The word "contract" can unleash so many fears. We have nightmares of fine-print documents crafted to take advantage at every turn, restricting everything but the actual date and time of conveyance of one's first-born upon failure to perform.
When purchasing a home, you are given an hour's time for signing more than a dozen documents -- some thicker than a telephone book. If you try to read each one, you are told it's not necessary, you'll have plenty of time to read them in your new home.
Of course, later on, should anything go wrong, you'll be asked why you didn't read the documents before signing. (This question is invariably accompanied by a righteous, "Only a fool would sign a document without reading it, first!") You are then ushered out of the office so the next purchasers can be put through the same process.
Contracts Should be Short, Simple, and Clear
Is it any wonder, then, that we have nightmares about contracts? When freelancers are told to create a contract for their services, most consider it a daunting task. So much so, that they put it off, until faced with problems that wouldn't have arisen had they had one in place from the start.
Creating a contract doesn't have to be grueling. It's an ideal way to discover --
Having a contract will establish you as a professional freelancer who expects to be treated with respect and dignity during the course of your project.
Contract Requirements
A basic contract should include, but is not limited, to the following:
This list is by no means meant to cover every situation, but is more than enough for the average beginning freelancer. A simple paragraph in plain English will make it much easier to discuss with clients.
Formal Proposals listing all the particulars of your services, can be attached to your contract under the Description section as, ". . . as set forth in the agreed-upon Proposal from _______, dated ______, and attached hereto."
What you don't ever want to do is simply copy someone else's contract or download any "standard" contract without going over each and every paragraph. It is vital that your personal freelancing contract says exactly what you wanted and you are not trapped by language you never intended.
The smart thing, of course, is to have your contract combed by a 'fine-toothed' attorney. Starting out, it may not seem financially possible. Then, again, it could well turn out to be cheaper than having to live up to ambiguous language that lets your client get 200 hours of work for $100, based on some paragraph you didn't have time to read.
Freelancing Outside Your Comfort Zone
In the old days, there was a level of trust serving your local community, based upon the fact that you all lived together and expected to do a lifetime of business with each other.
Casting a larger net outside that comfort zone and into a very suit-conscious world means you have to pay closer attention to your contract language. Creating your contract before actually offering your services will give you an opportunity to practice your own negotiation strategies. Rehearsing "what-if" scenarios with every imaginable client request will help you develop professional responses, and you'll be able to meet real clients with confidence.
What a great exercise for those of you who spend the day with a cell phone attached to your head! Who's to know that you're not really on the phone with anyone? Practice. Practice. Practice.
The most important phrase in negotiation, when trying to control your prices and performance is, "... and, of course, as you know, that's a pretty standard request, so we've covered that in paragraph such-and-such, where the extra charges for that particular service are spelled out ..." (Casually point to the paragraph, as you say this.) Almost no one is going to say they don't know it's standard, and you have covered your extra fees, so there'll be no surprises, later on.
A Freelance Contract is a Basic Office Tool
To me, having a contract for freelancing services is a basic office tool. Your contract is just as important as creating office manuals and is definitely not something that should be left until you have your first client. You'll only think of what should have been included after you've signed a last-minute agreement full of holes, and neither side will be happy.
There is nothing more frustrating than freelancers willing to do anything just to get a job, any job, who then complain that they aren't making any money. They've created a clientele level that keeps them very busy, and poor. (And, Why not? The client knows a good deal when they see one.) Unfortunately, these same clients will be almost impossible to bring up to the higher fees and additional charges of your more professional contract.
Clients aren't gods. They are people, just like you and me, and they are just as eager to know what is expected from both sides. Having a contract shows mutual respect and establishes you as a true professional, one who deserves to be paid appropriately for services rendered.
Once you have a contract in hand, I would like to think that it is unnecessary to add that you will serenely perform all services according to the terms of your side of the contract. But, just to ease my mind, let me spell it out: Do what you promise to do in your contract!
When the client can point to missed deadlines and sloppy service, it's hard to complain about late payments. The freelancer who can demand that a client live up to their end of the contract is one who can count on creating a long and successful professional career. And, that's you.
