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Contract making

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  • Contract making

    How do you go about making a contract for yourself for freelance work?

    I mean, something the person you're doing the work for will take seriously? I don't know if I would just whip up something in Word or what.

    I have another freelance offer, and if all goes well, I want to make sure I have something proper where I can be guaranteed my pay and THEY will be guaranteed the work I do for them.
    Pi Studios


  • #2
    Freelance contracts can be a tricky thing. Often times freelance is done without a contract (I haven't used one for years - but then I'm always working with folks I know and reputable companies); and sometimes you do work with a contract.

    To be frank, unless a lawyer drafts a contract, it will ultimately have very little legal weight; there's just too many loopholes and language pitfalls that a company could exploit if they wanted to screw you over. You can find sample freelance contracts in books and probably even online; but remember that business laws are different in every state, and the specifics might be different in every case; so pick carefully.

    Sadly its not uncommon to get screwed on occassion by a client. The key is to just make sure to set up the parameters early (in writing at least via email) and keep hold of your final output until the cash is in your hand. Send your tests low rez or on VHS, so that it isn't usable in the final project. When they are happy with the result, you send the final result and an invoice....if you can't trust the client, withhold the product until you get the check...

    This is in addition to the usual, half up front, half upon completion, or 1/3 up front, 1/3 at half way, and 1/3 upon completion. Or some arrangement like that. If they ante up to begin with, you know they are serious about you.

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    • #3
      Adam's right. Contracts are pesky.

      If you are looking for some basic framework for one -- let me tell you know that this one was not written by a lawyer -- there is one that we used as a learning tool in Web II this last semester, and its located in this thread:



      Read through it and modify it as you will.

      Like I said before, its not iron clad, but is a good start.
      ‎"Give me $50 worth. Just drive."

      Twitter: @ProfClayton & @cgauiw || Facebook: www.facebook.com/ProfClayton || CGAUIW Facebook Group! || CGAUIW Flickr Page || ProfClayton's Vimeo Page

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      • #4
        There is a loop hole in this, after studying blaw, external forces beyond the promisee's control, and the problem with third parties that the promisee uses, bassically it doesnt matter if it was there fault unless it was so far unseen that a 4th party caused the issue or if it was unreasonably unforseeable that the event wouldnt have occured (act of god, fire, ect.). Not to mention illness and what not doesnt count either, only if it was humanly impossible to deliver from unforseen circumstances. The thing that I dont get is why companies cant sue you for a half now half later payment if there was no consideration involved after the contract was made, unless u could prove what I just mentioned. However the funny thing about contracts, is southwest airlines used cocktail napkins for the majority of there buisness practices in the beggining for like 10 years before they could finally be underway in production. Even the back of recipes have been used as binding legal contracts.

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