Quick Quiz – If your cousin, best friend, or President of the United States, called and asked you to write a new direct marketing promotion, would you insist on a written contract and a deposit before you began work?

[a] Absolutely, work is work. A contract spells out all the terms, conditions, and responsibilities ahead of time so there shouldn’t be any questions when work begin — and that’s a good thing for everyone. Getting a deposit shows we’re all serious and professional.

[b] Maybe, but only if it was the President (or cousin, best friend.) I trust him/her implicitly without having to put anything in writing. No deposit required, I know where they live.

[c] No, never use them. Maybe it would cost me the job or the friendship. Most folks are pretty honest. I know I’ll get paid promptly.

If you didn’t choose [a], by all means, keep reading …

A contract is only a piece of paper until you have to enforce it …

I’ve been a copywriter for 20+ years, working for myself for most of
that time (hard for even me to believe sometimes.) I’ve written a contract for almost every project I’ve written. Large or
small, for a friend/relative or new client — doesn’t matter. They all
have to sign an agreement If I’ve never done actual work for
them (or their company), and a good faith deposit is always part of the deal.

Now here’s the part to remember — I’ve always gotten paid. Every dime, too. (unless agreed upon differently. Usually to get rid of a wacko client. I haven’t dealt with too many, but they’re out there, waiting for the unsuspecting.) Here’s what your agreement should generally contain:

Components of a good contract:

• Identify the parties by their formal legal/business names - If you do work as Joe Blow Copy, use Joe Blow Copy in your agreement
• Specify the kind of services you’re to provide - Usually Copywriting Services should suffice but if you’re offering more, like Graphic Design, add it.
• Define the period of agreement - Contract is valid from X to Y, can be weeks, months, or even a year or more.
• Specify who will pay costs.
• Specify your fees for the specific project/s being contracted for. If you’re asking for a deposit, specify by % and dollar amount and define how the rest will be paid.
• Specify how any out-of-pocket expenses will be paid and by whom. (Best to get the Fed-ex or UPS # of the client for anything you need to send to them.)
• Define both your and your client’s responsibilities to the project. Generally, you affirm to deliver your best effort on time and on budget. Your client affirms that they will provide you with everything you need to execute the project, as well as the executive control of the project and your activities.
• Define the payment terms - Net 30 is standard when a client has shown themselves credit worthy. You can do net 15 or net 10 or net due upon receipt. You should also state that if the client is tardy about payment, you have the right to charge interest, suspend work in progress, or even take their account to collection or court — on their dime.
• Specify the jurisdiction of the controlling law - If you’re writing the contract, you’ll usually choose your own state in case of a dispute or claim.
• Make sure you have an indemnification clause of some sort - Mine basically state the client indemnifies me from any claims, lawsuits, etc from anything I’ve written that they’ve approved and I indemnify from from any claims, lawsuits, etc from anything I’ve written that they didn’t approve or from my own vendors, subcontractors used to prepare the work. (So if my printer sues me, the printer can’t go after my client.)
• Specify copyright and materials ownership - For most of my contracts, the client, upon satisfying all debts, owns all the work and any derivative value from it. Pay for it, it’s yours — but it’s mine until you do.
• Add an Amendments and Modifications statement - This says that both parties have to agree to any changes and that they must be in writing.

Then sign and date and mail/email or fax to client. Witnesses are nice, not mandatory. I generally accept faxed contracts, but you may want to have actual signatured documents. If so, use the regular mail for that.

Sometimes your client may have their own contract for you to sign. Read it carefully, make sure you understand it, respond with your own changes, if need be. Don’t sign anything you’re not comfortable with. A good contract protects both parties.

Maven’s Maxim - Steer clear of any prospective client who balks at signing a reasonable agreement. This includes friends and family. A contract makes sure that everyone is reading off the same page, defines the terms and responsibilities, and keeps everyone serious and honest. It’s all good.

More Freelance Copywriting Contracts and Agreements here.

Essential Takeway Point
Protect yourself and your self-interest and make sure you write a contract before you write a single word of copy. Remember, it’s not personal, it’s business — and your livelihood.

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