How To Develop Binding And Sensible Contracts For Creatives

By Diane Peterson


Most creative people have limited patience with the legalities of business. They much prefer making art to getting mired in paperwork. Unfortunately, there are some aspects of business than can't be avoided if everyone is going to be satisfied with the final product. It isn't necessary to fill a contract with legalese or create one that weighs as much as a novel. There are specific contracts for creatives that are both binding and sensible.

It's a good idea to take a positive attitude when you enter into a legal agreement with someone. Rather than considering this contract something you enter into to protect your interests only, you should think about it as a mutual understanding between you and another party. A contract is a way to formalize the expectations of all parties. All it takes are three parts. You need to include the offer, acceptance of the offer, and what is to be exchanged in order to satisfy the offer.

Many experts suggest that a contract include a cover letter. Although it may not be an actual part of your contract, it's a good opportunity to lay out the particulars of what is contained in the contract all the parties will sign. Some items your cover letter might include are the parties involved, what is being exchanged, the duration of this contract, and any restrictions you are putting on the use of this product.

Adding headings at the beginning of each new section is another good idea. Headings make it faster to get through a contract. It is also faster to reference one part of the agreement when it is mentioned in another. The legal names of all parties involved and a contract date must be among the first items included in your contract. You might also include the length of the agreement, and whether renewing it is an option, at the beginning of your contract.

Binding agreements must have mutual considerations. This means you are contributing work that has value to your client, and the client is offering you something that has value in return. It might be money, artwork, or something that isn't physically tangible such as publicity.

Whatever the agreement is, the terms of any exchange must be clearly delineated. Who will own the intellectual property is part of this agreement. You may be offering a license for use while you retain the copyright for instance.

If you are working on a project, it may be necessary to include a schedule in your contract. There might need to be a time frame for delivery of sketches or first drafts and another for revisions and acceptance. A date for delivery of the final product must also be a part of this contract.

The payment method should have a section in any contract. The customer might be making partial payments in advance or giving you a retainer. You may be accepting the total purchase price at the time of delivery.




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