ALWAYS USE PROTECTION
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- letters2
ALWAYS USE A CONTRACT.
Everyone keeps asking about whether things should be written down, stated, signed – cancellation fees, copyright, liability, etc...
ALWAYS.
Especially with friends, small jobs, pro-bono... always. Signed and returned. Faxes don't count.
If you dont have one, you can start here (long but covers the bases):
http://www.aiga.org/resources/co…
Sorry to get preachy, but it keeps coming up – and I'm an advocate.
- Gucci0
Yep. i got burned last month. That's the first and last time that's going to happen.
Some people figure they don't have to pay... and when you let them know WHY they do... they stop returning e-mails and phone calls.
- gramme0
excellent sermon.
- harlequino0
It's funny, I've recently seen first hand how many huge projects for major brands happen without a contract, just a handshake. Granted they are on the sub contractor level, but still. It's crazy.
- letters20
It's funny, I've recently seen first hand how many huge projects for major brands happen without a contract, just a handshake. Granted they are on the sub contractor level, but still. It's crazy.
harlequino
(Mar 21 07, 07:12)I would absolutely admit that the bigger projects, corporate, inter-agency, etc. are the ones that need the contracts less – as there is usually a legal machine there always present.
Its the freelancers/contractors that work on smaller projects that consistently get burned for no contracts, in my experience
- Keyser0
I've definitely learned my lesson.
In Feb. 2006 I finished a site for a rehab center. I was just starting my freelance career and was ignorantly afraid that if I presented a contract that needed to be signed, they would not want to do business. So I presented the contract without a request that it be signed and returned.
They gave me pictures of the facilities and an open house event. There happened to be a patient in one of the photos. The husband of the patient is an arbitrator and decided to sue the photographer, facility and web designer (me).
If I had asked for a signed copy, I wouldn't be in the situation I am in now. Luckily, I had a meeting with the client where he admitted to accepting the contract and my terms and conditions. In the contract it says I am not liable and that his insurance agency will pay all legal fees and costs from the case. PHEW! It was blind luck that my client is a stand-up guy. He could have turned it all around on me and negated his responsability.
- OSFA0
got screwed 2 months ago as well by a client who didn't want to pay after the 'delivery' - just gave her a link to the site and work. When I started calling her trying to resolve the issue and be a nice guy about it, she got stupid and told me she didn't have time for me anymore and to forget about everything...
I kept the deposit (always state that deposits are non-refundable), and filed a small claim lawsuit last week to get the rest of the money. I guess she's gonna have to make time for me now... hahaha.
Save some money, and have a lawyer help you. It is the only way you can cover your ass completely.
- PonyBoy0
*caps
- jaykay0
Here's a great resource: Business and Legal Forms for Graphic Designers by Tad Crawford and Eva Doman Bruck "Copublished with the Graphic Arts Guild" Comes with a CD with versions of the forms. I never work without it.