with E-Verify and all applicable immigration laws.

Option A: The Designer is subject to a criminal background check as required for this position.

Option B: The Designer is not subject to a criminal background check.

21. Optional Elements

Option A: The Designer will receive royalties for [Specify IP royalty arrangements].

Option B: The Designer will receive project-based incentives for [Specify project-based incentives].

The Employer offers customized leave policies for creative blocks.

The Employer offers a Utah-based peer review program.

The Employer offers a flexible workspace/equipment loan policy.

22. 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 Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

[Designer Name]

Signature: ____________________________

Date: ____________________________

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