On Freelance Contracts
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I apologize for my infrequent posting schedule. On top of being overwhelmed with work and participating in a month-long poetry challenge, I'm encountering a lot of issues over freelance contracts. I'll be covering these situations in detail when time allows, but until then, I'd like to open up my blog to a discussion of contracts.
Do you demand them? Do you have your own? Do you read through them thoroughly before you sign them? Do you make changes if you don't like the way something is worded? Do you back down from a lucrative assignment if those change requests are not made? Did you ever accept an assignment without one and go on to regret that decision?
I'm just trying to gauge just how intractable I'm being.
Labels: contracts, discussions
posted by Irreverent Freelancer @ 5:43 PM
12 comments
12 Comments:
I require a written agreement for almost every job. The only (rare) exception is a quick, low-cost ($300 or less) job for a long-term client. Most of the time, I write it; now and then, a client prefers to use theirs.
I have no hesitation requesting changes to a client contract. I also have a few negotiable clauses in my standard contract. I backed down from a huge contract a few years ago because the client insisted a typewritten "signature" was as good as a real signature and refused to sign it in his own hand. Huge red flag there.
I have occasionally accepted assignments without a contract, and regret it about half the time. Case in point: two months ago, I accepted a subcontracted writing assignment from a graphic designer whom I also consider a friend. The work was completed weeks ago and 2/3 of the payment is still owed to me. Meanwhile, end client hasn't even looked at the writing yet, and design hasn't even begun. Normally, I have a contract that says if revisions are not assigned within 14 days, the job is considered to be acceptable and payment in full is due. But my designer friend doesn't work that way, and since she brought in the client, and I don't have a contract, and because she does bring me assignments now and then, I don't feel like I can be pushy on this one.
I have a standard writer's agreement that I ask all new clients to sign. These stipulate the basics, as well as any specific terms (work specifics, rate details, etc.). Haven't had anyone balk yet!
Do you demand them?
I like to have some form of written agreement with most jobs I do (even a simple letter agreement will do or an emailed confirmation), if only to make the job's parameters, pay and deadline clear, as well as having a document to wave in front of a judge, if it (God forbid) ever came to that. I've done some work with no written contract (mostly for newspapers and, one time, a last-minute assignment for someone in a freelancers' group I'm in). Even then, I've usually confirmed the fee and deadline in an email. It's better than nothing.
Do you have your own?
I don't have a standard form, though when I write the contract, I be sure to include certain terms: exactly what I'm supposed to do, when I'm supposed to do it and how much it will cost, as well as any duties the person I'm working for must observe (such as providing source material, cooperating in preparing drafts or whatever they need to do, depending on the kind of work I'm doing). If I'm working for a flat fee, I'll ask for half the money up front, half upon completion. I also limit the number of revisions to one set. I like to spell this out, so if we go through more than one round, I can charge extra.
Do you read through them thoroughly before you sign them?
You better believe I do. I read them very closely (I used to practice law, so I'm expected to do this and, if it comes to litigation, the "I had no idea what I was signing, Your Honor" argument won't work for me--plus judges hold lawyers to a tougher standard in general). I want (and need) to know exactly what I'm agreeing to.
Do you make changes if you don't like the way something is worded?
I will ask for changes if I see something I'm uncomfortable with--like those horrible indemnity clauses (you can usually get them taken out or limit your liability in some way) or the ones that say you promise that absolutely nothing you write will infringe a copyright or cause any kind of legal problem at all (I try to add the phrase "in the best of my knowledge" to qualify any all-encompassing promises like that).
Do you back down from a lucrative assignment if those change requests are not made?
Depends on how much I want the change to be made--I had the chance to land a potentially lucrative research assignment. Then, I read the contract and noticed I'd be on the hook for "consequential damages" the client suffered in relying on my work. Consequential damages include things like lost profits--highly speculative to prove, plus they can add up big time, so I wasn't willing to take up-front responsibility for them. They refused to omit it and I declined the job (feeling sadder, but safer, for doing so).
I've declined other work involving form contracts where I couldn't negotiate terms to my satisfaction. They weren't lucrative, which made it easier.
Did you ever accept an assignment without one and go on to regret that decision?
As I mentioned, I've handled some work (mostly for newspapers) without a contract. Never had a problem.
Almost every job I take on (with the possible exception of a few magazine gigs) has required a contract. I have my own that is modified to include payment schedules (I get at least one-third up front and the remainder within a specified time frame), description of project and my duties, description of CLIENT'S duties (they gotta be on time if they expect me to be), and lately I've been including a clause that negates the contract when they bring in a third party to review my work without my prior agreement to that condition.
I do make changes if I'm not comfortable with it.
I have turned down one assignment that was regular and fairly lucrative because the client not only refused to sign a contract, but decided he was rounding DOWN my word count and that he was free to pay me for only the useable parts of the 2,000-word assignments. That means if he didn't feel like using more than 200 words, I wasn't getting paid beyond that. And boy did he fuss when I turned him down without a contract! However, I've heard enough attempts at guilt trips that are really masking an obvious snow job in my time to know he would've stiffed me several times over.
No regrets. Ever.
I don't see contract negotiations as the time to be congenial. This is business. I have my parameters, the client has theirs. If we can compromise so that both of us are comfortable, fine. If not, I wish them well and we part ways. Even with the fussy one I just mentioned, I wished him well. I can't help that he took it personally or tried to make me feel badly about sticking to my professional boundaries. That's his problem and his issue. Not mine.
I've gotta have a contract. If my client doesn't have one, I do.
I have worked without them before, but like Eileen I have run into too many situations where I have wanted to kick myself afterward with regret.
And I'm suspicious of clients who try to make me seem silly or anal for suggesting that we both sign an agreement - excuse me for looking out for both of our best interests.
Good call on turning that down. I have not poor results working with "friends." Minefield!
I am rather lax about contracts. I think they are good to have for magazine work and bigger jobs, but I also don't feel they are always necessary. An email trail isn't as neat and clean, but it is still an agreement in writing.
However, what I do believe is that you should go with your gut on accepting clients. Even though I don't normally bother with contracts, I know all of my clients would be willing to sign one if I asked. Any client who is NOT, or who balks when you want to renegotiate their existing contract, is bad news and should be steered clear of.
I once had a client who produced a rather limiting contract after I'd already done some work for them (it was supposed to be an ongoing job). I renegotiated the terms simply for the sake of the work I'd already done, but I never did any other work for them. Even though it was potentially lucrative, I didn't like the fact that they'd tried to screw me like that.
I'll chime in from a magazine managing editor's point of view.
We always work with contracts and I would expect any writer to require them.
From my side, it's important for me to know the writer understands what we can/plan to do with the article. I want no questions in the end. I also see it as a sign of respect: This is a business.
That said, we rarely have anyone ask for changes. If we do, I rarely make them. For simplicity, we work with the same contract for every writer. If I had a lot of complaints about a particular clause or really thought something wasn't fair or something like that, I'd change our standard contract for everyone. But I won't mince words with each writer.
I think it comes down to a show of respect and trust on each side. If you're a new writer, I'm taking a chance on you (and often get burned), that you'll deliver an original, well-written, on-deadline article. And you're taking a chance on us--that we'll treat you well, not make unreasonable requests and pay you on time. If things don't work out that way for either of us, we don't have to work together again.
I usually have my own contract, but sometimes a client will want me to sign theirs instead. I am fine with this, but I always review it carefully and make sure my business terms are included and there isn't anything that clashes with my normal terms or could hurt my business.
I had a lot more to say on this, but I thought it would be too long to post here--so I wrote a post on my own blog about it. There are a few things that are dealbreakers for me, but I am also willing to negotiate and also to follow my instincts from client to client. Sometimes a clause that would be a dealbreaker in one situation is negotiable in another.
You guys are ALL incredibly generous with your terms. Me, not so much. As of December, 2006, I began requiring 100% payment in advance for amounts less than $1,500. All have paid as required, virtually none with any complaint at all.
After fighting to be paid for years, I finally got sick and tired of it. Now, I rarely have that problem. Ironically, I'm currently battling a large client for the other $2,500 owed to me on a $5K job. Had I extended my advance payment requirement to ALL jobs, I wouldn't be having this issue, either.
Hmmm...I'll have to give that some thought.
I must admit I've been extremely lax with contracts. I don't even bring them up usually, but I do make sure to get their contact info, and I keep all emails. I haven't had any payment issues yet, but once I get screwed I'll probably start requiring them.
I should say I have many clients that usually pay me after the completion of each project. It would suck not to get one of those checks, but wouldn't be the end of the world, so maybe that's another reason why I don't push the issue too much.
I have a basic contract/LOA that I tweak to meet need if the client does not have a contract for the assignment.
Of course I read a contract thoroughly before I sign it! I used to work in a contracts division, I negotiate for my union, I know how and where they hide things!
Yes, I make changes. Usually, I discuss the changes first, rather than just scratching things out and initialling them. But I discuss and make changes.
I negotiate. Higher-priced gigs are usually offered by people who understand the field, and they understand the concept of "negotiation." I always know my point of walking away before I start, and I stick to it. Actually, the higher - paying clients are more likely to negotiate and come to something that works for both of us than a lower-paying client.
I've worked a few times without a contract and almost always regretted it. That's why I'm so adamant about it now.
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