Contracts: Don't Pick Up Your Pencil
Posted by Ellen Zucker
Protect your bottom line. Don't pick up your pencil until your client has signed the dotted line. I refer to the temptation for many artists, designers and other creatives to jump the gun and begin work on a project before there is a signed contract...
Protect your bottom line. Don't pick up your pencil until your client has signed the dotted line. I refer to the temptation for many artists, designers and other creatives to jump the
gun and begin work on a project before there is a signed contract. It is not unreasonable to make some quick sketches to outline initial ideas as part of
a preliminary discussion. But since anything done at this stage is purely speculative,
it is best to limit the time spent until there is some kind of commitment by the
client. If it is difficult to define the scope of a project until a greater amount of preliminary
work is done, consider drafting a separate agreement covering the preliminary
phase. When you begin work before the contract is signed, you are expending your time
and skills in the expectation that you will eventually be paid. But without a signed
contract, the client has no obligation to go through with the project, make any
payment, or assign the project to you if he does go forward. If the client himself won't commit to you, or can't commit to going ahead with the
project itself, be wary. You may be dealing with a difficult client. The same is true if you are being squeezed by your client to push more and more
out of you before he commits to you - if he commits to you.
It is not unknown for a less than scrupulous client to milk an artist for his concepts
and ideas, then turn around and have the work done by someone else. You may invest a lot of time without receiving a penny. Without a signed contract,
you have little recourse. In fact, in many ways, your experience negotiating the contract is an indicator of the
overall experience you can look forward to with that client. There is another benefit to having a signed contract. The process of negotiating a contract requires that the parties come to an
agreement to the terms of the transaction. If you do this properly you will address
various contingencies that may arise. That process alone will nip many potential
problems in the bud. Hence, you are well advised to have a signed contract in hand before picking up
your pencil. Ellen Zucker has been successfully self-employed for over 10 years. Her site, http://www.selfemployment101.com, has articles and resources to help
the creative sole-proprietor make a living and create a life. Have Ellen's articles sent directly to your inbox. Subscribe to http://www.selfemployment101.com/subscribe.html - The Self-Employment Lady.
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