Thinking About Writing Contracts
June 21, 2007 by Anne Wayman
Filed under Jobs
I firmly believe that every time someone hires me, we should have a contract, or a letter of agreement. I don’t like the term, contract, much because it has all sorts of legal ramifications and seems to put the parties in an adversarial position right from the start. That’s why I use a letter of agreement.
What I want is not so much something I could enforce in court, is a mutual understanding of our mutual goals. Writing for a client really is a two-way street and I want each of us to recognize what is expected. I want our intentions to be clear.
In general my letters of agreement address:
- The scope of the work
- The anticipated method, including timing, of the work
- How much I’m to be paid and when and how payments will be made
- What will happen if the client doesn’t pay
- What will happen if I don’t write
- And how, if things change, we’ll either amend the contract or get out of it gracefully
My experience tells me that if my client and I agree on these elements, there’s no need for court.
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It’s tougher if you’re a budding writer. Jim Baen, for instance, didn’t like contracts. Everything was done with a handshake. If course, his word was like steel.
I’m not sure if I would jeopardize a really lucrative writing gig by insisting on a contract…
I don’t see how anyone could start work with at least some of these elements present.
That is a great point that you have made. When working with new clients I always make a point of creating a standard SOW (statement of Work) which includes all the points you have mentioned. I also have a part where I will sign and the client will sign. This way we both know where we stand and it does help to avoid any mishaps or communication errors.
Amanda
me either, but it happens… particularly in the beginning
Jordan, that’s one reason I use letters of agreement… they are less “official” than a contract… the other reason I want something in writing, particularly if the project is a big one like a book, is because things change over time and I want both of us to be able to clearly recall what we started out to do.
Anne,
I love the phrase “cleary recall what we started out to do”. Totally non-confrontational. I’ll definitely use that one!