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<\/a><\/p>\nIf you are in business for yourself, you\u2019re very familiar with the phrase \u201cget it in writing\u2019. In design business, its very critical to come to terms with your client as quickly and clearly as possible so that everyone is on the same page. As any (good) lawyer will tell you, every contract should come with a good faith implication that it\u2019s a win-win for both sides. In other words, no one should be taking advantage of the other. It should be fair for both sides and serves as a way of protecting each party from any confusion. Should a disagreement arise (and with humans, its very likely) you\u2019ll be glad that you both have a contract to point to.<\/p>\n
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Perceived Value<\/strong><\/p>\n Before you rush into a contract with a client, you want to be sure that they appreciate the value of your services. People may scoff at a $10 tuna sandwich as being too expensive, but don\u2019t have a problem shelling out $11 bux for the new Total Recall remake (save your money). Its all about perceived value. If a potential client doesn\u2019t see value in your services, you will have a hard time writing a contract that he\u2019ll be happy with. You can discount until the cows come home, he won\u2019t be happy. That\u2019s not a client you want either. Move on.<\/p>\n <\/p>\n Premature Contract-ulation<\/strong><\/p>\n Another common mistake is having an itchy contract finger. Be careful about getting so excited that you have a potential client interested in your services that you rush to throw a contract in their face. Moving too quickly is like trying to jump in the sack the minute you meet someone. It could be a turn-off. Instead, spend some time listening to the client\u2019s needs getting a good feel for the project\u2019s scope. Discuss your hourly rates and give them an estimate for how long the project will take. It will be a lot easier to introduce the concept of a long term-retainer contract once you\u2019ve agreed upon the first project. Just like a real relationship, you both want to see if you are a good fit for each other. Don\u2019t come off too strong or you\u2019ll confuse them and they\u2019ll run for the hills. Keep it simple.<\/p>\n <\/p>\n What kind of things should be in a good design contract?\u00a0<\/strong>Here are a few:<\/strong><\/p>\n \u00a0<\/strong><\/p>\n \u2022 Time\/Cost Estimate<\/strong><\/p>\n How long do you estimate the job will take. How many hours? How much are you charging per hour and what is the total proposed budget?<\/p>\n <\/p>\n \u2022 Revisions<\/strong><\/p>\n How many revisions will the client be allowed to make per round? \u00a0Often times a funny thing happens: when the client realizes he\u2019s being charged for revisions, they suddenly stop.<\/p>\n <\/p>\n \u2022 Production Schedule<\/strong><\/p>\n Give the client an idea of when the delivery checkpoints will be and stick to \u00a0 them. 2 \u2013 week turnaround is OK. 1-week turnaround is better. Whatever you decide, just make sure you stick to it. If possible, deliver a day early.<\/p>\n <\/p>\n \u2022 Deliverables<\/strong><\/p>\n What will you deliver to the client and in what format (JPG , PDF, Video, etc.)? Just as important is what will the client deliver to you? What will you be responsible for and what will they be responsible for. If the client has to respond with revisions within a certain time-frame in order to keep the project moving, then you should outline that in the contract. You’ll know who is responsible if the project gets delayed.<\/p>\n <\/p>\n \u2022 Non-disclosure agreement<\/strong><\/p>\n If your client is in the tech-space or a start-up, they may feel more comfortable knowing that you won\u2019t be posting any of their proprietary secrets on your Facebook wall.<\/p>\n <\/p>\n \u2022 Payment Terms<\/strong><\/p>\n Most small businesses like myself cannot afford to play \u201cbank\u201d with their clients by extending credit. My rule of thumb is get a 60% deposit before starting the job. \u00a0You may even setup a payment plan for some clients, or let them know if the payments are 15 days net or 30 days net. This is where you itemize any interest that might accrue on late payment. Typically the balance is due when the job is completed. Does this always happen? No, but you reserve the right to decide who does and who doesn\u2019t have to make a deposit. If a client rips you off that\u2019s a mistake. If you choose to work with that client again and don\u2019t request a deposit up front, its no longer a mistake, it\u2019s a choice.<\/p>\n <\/p>\n \u2022 Rights and Legal Mumbo Jumbo<\/strong><\/p>\n Who owns the artwork? If they owe you money, you still own it. Most arrangements between client and service provider are \u201cWork for Hire\u201d meaning that once the job is paid, the artwork is no longer yours. You may want to stipulate that you request the rights to share or use their work for promotional purposes (portfolio or websites) after the job is complete.<\/p>\n <\/p>\n \u2022 Signatures<\/strong><\/p>\n A contract is not official until I it is signed. Then its EXECUTED. Once its executed, then you can celebrate. When the check clears, then you can REALLY celebrate.<\/p>\n <\/p>\n There\u2019s nothing like being creative when you have peace of mind. Having that little piece of paper (or PDF) can really set your mind at ease. And it\u2019s the professional way to do it. It lets the client know that you are serious about your business too.<\/p>\n <\/p>\n <\/p>\n