Graphic Design Terms For Brand Identity Packages

Selling brand identity packages is a great way to make your graphic design services clearer, easier to price and easier for clients to say yes to.

But once you move from one-off design jobs to packaged branding work, the details matter. Your client needs to know exactly what they're getting, when they need to pay and who owns the logo, colour palette, brand guide and other assets at the end.

A clear brand identity design contract can do a lot of heavy lifting here. It helps you look professional, keep the project on track and avoid awkward conversations when a client asks for just one more revision for the fifth time.

Do You Need A Brand Identity Design Contract?

Yes, you should use a written contract if you sell brand identity packages in New Zealand.

A brand identity project usually involves more than just designing a logo. You might be creating strategy notes, moodboards, logo concepts, final files, colour palettes, font recommendations, social media templates, brand guidelines and launch graphics.

Without a written agreement, it can be hard to prove what was included in your package and what was not. That can make it harder to recover unpaid invoices, charge for extra work or explain why the client doesn't yet have the right to use unfinished concepts.

Your graphic design terms and conditions don't need to feel heavy or intimidating. For a package-based service, your contract should simply make the project clear:

• What you'll deliver
• What the client needs to provide
• How many concepts and revisions are included
• When payments are due
• When ownership of the final work transfers
• What happens if the project stalls, expands or is cancelled

If you use standard terms of trade for most clients, remember that New Zealand's unfair contract terms rules under the Fair Trading Act 1986 can apply to standard form consumer contracts and small trade contracts. In practical terms, your terms should be balanced and reasonably necessary to protect your business, not one-sided for the sake of it.

What Should Your Brand Identity Package Include?

Your contract should list your deliverables as specifically as possible, because vague package descriptions are one of the fastest ways for scope creep to start.

For example, saying you'll provide a complete brand identity can mean very different things to different people. Your client might assume it includes website design, packaging mockups and Instagram highlight covers. You might have meant a logo suite and brand guide only.

A strong scope clause might set out:

• The number of initial logo concepts
• The number of revision rounds included
• The final logo variations, such as primary, secondary, icon and wordmark
• The file formats you'll provide, such as AI, EPS, SVG, PDF, PNG and JPG
• The colour palette, including HEX, RGB, CMYK or Pantone values where relevant
• Typography recommendations and whether font licences are included or excluded
• A brand style guide, including how many pages or sections it will cover
• Any social media templates, stationery items or marketing collateral
• The number of meetings, calls or presentation sessions included
• The expected project timeline, including client feedback timeframes

You should also spell out what isn't included. This is especially useful if clients often assume your package covers things like printing, copywriting, web development, brand naming, trade mark registration, photography, illustration or ongoing social media design.

Example: A Clearer Package Scope

Say Ana runs a small design studio in Wellington. She sells a brand identity package for $3,500 plus GST. Her proposal says it includes a logo, colours and brand guide.

Halfway through the project, the client asks for packaging labels, a Shopify homepage mockup and a pitch deck, saying they thought those were part of the brand identity. Ana knows she didn't price for that work, but her scope is too broad to point to a clean boundary.

If Ana's contract said the package includes two logo concepts, two revision rounds, a 10-page brand guide and final logo files in specified formats, she would have a much easier time explaining that extra collateral can be quoted separately.

How Should You Handle Design Revisions?

Your design revisions clause should say how many revision rounds are included, what counts as a revision and when extra fees apply.

Revisions are a normal part of design work. The problem is that clients and designers often use the word revision differently. A client might see a full change of creative direction as feedback. You might see that as a new concept.

Your clause should cover the practical details, such as:

• How many rounds of revisions are included in the package
• Whether revisions apply to chosen concepts only or to all concepts
• How feedback must be provided, for example in one consolidated email
• How long the client has to give feedback before the timeline shifts
• What counts as a new concept or change in scope
• Your hourly rate or fixed fee for additional revision rounds

For example, you might include two rounds of revisions after the client selects one logo concept. If the client asks you to explore an entirely different style after approving the direction, your contract can treat that as extra work.

Try to avoid unlimited revisions unless you genuinely mean it and have priced for it. Under the Fair Trading Act, your marketing and contract terms shouldn't mislead clients about what they're buying. If your website says unlimited revisions but your contract quietly limits them, that inconsistency can create problems and frustrate clients.

What Counts As A Revision?

A helpful way to explain this is to separate refinements from new work.

Refinements might include:

• Changing colours within the agreed palette
• Adjusting spacing or alignment
• Trying a different font option within the same direction
• Making minor layout changes to a brand guide

New work might include:

• Creating a new logo concept after the concept stage has ended
• Designing new collateral that wasn't in the package
• Changing the brand name and reworking the identity around it
• Revisiting strategy after the client changes their target market

This doesn't have to sound harsh. You can write it in a client-friendly way that says extra requests are welcome and will be quoted before you start.

When Should The Client Pay For The Project?

Your contract should set payment milestones before work starts, because brand identity projects often take time and involve several stages.

Many designers ask for an upfront deposit, then further payments at key points in the project. The right structure depends on your pricing, client type and cash flow, but common options include:

• A deposit before the project is booked into your schedule
• A milestone payment after concept presentation
• A milestone payment before final files are released
• Monthly payments for larger brand identity programmes

Your terms should say whether prices include or exclude GST, when invoices are due and what happens if the client pays late. If you are GST-registered, make sure your pricing is clear so there's no confusion at invoice time.

You can also include a right to pause work if invoices are overdue. This is often more practical than pushing ahead while unpaid invoices build up. If you plan to charge late payment fees or interest, get advice on making those terms fair, clear and enforceable.

For final files, many designers prefer to release editable source files only after the final invoice is paid. That approach can work well, but your contract should say this clearly from the start. The client should know they're paying for a process and a final deliverable, not instant access to every working file from day one.

What If The Client Cancels Or Disappears?

Your contract should deal with cancellation, delays and client inactivity.

For example, you might say the deposit is non-refundable once work has started, because it covers scheduling, preparation and initial creative work. You might also say that if the client doesn't respond within a set period, the timeline will move and you may need to reschedule the project.

Be careful with harsh cancellation fees in standard terms. Under the unfair contract terms regime, a term that lets you keep large amounts without a fair link to your actual loss or work done may be challenged. A tailored clause usually works better than a generic template pulled from overseas.

Who Owns The Logo And Brand Assets?

Your contract should clearly say who owns the intellectual property in the final brand assets and when that ownership changes hands.

In New Zealand, copyright is governed by the Copyright Act 1994. Copyright can protect original artistic works, such as logo artwork, illustrations, layouts and design files. The default ownership position can depend on things like whether the work was created by an employee, whether it was commissioned and paid for, and what type of work it is.

For commissioned design work, the default rules can be surprising. In some cases, the client may own copyright in certain commissioned artistic works unless your agreement says otherwise. In other cases, you may own parts of the work unless you assign them. Rather than relying on default rules, your contract should spell out the deal in plain terms.

For a brand identity package, you might choose one of these approaches:

• Assignment on full payment: the client owns the final approved deliverables once all invoices are paid.
• Licence only: the client gets permission to use the work for agreed purposes, but you keep ownership.
• Mixed approach: the client owns the final logo and brand guide, while you keep ownership of unused concepts, templates, working files and pre-existing materials.

Most business clients expect to own their final logo once they have paid for it. That expectation is fair in many brand identity projects, but your contract should still protect your business. For example, you may want to keep rights in:

• Unused logo concepts and rejected drafts
• Your design process, methods, templates and brand strategy frameworks
• Pre-existing fonts, mockups, icons, illustrations or stock assets
• Working files that aren't listed as deliverables
• Portfolio images and case study materials, if the client agrees

A copyright assignment is separate from trade mark registration. If your client wants exclusive brand protection for their name or logo, they may need to apply to register a trade mark with IPONZ. Your design contract can say whether trade mark searches or applications are included. If they aren't included, say that clearly.

You should also think about moral rights. Designers can have rights to be identified as the author of their work and to object to certain treatment of the work. Your contract can deal with attribution, edits and how the client can use or adapt the final assets.

Can You Use The Work In Your Portfolio?

Yes, you can use the work in your portfolio if your contract gives you permission, but you should be careful with confidential launches and sensitive brands.

Portfolio rights matter because brand identity work is visual. You may want to post the final logo on your website, submit it for awards, share process images on Instagram or write a case study.

Your contract can say you may use the final approved work for self-promotion after the client has publicly launched the brand. If the client is still in stealth mode, rebranding before a public announcement or working in a sensitive industry, you may need written approval before posting anything.

You should also include confidentiality terms. During a branding project, you might receive business plans, customer research, product ideas, financial details, marketing strategy and unreleased names. A confidentiality clause helps reassure clients that you'll treat that information carefully.

If you collect personal information, such as client contact details, testimonials or customer research data, the Privacy Act 2020 may also apply. At a practical level, you should collect only what you need, store it securely, use it for the purpose you collected it for and be clear with clients about how you handle it.

What Other Terms Should Your Graphic Design Terms And Conditions Cover?

Your graphic design terms and conditions should cover the parts of the project that can affect time, money, risk and client expectations.

Alongside scope, revisions, payment and IP, think about including clauses for:

• Client responsibilities: what the client must provide, such as a completed brief, timely feedback, copy, images and approvals.
• Timelines: how project dates work and how delays caused by the client affect delivery.
• Approvals: when a stage is treated as approved and what happens if the client changes their mind later.
• Third-party materials: who pays for fonts, stock images, mockups, plug-ins and printing.
• File storage: how long you'll keep project files after completion.
• Warranties: what you promise about your work, and what you don't promise.
• Liability limits: reasonable limits on your exposure if something goes wrong.
• Subcontractors: whether you can use other creatives, such as illustrators, copywriters or developers.
• Credit and attribution: whether your name or studio credit appears anywhere.
• Consumer and business law: how the Consumer Guarantees Act 1993 applies if relevant.

If your client is acquiring your services for business purposes, you may be able to contract out of parts of the Consumer Guarantees Act if the agreement is in writing and it's fair and reasonable to do so. You can't use contract terms to mislead clients or avoid obligations that the law doesn't let you avoid.

Keep your terms consistent across your proposal, invoice, website and client emails. If your proposal says one thing and your terms say another, confusion can undo a lot of the protection you were trying to create.

Templates can be a useful starting point, but graphic design packages have their own pressure points. Your terms work best when they reflect how you actually sell, price and deliver your brand identity work.

Key Takeaways

• A brand identity design contract helps you define the scope, price, timeline and handover process for your branding packages.
• Your deliverables should be specific, including concepts, file formats, brand guide details, meetings and exclusions.
• A clear design revisions clause helps stop scope creep and makes extra work easier to quote.
• IP ownership should be dealt with in writing, especially copyright assignment, unused concepts, working files and portfolio rights.
• Your terms should be fair, consistent and tailored to New Zealand law, including the Fair Trading Act, Consumer Guarantees Act and Copyright Act.

If you'd like help with your graphic design terms and conditions, design revisions clauses, payment milestones and IP ownership terms, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.