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  1. #1
    Twitter - @CarlBeckel busy's Avatar
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    America|Germany graphic design contract

    I'm in the US and I'm getting ready to work with a graphic designer in Germany.

    We're running into a problem concerning the wording of our contract, especially the following two sections. Her lawyer advised her that in Germany, these agreements are not acceptable.

    10.Indemnification
    The designer agrees that it shall defend, indemnify, save and hold the company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with the designer’s work on the project. This includes liabilities asserted against the company, its subcontractors, its agents, servants, officers, and employees, which may arise or result from any service provided, performed or agreed to be performed or any product sold by the designer, its agents, employee, or assigns. This includes infringing on the proprietary rights of a third party and copyright infringement.

    13.Arbitration
    In any case where this agreement is in dispute, and requires any third party arbitration, the designer shall pay all arbitration and court costs, reasonable attorney's fees and legal interest on any award or judgment in favor of the company. Both parties agree to use arbitration as a last resort only when all other attempts to settle a dispute have failed.
    I hadn't given these areas much thought, as they were pretty much cut and paste from other contracts I've looked at, but I know different countries have different views on legal issues like this.

    What I'm looking for is advice on how to reword these areas to still be fair and properly protect both parties, and be acceptable to everyone.

    Also if anyone has a link to a German graphic design contract written in English that would be awesome!

    Thanks!

  2. #2
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    Quote Originally Posted by busy
    I'm in the US and I'm getting ready to work with a graphic designer in Germany.

    We're running into a problem concerning the wording of our contract, especially the following two sections. Her lawyer advised her that in Germany, these agreements are not acceptable.



    I hadn't given these areas much thought, as they were pretty much cut and paste from other contracts I've looked at, but I know different countries have different views on legal issues like this.

    What I'm looking for is advice on how to reword these areas to still be fair and properly protect both parties, and be acceptable to everyone.

    Also if anyone has a link to a German graphic design contract written in English that would be awesome!

    Thanks!
    My german law knowledge is 6 years old and I am *not* a lawyer. As far as I know, you cannot indemnify yourself from willful actions and a couple of other things, such as product warranty laws etc. It depends on the exact product and how exactly the service is produced (intention and facts count, not what you write into a contract). Best to talk to a german lawyer or someone experienced with this. If you don't have a Fermany compatible separation clause, the whole contract might be void. Also, in which court do you want to enforce this contract? States or germany?

    HTH, Jochen
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  3. #3
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    Considering the fact that they have a lawyer, I think you should do the same. Don't take the legal advice of forum posters.

  4. #4
    Twitter - @CarlBeckel busy's Avatar
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    Quote Originally Posted by jdog
    Also, in which court do you want to enforce this contract? States or germany?

    HTH, Jochen
    I guess the states, since we both speak English and I don't speak any German. I like that intent carries more weight than ink over there though. It's a little subjective, but less shady.

    And yes, I know to only take legal advice as valid when it comes from a lawyer. I told her to have her lawyer rewrite the offending sections and we'll see what that looks like. And of course if I need to get a lawyer I will.

    But I'm still going to ask about it here.


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