How to Protect Yourself with a Solid Contract

Before the holiday break, I published two articles examining the warning signs of a problem client and what to do about it.  Today I’d like to go into a little more detail about your best chance at protecting yourself, your Illustration work, and your freelance business: your contract.

If you’re not already, you should start taking your contract very seriously, because it’s your first line of defense if things go sour.  A bad situation is made immeasurably worse when there is no contract to turn to when it comes to settling differences with a troublesome client.  I have posted a sample contract for those who are interested, and I have also outlined some essential features below.

(Update: You can also now read How to Scare Off Your Clients with Your Contract.)

Here are some things that you should consider including in your contract:

Project Details

Don’t skimp on the details when getting things in writing, because everything that happens from start to finish should be based on what is stated in the contract.

You should include such things as the number, size, and medium of the Illustrations, the project’s name, and the intended use of the artwork.  You should also clearly define the milestones/deadlines of each stage of the project and how many revisions are available to the client.

By outlining these details, you will be able to justify added fees when the client requests something above and beyond the original agreement.

Payment

In addition to your overall fee, you should clearly outline the process of payment.  For example, you may require half of the total price up front and a fraction of the remainder upon the delivery of each stage of the project.  It can also be helpful to state that your artwork cannot be used by the client until the balance is paid in full.  If these details aren’t in writing, you won’t be able to enforce them, and you might as well be doing spec work.

Kill Fee

A cancellation or “kill” fee should be determined so that you are guaranteed payment for the amount of work that you complete.  If you finish half of the project before the client decides to call it quits, you should be paid at least half of the total price, but you’d better put this in the contract to avoid a fight.

Rights Transferred

Are you selling the rights to use your work on a single print run of a T-shirt, or does the client own the artwork outright?  Be sure to make this clear in the contract, especially if you intend to use the Illustration for your own purposes in the future.

Credits and Copies

You should also agree upon whether you’ll receive written credit for your work, and if you’ll receive book copies, tear sheets, or other products created with your artwork as part of your payment.

Contact Info

This may sound like a no-brainer, but whether you’re working with an individual or a company, be sure to get the contact info and signature of at least one person who will be responsible for payment and any other obligations.

Protect Yourself

You may have found yourself meeting a client and feeling so confident in them that you don’t want to insult them by having them sign a contract.  This is a very dangerous temptation and should be avoided at all costs.  A contract is not only meant to protect all parties involved, but to make sure everyone is on the same page as far as what is expected of them and how the project should play out.

You may regret neglecting to sign a contract, but you will never regret signing one as long as you only agree to terms that you are comfortable with.  If a client is reluctant to sign a contract, you should be wary of working with them.

How do you protect yourself with your contract?  What lessons have you learned the hard way?  Please share your thoughts in the comments section of this post.

Related Posts:

• Sample Contract for Illustrators and Graphic Designers
• How to Scare Off Your Clients with Your Contract
• How to Spot a Problem Client
• What to Do About a Problem Client
• How to Educate Your Clients

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