What Every Creative Ought to Know About Contracts

Contracts

Image by NobMouse via Flickr

A friend recently said that she’d done a consulting project for someone, sent the results and a bill, and got… nothing.

I recently fired a prospect. Why? Because they wanted me to spill all my secrets… and then they’d decide whether to pay me.

Sorry. No. I’ll happily give general advice on this blog and answer quick questions. But an entire copy/marketing strategy designed specifically for one company? Without a contract or payment?  No.

I’m not mean. I’m a capitalist.

So, what’s the right strategy?

Start with a written contract.

What the client wants

Be specific about what the goals are. If you are an expert in SEO, this could be attracting a particular number of visitors, or landing on the front page of Google for their top keywords. Whatever it is, write it down.

What you’ll do

Not all the details, but the keyword research, the market research, integrating the keywords into the website, cleaning up broken links, submitting the site to directories, etc.

When you’ll do it

Set deadlines for each stage. Spell out what the stages are. This should probably include initial acceptance of proposal, submitting a plan for SEO, reviewing keyword choices, and measuring results. Include whatever reports you will submit.

Who owns it

Is it “work for hire” (meaning the client owns all artwork, design, code, words) or do you retain some rights? Be clear about who owns what and under what conditions. (For more on work for hire, how much to charge, and sample contracts  check out the Graphic Artist’s Guild Handbook of Pricing and Ethical Guidelines.  You can get it from Amazon (and buy me a milkshake), or check your local library or bookstore. It’s aimed primarily at graphic artists, but the tips apply to writers and developers too.)

Costs and responsibilities

What’s included. When do you charge extra (for additional revisions or add-0n tasks that were outside the original scope of the project)? What are the client’s responsibilities? What action (or inaction) on their part could cause the project to stall? Or go over budget?  Do you mark up your expenses (stock images, other freelancers, domain name registration, travel).  If so, how much?

Payments

When they’re due. How much. Is there a “kill fee” (a payment if work is stopped or the project is cancelled in the middle)?  Set milestones for delivery of work, and delivery of payment.  Don’t deliver final files without final payment.

If you need more help with this, the Freelancers Union has a new contract generator.

Share your thoughts

Have you had clients like my friend did? Or prospects like mine?  How did you change your contracts as a result?


Try This Challenge: 7 Links

Español: Trozos de las cadenas utilizadas en l...

(Photo credit: Wikipedia)

Darren on Problogger challenged his readers to come up with 7 links to posts in 7 categories, post them on our blogs, and share them.  Here are mine:

1. Your first post

OK, here it is.  My first post.  Looking at it (and some of the older ones) makes me both smile and cringe.  But I was also excited at the same time.  See what you think.

2. A post you enjoyed writing the most

This was hard! I guess it’s like choosing between your children.  Can I add several?  The ones I enjoy the most are the ones that just jump out of my keyboard onto the page (“flow,” as Daniel Pink says). However, I’ll pick However, I’ll pick How to Write a Landing Page Guaranteed Not to Sell.  It’s snarky, but it does have a serious point.

3. A post which had a great discussion

Lamborghini or Hyundai? didn’t have the most comments (that honor goes to my Linchpin review), but it sparked an interesting discussion (both here and on the original post by an A-list blogger that inspired it). Imagine my shock when he commented!

4. A post on someone else’s blog that you wish you’d written

The Participation Age and the Importance of the Fourth “S” This post by Chuck Blakeman really resonated with me.  I love the idea of profit as “Freedom Money”, but more importantly, the idea that traditional “job values” (security, safety, and stability) aren’t enough any longer.

5. Your most helpful post

I think the most helpful post was What Marketers Can Learn From Fisherman. One of the most visited was Revealed: Why Clients Want to Make the Logo Big.

6. A post with a title that you are proud of

What better title than one about writing titles (headlines) Get Great Headlines Without Writing.  I like this because it promises to turn the difficult work of writing headlines into a straightforward, easy task, and because it seems like a contradiction. It arouses curiosity and offers a big payoff.

7. A post that you wish more people had read

Is Your Product a Solution Without a Problem? Having an idea is great. Here’s what happens when people get too caught up in their great idea. Reading it could save a lot of time, effort, and money. Join the fun. Try it yourself.  Leave a comment here (and on Darren’s blog) with your link.

Just For Fun: Playing with Keywords

Google Analytics Hacks

So, this morning I decided to look at my keywords to see which ones were bringing traffic to my site.

Some made perfect sense, such as my name, the name of the blog, or topics I write about.  I know why someone would come to my site after typing in “write great email headlines” or “marketing with postcards” or “fix broken marketing.”

But what was Google “thinking” when it sent people here who typed “free construction contractor letterhead template with a hammer” or “how to stop brain thieves.”  Er, if you want to stop brain thieves, kill the zombies!

One was almost like blank verse, “appreciate beauty with others affection/resist domination by others/emulate the admirable/acquire or collect things.”

What are your oddest analytics results?  Share them in the comments.

Fame!

Fame

Image via Wikipedia

Have you heard of the Influence Project?  It’s a campaign by Fast Company magazine.  Sign up, get a special URL, and tell your friends.  The more clicks you get, the more influential you are, and the bigger your picture becomes on the special site they set up.  Everyone gets their photo in the magazine.  Presumably, the most influential is on the cover.

I found out about it from a friend, and cheerfully signed up.

Then, the backlash started. TechCrunch said, ” It’s a pyramid scheme meets linkbait!”

Amber Naslund on Brass Tack Thinking wrote, “They’ve confused ego with influence.”
Fast Company responded saying it’s an experiment in viral marketing

Then, Darren Rowse of Problogger chimed in (sort of), by asking “What do you want, influence or fame?”

Experiment it may be, but I think Darren’s point about the difference between influence and fame is correct.  They’re not measuring influence, they’re measuring fame.  The system can be gamed.  What if  a celebrity chimed in?  Who is (or should be more influential?  Lindsay Lohan?  Or Katie Stegliano, an 11 year old girl who grows vegetables to help feed hungry people in her South Carolina town? (thanks to Ed Brenegar for pointing her out)

What’s more important?  100,000 mindless twitter followers?  Or people who really care about what you do? What will the winner of Fast Company’s have?

What do you think?  Have you joined the project?  Heard of it?  Tried to spread it?