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June 19, 2010

Your Contract Sucks

As a fairly new freelance graphic designer, I am learning a lot in all aspects of the field. And while I try and push the boundaries of my own limits and add to my skill set as a graphic designer, I know that the 'not-so-fun' stuff has to be tackled in order to run my business the best that I can.

 

The 'business' side of running your own business may not be the most fun, but it's an essential part of being successful and will make things run a lot smoother. You have to find a way to make it fun. I tend to listen to my favorite band, Metallica, while doing the stuff I rather not be doing. I also tend to take more, smaller breaks to clear my head. One of these tasks is developing a contract, especially an in-depth one. So find yourself something to make the time go by faster or make up a reason to make it fun.

 

Your Contract Sucks

 
Contracts Are NECESSARY!

When I first started out, I didn't use contracts because I was too busy. At least I thought I was too busy. Luckily, I never got screwed over or had any problems. However, others I have talked to or heard in passing have not been so lucky and learned the hard way.

 

About 3 months passed by with working with a few clients and I had some free time. So, I went to my best friend Google and researched others' contracts. What they looked like, the details, the fine print… I eventually came up with my own version, implementing a little of all the contracts I viewed till I thought I had a solid contract.

 

Now, I have some more free time and I am re-evaluating a lot of the 'business' side of things. My contract is one of them. I reviewed what I had on a recent contract with a client. I studied it and eventually told myself "Your Contract Sucks!"

 

As I grow as a person and business professional, I am learning that the more details you put into something regarding products, services, and money the better the outcome will be. All parties involved in the service/product you are providing will understand all aspects of the project (payment schedule, timelines, deadlines, and all the details in between). You are messing with people's money. You DON'T want problems to arise.

 

 

What's In The Contract

You may find yourself not including all of the things listed below, but it is worth considering. The more the better. Clients don't like surprises when it is hurting their budget or compromising a time line. Trust me…

  • Include your full name, business name, and address of both the client and you, the designer. If you are a multi-person business, put the name of the person who will be in contact with the client, along with a job title.
  • A complete description of the job/project. Make sure to include quantities if it is a tangible object being sent to a printer.
  • Include a set number of revisions for every project. If you don't, your client will make endless revisions.
  • Make sure you include an estimate for the project(s). State that you will notify the customer XXX amount of dollars before the project goes over budget. Also, when telling the client if this does happen, guestimate as best as you can how many hours/days before the budget will be within a few dollars. This will let the both of you know how much longer this project will last if the budget is not flexible.
  • An invoice number for easy reference.
  • Give the complete timetable that displays milestones, deadlines, and a payment schedule. The payment schedule should include the rate and any deposits made.
  • What if the client decides to stop the job and call the project off? Well, you have to implement what is called a Kill Fee. Just like the payment schedule, set a kill fee and kill fee payment schedule.
  • Other fees should include a rush fee, charges for revisions that go over the specified number of revisions agreed upon, and details about how outside expenses will be covered.
  • How long does the client have until payments are due upon receiving the invoice? 15, 30, 45 days?
  • More common in logo design and branding than anything else is a term that will not permit the client to change the artwork without consulting you first. 
  • Are you delivering anything at the end of the project? State when and what you are delivering to the client upon completion of the project.
  • Time is money and those meetings will add up. Charge for the time you are spending with clients or else they will want to meet with you every week for nonsense.
  • What about copyrights and trademarks. Make sure your client understands that they are responsible for that unless otherwise stated.
  • Make sure you and your client have proper permission to use others' work.
  • Force majeure – French for greater force. A natural disaster or the electric company not being able to fix the large power outage isn't out of the question either. Make sure you explain that if an occurrence such as the above is to happen, that the deadline will be extended. Things like this are out of your control.
  • Would you like to show the work you did for the client on your portfolio? Ask them!
  • Sign here. Date here.


 

Resources

There are a plethora of resources out there to help you in the world of contracts, forms, and questionnaires. Just Google it! However, the best resources I found that helped me when I was first establishing my contract were:

 

 

Round-up

Contracts are a necessary part of doing business in freelancing. They will make your life easier if problems were ever to arise, and if you don't' have a contract, the more likely they are to come up. Don't let it bite you in the butt. Create a contract before something happens and learn from others' mistakes.

 

If you happen to have a contract you wouldn't mind posting for other creatives to view, leave a comment and a link. Let us know what your contract(s) look like and point out the important details that you think are necessary and why. I am still in the process of making my contract more solid, but will post when it is complete as a template for something you may use, borrow, or just look at to get a feel of what it is that I use. 

 

DO NOT take my advice as legal advice. Contact a lawyer for things like this. This is strictly based on my opinion and research.

Kevin Donnigan
Kevin Donnigan

My name is Kevin Donnigan, freelancing under the name Anything Graphic. I am uber passionate about graphic, logo, and website design and I utilizing key concepts to visually communicate. I also specialize in XHTML development, CSS stylin’, and Search Engine Optimization tactics for your web presence.

2 sweet responses to “Your Contract Sucks”
  1. June 21st, 2010
    4:46 am

    Frederic Aubonney

    Well said! Thanx for sharing your ideas on contracts!
    greetz, Frederic

  2. August 22nd, 2010
    6:58 am

    Kevin Donnigan

    Thank you Frederic!

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