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الأربعاء، 5 سبتمبر 2018

Tips For Designing Contracts For Creatives

By Kimberly Cole


Being a talent means that you are holly responsible for yourself. While big companies have HR and legal departments to design contracts, talents usually rely on the mercy of their contractors. Whether you are designing it or signing one by a third part, contracts for creatives should be formal and binding. Here are mandatory inclusions that will save you a lot of trouble during execution.

Never sign a contract without clear and favorable terms of payment. They include the amount, when it will be paid and how the payments will be made. It is painful to chase money through calls and emails that sometimes go unanswered. Your contract must include the penalties that will be paid in case the contract terms for payments are violated.

A non-refundable deposit is recommended when dealing with clients. This should be considered a commitment to reserve the time required to execute the contract and also extract commitment from the client. The fact that it will be non-refundable means that the contract must be thought-through before you are given. It gives you an assurance that the gig will happen. It also teaches clients to respect talents and consider them as strict as they consider others in business.

Include a clause for action in case there is late payment or a need for refund. Many talents fail to include this clause and are therefore operate at the whims of their clients. The client should know that you also have financial commitments to meet. He or she should also consider your time as valuable. You have allocated it to other activities and are therefore not available at will. You should have equal rights to cancel the contract if the conditions agreed are not met.

Project postponement or cancellation must be given the attention it deserves. This still flies in the face of clients who think that you can be available anytime they wish. Cancellation in some cases is not considered a disruption to your schedule and cash flow. Include a clause where you can cancel the project without refund or push it to the next available time at the expense of the client.

Retain copyright to your work. Every creative must realize that it is more than getting paid. Your image, voice and words are your assets despite receiving money for a gig. The client has a right to use them only up to the extent that you agree. In case you take photos, their use must be compensated and approved. This also happens to videos and audios. Some mutilation could bring down your future career.

There are risks in working as a creative. They could be on your health, body, in the course of travel, preparing the project or natural calamities. Include a clause in the contract that shields you from such risks. You cannot be held responsible for matters that are beyond your control. The terms of resolution must be reasonable and mutually agreed.

The treatment you get as a creative will depend on the value you assign yourself in the eyes of a client. Comb through the contract to ensure that it is not skewed to disadvantage you. Compensation must be commensurate and help you advance your career other than undermine or take advantage of it.




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