Contract

[glorybound]

Okay, I really need to start using a solid contract. Does anybody have a good place to start?

It seems when I work for architects, some treat my services as if I were a CAD Tech working on salary. Today, I got a list of model changes which were not part of the original document and when I replied with how much work it'll take I got the reply, it's a simple stretch exercise. The last few projects had emails starting with, "let's try this", which really gets my goat. I have had revisions after revisions, and then the lead changes midstream with a whole new set of ideas. My current project I put a bicyclist and the architect sent me a photo of the local bike share bike, saying, it's a must that the bike looks like this, really!

I blame myself for working without a contract, so I need to get one in place. I have one, but it's pretty weak. I found one online, but it's just page after page of mumbo jumbo. Is it worth it to seek legal advice?

[Syclone1]

Ill see what I can send you, in the mean time maybe look at www.cgarchitect.com as there are most likely a few floating on there

[glorybound]

I have this one, but it seems so long winded and would make clients run

http://www.asai.org/Contracts

[glorybound]

I dug up one I have used in the past, and it's not bad.


Date: *****

Between me (Whitebirch Studios) and you (*****)

Summary:
I'll always do my best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. I have no desire to trick you into signing something that you might later regret. What I do want is what’s best for both parties, now and in the future.

So in short;

You (*****), are hiring me (Whitebirch Studios) located at [31566 Green Scene Dr, Breezy Point MN] to [create an architectural rendering] for the estimated total price of [$*****] as outlined in our previous correspondence. Of course it’s a little more complicated, but we’ll get to that.

What do both parties agree to do?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us everything we need to complete the project as and when and in the format we need it. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.

Me: I have the experience and ability to do everything I've agreed with you and I'll do it all in a professional and timely manner. I'll bend over to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us.

Getting down to the nitty gritty

Design
I try to make atmospheric, memorable images. I take great care in my architectural rendering process to portray the important details of color hues, light intensity, light reflection, and shadows creating a life-like portrayal of architectural buildings.

You’ll have two or more weekly opportunities to review my work and provide feedback. If, at any stage, you’re not happy with the direction my work is taking, you’ll pay me in full for everything I've produced until that point and cancel this contract.

Assets
If you choose to buy stock assets, I can suggest stock libraries. If you’d like me to search for assets for you, I can provide a separate estimate for that.

Changes and revisions
I know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. I don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time I estimate I'll need to accomplish everything you’ve told me you want to achieve, but I'm happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as I'll provide a separate estimate for that.

Legal stuff
I can’t guarantee that my work will be error-free and so I can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised me of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Phew.

Copyrights
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them.

Then, when your final payment has cleared, copyright will be automatically assigned as follows:

You’ll own the visual elements that I create for this project. I'll give you source files and finished files and you should keep them somewhere safe as I'm not required to keep a copy. You own all elements of images and data you provided, unless someone else owns them.

I'll own the unique combination of these elements that constitutes a complete rendering and I'll license that you, exclusively and in perpetuity for this project only, unless we agree otherwise. I can provide a separate estimate for that.

I love to show off my work and share what I've learned with other people, so I reserve the right, with your permission, to display and link to your project as part of my portfolio and to write about it on websites, in magazine articles and in books.

Payments
I'm sure you understand how important it is as a small business that you pay the invoices that I send you promptly. As I'm also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.

[50% deposit ($****) and %50 upon completion ($****]

But where’s all the horrible small print?
Just like a parking ticket, you can’t transfer this contract to anyone else without my permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of the American courts.

Oh and don’t forget those men with big dogs.

The dotted line
Signed by and on behalf of [Whitebirch Studios] Signed by and on behalf of [*****] Date [*****]

Everyone should sign above and keep a copy for their records.

[alexyork]

Eek. That contract is kind of juvenile and a bit patronising, to my eyes. And it doesn't actually go into any detail about some of the terms in there, which leaves a lot of things open to interpretation.

Also, why would you give the client the source files as standard? Giving away source files almost guarantees no further work from them ever. That sort of thing should be charged for, at a high price, in my view.

In my opinion the contract is not the time to be chatty and informal and loose. You can do that when you meet and talk on the phone etc. If anyone runs away from a contract that's an excellent sign that they're not a good bet, so you could view it as a kind of test. I personally would suggest a proper, detailed contract, worded more seriously and with the actual details all covered and explained.

[glorybound]

I found it years ago, online, about contracts for the creatives. I'll look again for the article.

[voltron7]

There was a good one (IMO) posted back some time ago by 3DATS (Brian, IIRC) that has worked for me for many years (after some simplification.)
After years, I developed a core of regular repeat clients, so I've since not been using it. I'll try to dig it up, but I know it came from 3dats. It was called "Professional Service Agreement."

On a separate note, I have a very seasoned attorney in my family and they have told me that a signed contract, is still not a legally binding document. Yes, it may help, but it is not a cut and dry guarantee for either party.
Now, I'm not trying to start a debate on that subject, just sharing what I've been told by a family member who's been successfully practicing law since the seventies.

[YoyoBoy]

Here's a posting that should be helpful: http://www.lunarlog.com/freelance-an...art-contracts/

[glorybound]

awesome, thanks!

[voltron7]

Here's a posting that should be helpful: http://www.lunarlog.com/freelance-an...art-contracts/

Nice one, thanks...

[alexyork]

There was a good one (IMO) posted back some time ago by 3DATS (Brian, IIRC) that has worked for me for many years (after some simplification.)
After years, I developed a core of regular repeat clients, so I've since not been using it. I'll try to dig it up, but I know it came from 3dats. It was called "Professional Service Agreement."

On a separate note, I have a very seasoned attorney in my family and they have told me that a signed contract, is still not a legally binding document. Yes, it may help, but it is not a cut and dry guarantee for either party.
Now, I'm not trying to start a debate on that subject, just sharing what I've been told by a family member who's been successfully practicing law since the seventies.

That doesn't sound quite right to me.. the whole point of a contract is that is is legally binding. If it's not, then I would assume that's because the contract is poorly worded and leaving something out, or to (mis)interpretation, or it simply hasn't been signed, or has been signed by the wrong person. But assuming that you cover all those bases it should, in theory, be legally binding.

Maybe you could invite your family member to post here about it. I for one would really appreciate hearing their advice on this if this is the case.

I think you're quite right, though, that contracts only get you so far. They're extremely useful when it comes to being able to refer back to one with your client, to help convince them of a proposed new fee for additional work, for example, or as backup in case you need to go down the legal route with a client who won't pay. I've had this a few times and the contract is super important and useful in this regard. I would never work without one nowadays unless it's for a very familiar client on a last-minute deadline and there's no time to get one drawn up and signed. But I'd do that reluctantly.

[voltron7]

That doesn't sound quite right to me.. the whole point of a contract is that is is legally binding. If it's not, then I would assume that's because the contract is poorly worded and leaving something out, or to (mis)interpretation, or it simply hasn't been signed, or has been signed by the wrong person. But assuming that you cover all those bases it should, in theory, be legally binding.

Maybe you could invite your family member to post here about it. I for one would really appreciate hearing their advice on this if this is the case.

I think you're quite right, though, that contracts only get you so far. They're extremely useful when it comes to being able to refer back to one with your client, to help convince them of a proposed new fee for additional work, for example, or as backup in case you need to go down the legal route with a client who won't pay. I've had this a few times and the contract is super important and useful in this regard. I would never work without one nowadays unless it's for a very familiar client on a last-minute deadline and there's no time to get one drawn up and signed. But I'd do that reluctantly.

Hey there! Thanks for posting as you made me second guess my memories. I must apologize for making the sweeping general statement above. I obviously had remembered incorrectly! It is actually usually a legal binding document, but you must be very particular about the legalese. For example, he said to be certain your signed contract includes a "Parole Evidence Clause." This excludes any promises outside of the written contract. It reads like this, "This contract is the full and complete agreement between parties and may be amended by a writing signed by both parties." Anyway, as long as it is written properly and signed it should be legally binding. Sorry for the mix-up

[alexyork]

Hey there! Thanks for posting as you made me second guess my memories. I must apologize for making the sweeping general statement above. I obviously had remembered incorrectly! It is actually usually a legal binding document, but you must be very particular about the legalese. For example, he said to be certain your signed contract includes a "Parole Evidence Clause." This excludes any promises outside of the written contract. It reads like this, "This contract is the full and complete agreement between parties and may be amended by a writing signed by both parties." Anyway, as long as it is written properly and signed it should be legally binding. Sorry for the mix-up

No worries I thought that might be the case