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Design Consultancy Agreement Template for New Zealand

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Key Requirements PROMPT example:

Design Consultancy Agreement

"I need a Design Consultancy Agreement for my UX design agency based in Auckland, providing services to a large tech company, with specific provisions for remote work and protection of our design methodologies."

Document background
The Design Consultancy Agreement is a specialized contract used in New Zealand to formalize the relationship between professional design service providers and their clients. This document is essential when engaging design professionals for projects ranging from graphic design to architectural services. It sets out the framework for service delivery, including scope, deliverables, timelines, and commercial terms, while protecting both parties' interests through clear allocation of responsibilities and rights. The agreement incorporates New Zealand legal requirements and industry best practices, making it suitable for both small-scale projects and complex design engagements. It addresses key aspects such as intellectual property rights, professional liability, and quality standards, while remaining flexible enough to accommodate various design disciplines and project types.
Suggested Sections

1. Parties: Identifies and defines the parties to the agreement - the Design Consultant and the Client

2. Background: Sets out the context of the agreement, including the Client's needs and Consultant's qualifications

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Appointment and Term: Establishes the formal appointment of the consultant and duration of the agreement

5. Scope of Services: Outlines the design services to be provided, including deliverables and any excluded services

6. Consultant's Obligations: Details the consultant's duties, standards of service, and professional requirements

7. Client's Obligations: Specifies the client's responsibilities, including provision of information and access

8. Fees and Payment: Sets out the fee structure, payment terms, expenses, and invoicing process

9. Intellectual Property Rights: Addresses ownership and licensing of designs and other intellectual property

10. Confidentiality: Establishes obligations regarding confidential information and trade secrets

11. Liability and Insurance: Specifies liability limitations and required insurance coverage

12. Termination: Details circumstances and processes for ending the agreement

13. General Provisions: Contains standard legal provisions including notices, assignment, and governing law

Optional Sections

1. Performance Standards: Detailed quality standards and KPIs - include when specific performance metrics are required

2. Variations: Process for changing scope or services - include for complex or long-term projects

3. Project Management: Project governance and reporting structures - include for large or complex projects

4. Subconsultants: Terms for engaging and managing subconsultants - include if subconsultants may be needed

5. Moral Rights: Specific provisions regarding moral rights in designs - include for creative works

6. Non-Competition: Restrictions on working with competitors - include if commercially sensitive

7. Client Reference Rights: Terms for using client as reference - include if portfolio rights are important

8. Data Protection: Specific data handling requirements - include if dealing with personal or sensitive data

9. Force Majeure: Provisions for unforeseen circumstances - include for long-term or high-risk projects

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of design services, deliverables, and methodology

2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, and payment milestones

3. Schedule 3 - Project Timeline: Project phases, milestones, and delivery dates

4. Schedule 4 - Key Personnel: Details of key team members and their roles

5. Schedule 5 - Client Materials: List of materials and information to be provided by the client

6. Schedule 6 - Design Brief: Detailed design requirements and specifications

7. Appendix A - Insurance Requirements: Specific insurance types and coverage levels required

8. Appendix B - Required Forms: Standard forms for project management, variations, or sign-offs

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





































Clauses









































Relevant Industries

Architecture

Graphic Design

Interior Design

Industrial Design

Web Design

Fashion Design

Product Design

User Experience (UX) Design

Landscape Design

Brand Design

Digital Media

Construction

Retail

Technology

Manufacturing

Entertainment

Real Estate

Advertising

Publishing

Relevant Teams

Legal

Procurement

Design

Creative

Operations

Business Development

Project Management

Commercial

Finance

Client Services

Risk Management

Compliance

Marketing

Relevant Roles

Design Director

Creative Director

Project Manager

Legal Counsel

Contract Manager

Procurement Manager

Business Development Manager

Operations Manager

Design Consultant

Graphic Designer

Interior Designer

Product Designer

UX Designer

Art Director

Brand Manager

Chief Creative Officer

Design Coordinator

Client Services Manager

Commercial Manager

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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