Crappy contracts

Okay folks, times are tough and the smart businesspeople are sending out icky contracts to the creatives of the world, to try and scare them into signing away more than they ought. Please do NOT fall into this trap! This is just a manipulation by the smart, calm business heads to get more for less.

Here are some things to remember:

  1. Insist on advances. 50% is a good place to start.
  2. Do not agree to payment when the agency/mid-client gets paid. You get paid when you say, not when they say.
  3. If not 50% up front, try 1/3 in advance, 1/3 at delivery, 1/3 in 30 days. If you do this, do NOT hand over the images w/o getting the check!
  4. Offer a “discount” for paying on delivery or 15 days net or similar. Say 5%, but behind the scenes, add that into your estimate so that you are still getting what you should even when they take advantage of the discount. For example, if the project normally would cost $1000, bill $1050 and if they pay fast they only pay $1000.
  5. READ your contracts, especially POs, carefully! I expect to see clients trying to get additional rights by trying to sneak stuff in there. Btw, this isn’t really legitimate under contract law in many cases, but if you don’t make a stink about it before you sign, you might waive your rights to complain later.

Most of all, don’t bother getting angry about this. This is a smart business move from the buyer’s perspective. They know they have the upper hand in some ways and they are legitimately trying to exploit that advantage. That doesn’t mean you have to roll over for them, though.

3 Replies to “Crappy contracts”

  1. Yeah contracts like that are bullshit. I licensed three images to a spanish mag last week and did not release the images until they paid via pay pal in full. They did and they got the link to the files after. There was no BS on their part it was just business.

    I think the problem with working artists is that we love to create so much that we often dont slow down and think. I had a client ask to lower my fees and I asked why then shut up. There was silence on the phone for 5 sec which felt like 5 hours then they said they would call back and they did and they agreed to my price.

    What we do in Phoenix is tell everyone whats going on as soon as the shit hits the fan. So if a client is trying to rip off creatives word gets around as fast as an email then things can change on the clients part and it often does fast.

    The only discount I offer is 10% off if they pay in time. Now I do add 10% on as a line item but I state it in my T&C that if they pay on time they can deduct the 10%. Nice thing is that so many clients dont read a damn thing then you get a nice little bonus. On a job in the 5 figures range that amount is a vacation.

    I might be expensive but I’m the only Giulio Sciorio so until there’s another Giulio Sciorio rocking it out my prices are MY prices.

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