Crappy contracts

Okay folks, times are tough and the smart businesspeople are sending out icky contracts to the creatives of the world, to try and scare them into signing away more than they ought. Please do NOT fall into this trap! This is just a manipulation by the smart, calm business heads to get more for less.

Here are some things to remember:

  1. Insist on advances. 50% is a good place to start.
  2. Do not agree to payment when the agency/mid-client gets paid. You get paid when you say, not when they say.
  3. If not 50% up front, try 1/3 in advance, 1/3 at delivery, 1/3 in 30 days. If you do this, do NOT hand over the images w/o getting the check!
  4. Offer a “discount” for paying on delivery or 15 days net or similar. Say 5%, but behind the scenes, add that into your estimate so that you are still getting what you should even when they take advantage of the discount. For example, if the project normally would cost $1000, bill $1050 and if they pay fast they only pay $1000.
  5. READ your contracts, especially POs, carefully! I expect to see clients trying to get additional rights by trying to sneak stuff in there. Btw, this isn’t really legitimate under contract law in many cases, but if you don’t make a stink about it before you sign, you might waive your rights to complain later.

Most of all, don’t bother getting angry about this. This is a smart business move from the buyer’s perspective. They know they have the upper hand in some ways and they are legitimately trying to exploit that advantage. That doesn’t mean you have to roll over for them, though.