Pre-Production Part 2 - Contracts

Well if you made it through to Part 2, congrats! If you thought quotes were boring, well then, I don't have better news for you. We talk about CONTRACTS today. I know you are thinking "oh, contracts, I get them and I sign them" Oh honey, no. Don't ever just sign a contract without reading it.

 So lets talk about both sides of the contract. So this is going to be a lot of info just coming at you. I wish I could make this funny or light-hearted. But, its going to be a lot of my opinion. If you know me...you know I am full of opinions.

First: Drafting a contract for someone, like a client or freelancer.

So, if you are in charge of drafting the contract you have a few things to consider. I make a template that always has the most important things to the company I am working for. Then I tweak to match the project and client needs.

What I consider the most important issues to consider in any contract you share with a client or even one they share with you.

• Very clearly lay out the tasks you will complete and what the client will complete. I make sure to lay out each process Loogaroo will be doing. And then what task I expect from the client could be things like "Client will provide by this date: Final audio, Any logos etc etc" This way everyone is crystal on what everyone is responsible for. 
• A clear milestone schedule: Make sure its agreed upon by all so they don't get surprised seeing it in the schedule. You never want to surprise a client. Always ease them into a situation. 
• A clear payment schedule. Now you both want to talk about what works best for both of you. Sometimes a client will want you to base payments on delivery of milestones. That is usually ok with me. Make sure the smallest amount owing is on final delivery. That way you don't get into an awkward situation of being owed %75 of money.
• That being said. If its a small quick project you may want to suggest %50 up front and %50 upon delivery. Especially if you have good word of mouth they will trust you. Now they may balk at %50 up front. But to make them feel better about it....check the next bullet point. Go ahead...do it.
• SO, you think they might not want to pay %50 up front for a smaller project. Make sure you both feel good about this. Explain the %50 will be the payment to pay for labor until project completion so no one works for free.  
• Put in a termination clause "If this contract requires termination by either party it must be requested in writing. Any work completed and approved will be paid pro-rated to the completed work. Upon agreement by both parties" Its really important that you note how you both will handle project termination. Its sad. But it happens. Sometimes its beyond either parties control. But let the client leave feeling as good as they can. You can make them feel even better by added a clause that states "Upon termination and pro-rated fee is agreed and paid no other fee's will be required now or in the future by the CLIENT" so they feel safe you won't come back randomly and try to enforce something different than what was agreed upon.
• You can put wording in your contract to limit revisions this protects your team. And also protects the client. They may not see it at the moment as protecting them. But keeping the schedule to two revision passes per process will keep the schedule on track and you explain it just like that. 
• Reviews, I like to ask for 48 hour turn around. But sometimes they need to have at least 5 business days for some broadcasters. Make sure you have all review days in your schedule and you agree and have these days noted in the contract. 
• Make sure you limit the scope with the revision passes. But also make sure you its clear what happens AFTER all revision passes are complete. I think this wording is fair: PAYMENT: Loogaroo agrees to complete the project by September 1, 2018 within the estimated budget of $XXXX.XX, Project name. Unless CLIENT requires additional work or services, or if CLIENT requires multiple drafts or changes/edits which would significantly increase the work required of Loogaroo. Then an agreed upon overage will be discussed and agreed upon before proceeding. 

Ok so this looks like ALOT. But believe me contracts can be pages and pages and pages. This is what I consider to be very important things to consider. 

Now if you are getting a contract from a client. Make sure you really read it over. If lawyer speak is too much for you to understand. Just google meanings. If its a large project or you maybe have a bit of reservation about that client. Then it might be worth it to just pay a lawyer to have a look at that particular contract. 

Also, if something makes you uncomfortable ask that client about it. It might be in there for a good reason. But if the wording makes you uncomfortable ask to tweak or change it. A good client will be willing to negotiate meeting in the middle. Open communication is very important.

Skeptical women says "Just read the contract"