I’m sure as a freelancer we’ve all said to ourselves at one point, probably in the middle of a project, “why didn’t I include that in the contract?” As designers we know the importance of getting agreements in writing, for the benefit of both the designer and the client.
This is going to be a two part series, first, what the designer must include in a design contract and another write-up on what a client must include in a design contract.
Nothing can teach us what should be in a contract more than experience. Unfortunately some of us have had to learn the hard way what the “musts” are in a design agreement. Below are some of the items that are absolute musts for designers to protect themselves financially, legally and just a pain in the…well you get the idea.
Must #1 – Services Provided
You must outline what services you are providing to the client, and be specific.
It doesn’t matter what services you are providing, a logo design, web design, print design or any other form of design, you must let the client know specifically what you will be providing. You can easily get into a mess if a client claims you were supposed to do one thing and you remember it differently.
For example, if you are designing a logo, make sure you list the number of revisions or drafts. If you are designing a website, make sure you outline how many website concepts you’ll be submitting. There is nothing worse than a client that doesn’t know what he or she wants and you end up having to pay for it.
Must #2 – Services NOT Provided
You must outline what you will NOT be providing and what would constitute as extra services.
This would fall under those experiences where the client says to you “you didn’t tell me that…I thought [fill in the blank] was included”. Sometimes clients just don’t know what’s involved in the design process. They might expect additional services that were never discussed.
If you agreed to provide the client with a 10 page website, they might expect you to provide the stock photos or copy or even host it as a part of the agreement. As far as their concerned, you never explained to them that these items weren’t included. Writing out what they should expect and shouldn’t expect will save you time and a headache.
Must #3 – Client Obligation
You must include what the client obligations are so they do their part.
If you don’t state what the client’s part is, in the design project, you might be in line for a lot of extra work. Both the designer and client will have tasks in any design project, it’s up to you to make sure the client recognizes that and agrees to it.
If the client is supposed to provide images, copy or color samples, make sure you list that in the agreement. Just because you talked about adding banners to the site doesn’t mean that you are supposed to design the banners too, if they’re supposed to provide them, make sure you include that.
Must #4 – Your Obligation
You must make clear what your obligation is or isn’t once the job is complete.
Unless you clearly state in your contract what your design services will include, the client may never accept that you’ve completed the job. You should always explain in your contract where your services end and what would constitute an additional service. This is not only to protect yourself but it also lets the client know that you can provide additional services if they’re interested, a little marketing for yourself.
If it’s a website, let them know that any alteration after the website has launched isn’t covered under the initial development costs and the same for a print or logo design.
As a good technique, you should always include at the end of your contracts a little subsection that details some of the extra service you can provide.
Must #5 – Payment Terms
Unless you don’t mind getting paid late or not at all, you must include payment terms.
Payment terms can sometimes be your only protection when it comes to receiving income. You must include the amount of payment and when it is expected. If you require a deposit, make sure you include it also, along with the percentage required.
We don’t want to work for free so the best advice I can give is to have your payment terms and late payment penalties clearly defined.
Must #6 – Copyrights & Trademarks
You must protect yourself from any legal copyright infringement or trademark violation.
You should always have a provision in your agreement so you are not held liable for any content, photo, font, or anything else used to create the design that the client may provide.
Too often I’ve had clients bring me photos pulled from Google images or submit actual software clip art to use as their logo. You should make it clear to your client that they need permission to use any images or copy that is not their original work. This is a no-brainer in my book.
Must #7 – Cancellation
It makes it a lot easier to end an agreement if you have a cancellation policy, it’s a definite must.
A cancelled agreement has the potential to turn ugly, unless you have clearly outlined the penalties and terms. If a client wants to back out of an agreement, after you’ve put in a mountain of hours, you should get paid for the work you’ve done, even if it isn’t complete. A cancellation policy works just like a security deposit, if it doesn’t work out, at least you get to retain something.
Make sure you define how and when a cancellation should be accepted, an email, phone call or another confirmed method. The last thing you’re looking for is client saying this “I thought I told, I changed my mind…I’m not paying for that!” a week after you’ve started.
Any other “musts” you guys can think of? or even contract horror stories, please share.
