How To Write Sensible And Binding Contracts For Creatives

By Diane Peterson


The majority of creative people don't have much patience for the legal side of the business. They prefer to concentrate on their art and avoid the paperwork. Unfortunately, in business there are always details that need to be attended to in order to make sure everyone is satisfied with the final job. A contract doesn't have to be filled with legalese or contain as many pages as a novel. There are ways to write sensible contracts for creatives that are also binding.

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.

Including a cover letter is something most experts recommend. The letter doesn't have to be a part of your official contract. Instead it can act as a summary of what the contact contains. You can include such items in the cover letter as who the parties to the contract are, the length of the agreement, what of value is being exchanged, and what, if any, restrictions you are requiring in exchange for the use of the 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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