Writing a Solid Contract
April 29, 2009 by Allison Boyer
Filed under Jobs
Yesterday, we talked a little about surviving scams. As one commenter mentioned, a good contract doesn’t mean that someone won’t try to rip you off. However, having a solid contract means that you will at least have a way to take action if you so choose.
Every contract will be slightly different. Sometimes clients will provide you with a contract of their own. Other times, it will be up to you to request using a contract. EVERYTHING is negotiable. Most writers understand that you need to read a contract very carefully, but don’t fall into a trap where you think a contract is only “take it or leave it.” You can easily modify a small part of a contract and start the job – so go ahead and negotiate!
Image: sxc.hu
Here are the keys to a good contract for the writer (beside a description of the work you’re contracted to do):
- The right to legally dispute in your state, so you don’t have to fly somewhere else to bring a case to court
- A kill fee in case the project is canceled and you’ve already done some of the work
- Specifications on how editing will work and a time frame for editing
- Clear information about who owns the finished work and how it can be used
Make sure that the payment information is VERY clear – when will you get paid, how much will you get paid, and are there any reasons you will NOT be paid. Are edits included? Will you be willing to extend the contract to do more work? How will you get paid (check, paypal, etc)?
Also make sure that due dates are really clear. Remember, there should be “due dates” for your client as well. For example, if you don’t get title information until Wednesday when you were supposed to get it on Monday, will you still be expected to have the work done by Saturday? You should also include a clause that says that you can get more time for a project if your client agrees. That way, you can avoid being late with work.
Contracts are tricky. I recommend talking to a lawyer to draw up a basic contract that can be used for every job you do, with minor modifications. That’s what I did, and that document has served me well.
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This is great information! I use a standard freelance agreement, but never think to modify the agreements that others send me. After reading this, I consider myself lucky I’ve never gotten in trouble. Thanks for posting this. I’m saving it for the next time I send out my agreement or sign someone else’s.