Rookie 73 - Contracts!

Jem · rookie Joined: 25 Mar 2007 Posts: 14

In the latest podcast, Adam mentioned using contracts and high-lighted the importance of them. I must say that I have never used one and now think I should probably start!

How do you go about giving a client a contract? Is it something that is welcomed by the client? What do you hold in the contract? What happens if you spend time on a project that the client then does not like - and then does not want to pay for?

To be honest, I don't really know where to start.

Any ideas or suggestions?

Thanks

Jem

Ignite · Posted: Fri Apr 13, 2007 6:16 am Post subject:

You should ALWAYS use one, imo. If the client balks at a reasonable contract then you probably shouldn't trust them (or work with them)

rookie · Site Admin Joined: 14 Nov 2005 Posts: 843

Absolutely agree with what Ignite said! I submit my contract as part of my quote or estimate. This way they are agreeing to the price of the project, and at the same time agreeing to my terms.

I include stipulations about when the total balance needs to be paid, who ultimately owns the artwork (me!), what happens if the project is cancelled (they lose deposit) and others.

I assume since you have never used a contract that you don't secure deposits either. This is also a bad move. You should always get at least 25% up front in case the client decides to split on the bill. With a deposit at least its not a total loss!

Check out My Contract. I think its pretty simple, not too overbearing for clients and covers my ass on many issues that could arise. Now keep in mind, this isn't legally air tight, but it beats nothing at all. In reality, if someone refuses to pay, it would have to be a pretty big job for me to take them to court.
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Prepressology · mvp Joined: 29 Nov 2006 Posts: 328 Location: Upstate NY

I made the mistake ONCE and lost a couple hundred dollars because of it. I am thankful because I have known other designers to lose thousands. Honestly, be smart...don't be one of them. Get a contract, use a contract. Even with your best friend. That sounds odd but trust me. USE A CONTRACT.

Rookie - thanks for sharing yours!! I'll have to look it over. I know mine is nothing special, so this will help me improve mine.

Ignite - excellent point. if they balk...RUN! Razz

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Ignite · Posted: Sun Apr 15, 2007 3:19 pm Post subject:

rookie · Site Admin Joined: 14 Nov 2005 Posts: 843

Absolutely not! That is why I put it up there. You can use it verbatim if you want, although I must admit its not the most phenominal contract ever made!
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Ignite · Posted: Mon Apr 16, 2007 2:37 pm Post subject:

neepzeep · Posted: Sun Apr 22, 2007 10:46 am Post subject:

What do you guys think about getting legal consultation on the formulation of a contract? Would it be a smart move to consult a lawyer or someone that deals with legal contracts so they can inform you of the legality of your proposed contract? Has anyone here done this, and if so, what was the experience like?
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rookie · Site Admin Joined: 14 Nov 2005 Posts: 843

Sounds like a good idea to me, but you'll most likely end up paying for the time they spend with you on this. If you have the budget to pay for it, then it would obviously be a great step toward drawing up a legal and sound contract.
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Prepressology · mvp Joined: 29 Nov 2006 Posts: 328 Location: Upstate NY

I agree with Rookie. I think the biggest thing that keeps people from seeking this kind of help is the money invovled. Personally, if you have the money to do it you might as well. The more solid your contract is the better off you'll be if something happens.
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kaptinfly · Posted: Fri Jun 19, 2009 7:47 pm Post subject:

Rookie I noticed that you had a sample contract posted but it is no longer available. I wanted to take a look and see what all is included in one. Also does anyone know of any good resources for other types of forms for freelancing of a design business in general?

Kitty · mvp Joined: 21 Dec 2005 Posts: 445 Location: Guatemala

Look in Freelance Switch. I think that on their forums they had some pretty good examples of contracts. If you can't find any, send me your email address on a Private Message and I'll make sure to send you a couple I have around when I get back home (I'm working remotely so I don't have access to them right now).

Cheers,

Kitty

Edit: Here's an article about Contracts that's pretty interesting
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