Is exclusivity normal in a design services agreement?

Exclusivity is not standard in a design services agreement unless it comes with a guaranteed minimum retainer. A clause that requires you to turn away other work without paying you for that lost opportunity should be removed or paired with a minimum commitment.

What’s market-standard

For freelancers, no exclusivity, or exclusivity only within a narrowly defined category and only if the client commits to a minimum monthly retainer that reflects the opportunity cost.

Warning signs

• Full exclusivity with no minimum spend commitment
• Category defined so broadly it covers most of your potential clients
• Exclusivity continues during any 'pause' or 'hold' the client calls
• Applies for a fixed term the client can extend

Wording you can send

The Provider is not exclusive to the Client and may perform services for others, including in the same industry, provided the Provider complies with its confidentiality obligations and avoids working on a directly competing project as defined in Exhibit C. Any exclusivity requires a separate written addendum with a minimum monthly fee.

What it means for you

A requirement that you work only for this client, or not for anyone in a defined category, for the term. Unlike a non-compete it bites during the engagement, and without a matching minimum retainer it can leave you underpaid and unable to take other work.

Not legal advice. Gig Clause is software, not a law firm or a professional service, no attorney reviews, drafts, or is otherwise involved in anything it produces. It automatically highlights common contract issues and suggests negotiation language. Using it does not create an attorney-client relationship. For decisions with significant financial or legal consequences, consult a qualified attorney licensed in your jurisdiction. Clause standards vary by industry and location and change over time.