Freelance Writer Files: To contract or not to contract.
Posted in freelance business, Helpful Hints, Motivation, Other Stuff on May 4th, 2011 by liz – Be the first to commentIs it rude to ask a client to sign a contract and pay you some money before you do any work for him or her?
Hmm. Some freelancers seem to think so. They rush headlong into client relationships without even the promise of a kiss, then sometimes end up being jilted and cheated of what we all work for: money.
To those timid freelance graphic designers or writers, I ask, is it rude for Time Warner Cable to ask you to sign a contract? Or a remodeling contractor to have you sign off on an estimate before he gets to work? Of course not! That’s bidness, y’all.
If you’re a freelancer who is scared stupid to ask a client to sign on the line with you for fear you’ll lose him or her, I have three words of advice: Get Over It. Someone who won’t agree to sign onto normal terms of payment is someone who doesn’t see paying you as an absolute necessity. You don’t want a shaky or shady client anyhow, do you?
We freelancers constantly have to remind ourselves that we are a business. And any business requires a contract that cements a legal bond between them and their clients. It should help both parties feel safe, because you’ve agreed on the rules in writing. And freelancers should feel particularly safe, because in most jurisdictions, a written contract is considered binding, even if it isn’t too fancy.
In 10 years of freelancing, I never had a contract. Or let’s say, I never had one I could get clients to sign. I think there are two reasons why.
1. I didn’t project confidence in asking them to sign it.
I felt embarrassed to ask for them to agree to pay me money, a common freelancer disorder. The vaccine against it is a hard look at your income and outgo every month. If the first is smaller than the second, then screw your courage to the sticking point and ask for the signature and some upfront money. Because your time and effort are worthy of recompense.2. They were not financially stable, so they weren’t sure they could honor it.
They were the wrong clients. You have to kiss some froggy, financially strapped clients before you find the princes and princesses… but heck, you don’t have to go steady with them. Why waste time you could be spending on clients who will sign a contract with you?
Now I have an Engagement Agreement, a one-page document that sets out my terms. It deals with how I will bill the client, how much per hour, what constitutes billable activity, what happens if they don’t pay within 30 days (a 1.5% daily add-on or being strapped down and forced to listen to indie hip-hop 24/7 until they pay–just kidding!), and so on. My last two new clients have signed it and paid me the deposit I requested, too. Will wonders never cease.
If you decide to work a tightrope without a net, okay and good luck. It worked for me nearly all the time (except for the solid year I dunned a client for a measly $400). But there will be times when you’ll wish you’d had one.
And if you’re a client who’s on the up-and-up, you absolutely should expect to sign a contract with your freelancer. It prevents misunderstandings that can ruin a nice relationship.
To contract or not to contract? I say, “Contract.”





