The hardest part in starting out as an independent is making and signing a contract with the client. Here is a sample contract that should simplify this process. Taken from Creative Cow.
Template contract for typical beginners. Modify to your specific needs.
I, (name here) henceforth to be referred to as "the dummy", will contract to work on your ill-defined project for an unspecified amount of hours, with no limitations on how many times I will re-do the work, until you are satisfied, for a single, fixed, fee, payable by third-party out-of-state check, only once and long after you have been completely satisfied, and after you yourself (henceforth to be known as "the client") have made any and all profit from the use of this work, but not if the project incurs no profits. Profits to be determined by Client's verbal say-so. Client will decide when and if to pay for services rendered on a flexible net-2000 basis, with free extensions.
Delivery date will remain fixed, no matter how scope of project is changed, or how many times it is re-done, but client reserves the right to move up the delivery date sooner without penalty. Or notice. Dummy pays for delivery of finished product to a third party.
Re-editing 90 percent of this project is not to be considered a new project, but a free correction to the original one. All dubs are complimentary.
Client has the right to refuse payment for reasons of changes they thought of but never actually communicated to the dummy. Client has the right to incorrectly spell graphics information without penalty. All mistakes will be corrected by the dummy for free.
"The dummy" also agrees to turn over all assets used in the production of your project, including shot lists, logs, EDL's, project files and Dummy's most recent copy of Apple Final Cut Pro and Adobe After Efects, in case Client wants to re-edit the work privately at some future date. The Dummy will also teach any staff or relative the Client names, how the work was done, at no extra charge, for however many hours it takes to make the Client's people competent at replacing the Dummy.
Dummy holds no rights or ownership of finished product and has no permission to show any or all of it to anyone else, or even to admit the project existed or that s/he worked on it, on pain of lawsuit damages.
Dummy further agrees to a non-compete clause that forbids him/her from making any videos for any other clients, of any sort, for any market, until such time as Client says it is okay.
Dummy is liable for any and all lawsuits and legal actions undertaken against the Client regarding this work specifically and anything else generally. Dummy will pay any fines and penalties against this work for things such as copyright violations.
Client reserves the right to add new conditions and clauses to this agreement unilaterally and at will, with no time limit or expiration date.
Signed in blood, with no option for the Dummy to renegotiate.
FREE sample contract for newbies...
Moderators: Víctor Paredes, Belgarath, slowtiger
-
InfoCentral
- Posts: 935
- Joined: Fri May 26, 2006 12:35 pm
- Location: Los Angeles, CA
FREE sample contract for newbies...
Last edited by InfoCentral on Sun Aug 02, 2009 8:09 am, edited 2 times in total.
The flip side to that contract.
I, (name here) henceforth to be referred to as "the artist", will work with my ill-defined skills for an unspecified amount of hours, with no limitations on how many times I will re-do the work, until you maybe satisfied, for a fee that changes with my mood, payable in cash, many times and long after I have been completely satisfied with payment, and after you yourself (henceforth to be known as "the client") and if you make any profit from the use of this work, I will revive 95% of gross, but not if the project incurs no profits. Then the profits to be determined by the artist's verbal say-so. The artist will decide when to pay for services rendered on a flexible net-2000 basis, with out free extensions.
Delivery date will remain variable, no matter how project is changed to meet the needs of the artist, or how many times the artist needs it to be re-done, but the artist reserves the right to push back the delivery date without penalty. Or notice. The client pays for delivery of finished product to anyone.
Re-editing 5 percent of this project will be considered a new project and a complete correction to the original one. All dubs are charge and maximum that the Artist thinks the Client can pay.
Artist has the right to accept payment for reasons of changes they thought of but never actually did to the client. Artist has the right to incorrectly spell graphics information without penalty. All mistakes will be corrected by the Artist for fee.
The Artist will hold hostage all assets used in the production of the client’s project, including shot lists, logs, EDL's, project files and the Artist most recent copy of Apple Final Cut Pro and Adobe After Efects, in case Artist wants to re-sell the work privately at some future date. The Artist will also hide from any staff or relative the Client names, how the work was done, or charging an exorbitant fee for a few hours it takes to make the Client's people completely incompetent at replacing the Artist.
Artist holds all rights or ownership of finished product and has permission to show any or all of it to anyone else, and even to sell the project to another buyer if s/he feels like it. Client’s refusal will have pain of lawsuit damages on any and all objections.
The Artist further disagrees to a non-compete clause that forbids him/her from making any videos for any other clients that is copy or close copy of the work contracted.
Artist is not liable for any and all lawsuits and legal actions undertaken against the Artist regarding this work specifically and anything else generally. Client will pay any fines and penalties against this work for things such as copyright violations.
Artist reserves the right to add new conditions and clauses to this agreement unilaterally and at will, with no time limit or expiration date.
Signed in blood, with options for the Artist to renegotiate.
Dale
I, (name here) henceforth to be referred to as "the artist", will work with my ill-defined skills for an unspecified amount of hours, with no limitations on how many times I will re-do the work, until you maybe satisfied, for a fee that changes with my mood, payable in cash, many times and long after I have been completely satisfied with payment, and after you yourself (henceforth to be known as "the client") and if you make any profit from the use of this work, I will revive 95% of gross, but not if the project incurs no profits. Then the profits to be determined by the artist's verbal say-so. The artist will decide when to pay for services rendered on a flexible net-2000 basis, with out free extensions.
Delivery date will remain variable, no matter how project is changed to meet the needs of the artist, or how many times the artist needs it to be re-done, but the artist reserves the right to push back the delivery date without penalty. Or notice. The client pays for delivery of finished product to anyone.
Re-editing 5 percent of this project will be considered a new project and a complete correction to the original one. All dubs are charge and maximum that the Artist thinks the Client can pay.
Artist has the right to accept payment for reasons of changes they thought of but never actually did to the client. Artist has the right to incorrectly spell graphics information without penalty. All mistakes will be corrected by the Artist for fee.
The Artist will hold hostage all assets used in the production of the client’s project, including shot lists, logs, EDL's, project files and the Artist most recent copy of Apple Final Cut Pro and Adobe After Efects, in case Artist wants to re-sell the work privately at some future date. The Artist will also hide from any staff or relative the Client names, how the work was done, or charging an exorbitant fee for a few hours it takes to make the Client's people completely incompetent at replacing the Artist.
Artist holds all rights or ownership of finished product and has permission to show any or all of it to anyone else, and even to sell the project to another buyer if s/he feels like it. Client’s refusal will have pain of lawsuit damages on any and all objections.
The Artist further disagrees to a non-compete clause that forbids him/her from making any videos for any other clients that is copy or close copy of the work contracted.
Artist is not liable for any and all lawsuits and legal actions undertaken against the Artist regarding this work specifically and anything else generally. Client will pay any fines and penalties against this work for things such as copyright violations.
Artist reserves the right to add new conditions and clauses to this agreement unilaterally and at will, with no time limit or expiration date.
Signed in blood, with options for the Artist to renegotiate.
Dale
-
InfoCentral
- Posts: 935
- Joined: Fri May 26, 2006 12:35 pm
- Location: Los Angeles, CA