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In the movie "Glengarry Glen Ross" Alec Baldwin's character
Blake, in a less than inspirational sales meeting speech,
implored a group of underachieving real estate salesmen that
"Only one thing matters in this life. Get them to sign on
the line that is dotted." While the rest of Blake's speech
was hardly uplifting and bordered on abusive, the above statement
is not untrue.
Working without the benefit of having a signed contract can
result not only in the designer not being paid but also possible
litigation after things have gone wrong. Of course, graphic
designers are blessed with a number of wonderful skills and
talents but unfortunately business savvy is not always one
of them. Too many times, graphic designers fear that asking
a client to sign a contract will sabotage the air of trust
and goodwill between them and the client and result in a losing
the project. This fear is sometimes reinforced by actual experiences
with reluctant clients who seem perfectly willing to give
a graphic designer a project but openly balk at signing a
contract.
Here are a few things to remember the next time you present
a contract to a client or encounter one who is reluctant to
sign one.
Contracts have become a part of daily life for most people,
and clients are people too. We sign contracts when we activate
new cell phone account, when we open a gym membership, when
we lease a car, buy a house or rent an apartment. Signing
a contract need not become such an intimidating experience,
especially since most of us do it so often thachrise
when we present them with a contract is to actually be at
ease ourselves. If we have to take a deep breath and are physically
uncomfortable when we present the contract, that uneasiness
is bound to be communicated to our client. The last thing
you want to do is cause your client to see the worried look
on your face and wonder "What the heck is IN this contract?".
Be prepared to speak about the various provisions in your
contract. If your contract is a standard contract, it's possible
there may be provisions in your contract that don't apply
to every project. If a client asks about the relevance of
specific provisions or requests that a provision that doesn't
necessarily apply to the job at hand be cut from the contract,
you should have a good enough knowledge of what each provision
in your contract is designed to do to be able to explain why
it is or is not necessary. We once had a client who objected
to certain provisions in our contract that limits our liability
with respect to damages that may occur to the client's web
server due to our accessing the it and installing files and
applications to it. After discussing this provision with the
client, we had no problem removing this provision since the
final delivery of the site would be via CD ROM and would not
involve us needing to have any contact with the server whatsoever.
Contracts work both ways. If your client is reluctant at first,
explain to them that the contract protects BOTH of you. It
clearly states what the responsibilities are for both parties
and what happens should problems arise. You, as the designer,
will be on the hook to provide deliverables, meet deadlines
and communicate effectively with your client. The client will
be expected to do things like provide feedback about your
deliverables, meet timing milestones and of course pay...
on time! The contract will also spell out scenarios that it's
likely neither party has considered. For instance what happens
if, for reasons beyond both parties' control, the project
needs to be abruptly terminated? This can happen in a company
if a budget is discontinued, the client company is acquired
by another company or the director of the project leaves the
company. A clearly thought-out cancellation provision will
spell-out a solution that is fair to both parties.
Finally, as designers we realize that presentation is everything.
While contracts are typically pretty no-frills, that doesn't
mean that you can't print it out on nice white paper and distribute
it to your client in a professional-looking folder with your
company logo on the front. Of course, in many cases you will
probably distribute your contract to a client electronically
via email. While many designers might opt to distribute the
contract as a PDF document, consider distributing it as a
Word document so that if the client has changes they wish
to make to the contract text, they can do so and you can track
the changes. This can be a huge time saver and speed up the
process of getting your contract signed. We have had several
instances where a client's legal department requested several
rounds of changes to our contracts. This doesn't mean that
the client was trying to get over on us. To be sure, some
of those clients have turned out to be our absolute best clients.
Be reasonable, think about what you would want if you were
in the client's position.
Contracts are not there to be set in stone. Your contract
is not written in a tablet of stone, it's meant to be a meeting
of the minds and a point at which both parties agree and feel
comfortable going forward to do business. Don't make the mistake
of working without a contract. If a client is completely against
the idea of signing/using ANY contract, you are not missing
anything by walking away from the project. Chances are they
have no intention of paying you anyway!
Be smart, be reasonable and remember "only one thing matters
in this life ... get them to sign on the line that is dotted."
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