People attempting to begin careers as freelancers, in any field, face one major hurdle. How do they get paid for the things they do?
There are numerous obstacles, surprises and schemes out there attempting to get free work or products from the individual with the stipulation that the first thing they must face is the “build a resume while not getting paid” approach.
It is something like working as an apprentice without being paid. Such practices are not normal and while everyone has doubts about the validity of these offers, few understand what steps they can take to avoid this pitfall.
For the average layman, drafting a contract that spells out the services that are to be provided and the compensation to be received might seem like an overpowering task. Actually, this is not the case. A simple agreement can often suffice.
Having a lawyer draft an agreement would be great, but expensive. Individuals can come to an agreement and write it in plain English. As an extra precaution, sample templates are available on the web for such agreements that can be altered as completed as needed.
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Finally, it would be wise to get the agreement notarized if possible. Sometimes when you are dealing with parties in other states can prove to be difficult. Just make certain that both parties have copies of the agreement and are signed by both parties and dated.
By all means, do not depend on a handshake or a “let’s do it” in an e-mail or text message. The agreement should summarize the work scheduled to be performed, any deadlines that have to be met, any special arrangements, and the amount of compensations.
What to put in the contract
For the beginners, the question might linger in your mind as to “what is so important about having a design contract.” There are several reasons, including protecting yourself from liability, failure to get paid and being forced to do additional work that goes beyond the scope of the original agreement.
The purpose of your work
All freelancers, writers, graphic artists, etc., have most likely developed the practice of sending tentative proposals to clients for their approval. The client may not always read the proposal in detail and make some assumptions. Therefore, the proposal that the freelancer sends to a client should fully and clearly spell out what your plan for the project.
It is always to give more detail and not less. Cover all the minor points, such as the possible necessity to hire a sub-contractor to handle a particular part of the project.
Furthermore, full describe the project. Do not cut any corners or assume the client will “know what I mean.” Finally, make sure the client is aware of what is being delivered, what it includes and the expected arrival date.
Payments
If there is going to be a contract dispute, it will usually revolve around money. The client may not think the work you did merits the price you are charging. He may think the quality of your work has the value you are claiming. He may just be trying to avoid making a payment.
Thus, the contract becomes a major tool. With the contract, your quote for the project is basically set in stone. It cannot be changed unless both parties agree. There are several ways of getting pay. Some people like to get a lump sum at the end of the project.
Others seek to get an advance, and the balance with the project is completed and others like to have a pay as needed agreement. The client is going to want to have some input in this. He may be willing to pay a deposit.
However, paying for a project as it progress may require you to produce examples of what has been accomplished. Such a move gives the client an opening for requesting more changes. This could end up costing the freelancer more time and money if he wants to continue getting payments.
Some, such as web designers, have a little more flexibility because as websites are built. Some changes may be in order for the original plan. Depending on the changes desired, there may be a need to have a clause that provides for extra payment if additional work is required.
Such a clause would apply if it is mutually agreed that a certain segment of the site can be omitted, resulting in a price reduction. The client and the freelancer have to work together to resolve these issues.
Other issues to cover include if the client does not pay on time, or if he decides to cancel the project. A cancellation fee should be spelled out in the contract, giving the client a certain amount of time, to terminate the project and a penalty fee for late payment.
These might seem like unnecessary details, but no one wants to spend two weeks designing a graphics project only to be told that the client is changing his approach. The client is purchasing your talent and time. The freelancer is entitled to adequate compensation.
Copyright terms
Everything does not have to go through a formal copyright process, but any agreement should have some language recording ownership.
Several approaches can be followed. The freelancer can assign the ownership to the client. The freelancer can assign a license to the client to use the logo or design for a set period of time.
The freelancer can assign the rights to the logo, with the restriction that as the designer, you are permitted to include the logo in your portfolio and to use it as an example of the type of work you do.
Do not assume that because you designed it, you can always use it. Once the client pays a fee, he is going to assume that the project is his. You want to make sure the designed is not altered or used in a way that would reflect poorly on your reputation as a designer. Therefore, you have to make it clear in the contract any needed limit how the logo or design project may be used.
The project suffers modifications
Despite your best efforts in designing the project and keeping the client informed, you may come up at the end where the client wants something to be different. On top of that, he may expect you to do to it for no additional charge.
Therefore, a contract can specify how many revisions are allowed and the freelancer will have to do them. The revisions have to be restricted to a particular part of the project and not the entire project.
If the project, such as a website, news maintenance, the contract should state what level of maintenance, that the owner will provide the new content and that the designer will be paid a fee for making such revisions. This could be a monthly fee or as needed fee. That is another detail that will have to be resolved.
What your are delivering
A written contract identifies what you are going to present to the customer. With a contract, everything is in the proverbial, black and white as to what service you are going to provide and what deliverables are involved.
This might involve many steps. This could range from describing every aspect of the project to describing what the client is going to see and have at the conclusion of the process.
Detail is an important detail, but should not be excessive. It is important to determine what the client is going to see without going through every step you take to get the final product.
For some, this is a difficult line to draw because each action is important. In this case, you will say, “After reviewing the notes from initial discussion, I came up with this design that I later refined to reach tour final goal.” Mention the time spent creating the items associated with the project, such as web pages or the pages for a program book.
What if the client doesn’t want a contract?
A contract is a two-way street, meaning that both sides can proceed without getting in the way of each other. However, they eventually reach the same destination.
The contract works both ways. It may be necessary to explain to a hesitant client that the contract protects him, if you fail to deliver the desired project within the stated amount of time.
At the same time, you are protected, in case the project manager is transferred or promoted and his successor does not want to pursue the project. The contract can allow you and the company to come to an agreement to pay you for the work already put into the project or to open negotiations to modify the contract. Finally, a thought-out cancellation clause should be included in the contact to provide a method for both parties to end the contract in an equitable manner.
Template contracts, you say?
When people think about contracts, they think about lawyers and the money the lawyers will charge to write the contract. They get paid by the hour. Thus, the more detailed or more changes made the more expensive the contract is going to be.
There are many web sites where contract templates can be found. These templates can serve as a starting point. Each contract should be unique. The template can serve as a guide to develop the proper language that will standup in court and serve as roadmap for listing particular points or deliverables.
Contract Killer
Free Contract Templates
AIGA Standard Form of Agreement for Design Services
Web Design Contract
Design Project Contracts
Business Templates
Web Design Contract
Make Your Free Web Development Agreement
Design Contracts for Freelance Web Designers
Sample Web Design and Development Contract
Website + Identity Design Contract
Designer sample contract
Contract of Works for Web Design
Short Form Design Contract
Work-for-Hire Agreement
Commissioned Illustration Offer – Short/Easy
The Collective Legal Guide For Designers (Contract Samples)
Ending thoughts
Drafting and completing a contract should be looked upon as a vital part of any project. It provides direction as to what is being offered by you and what the client is expecting. The contract provides that you will be paid for your work, or you will have legal recourse to secure your payments.
The importance of the contract cannot be overemphasized. Sometimes, a handshake will seal a deal. However, with the variables connected with a design project and the demands of the client, the contract becomes the road map for each party to following, using different routes, to reach the same destination.
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