Is a Freelance Writing Contract Necessary?
Freelance Writing March 24th, 2008Do you rely heavily on freelance writing contracts? This is a question that I am asked time after time. Generally speaking, this is a difficult question to answer because there are many different situations that I deal with on a day to day basis. In some cases I will have a contract in place, but other times this is the furthest thing from my mind.
Here are four details that can and will affect whether or not you use a contract for a particular freelance writing job.
1. In many cases, the size of the project has a lot to do with whether or not there is a contract in place. For example, is it necessary to write up and sign a contract for one 500 word keyword article? In my opinion the answer is no. Of course, if I am going to be working on a 1,000 article project I will definitely want to have a contract in place.
2. Do you trust the company or person that you are doing business with? If the answer is yes, you may not need to use a contract. But remember that trust can often times be misleading. You must be 100 percent sure that the other party is genuine and good for the money. If you have any doubt, and the project is of a decent size, make sure that you have a contract.
3. How much money are you getting paid to complete the project? This should not have a lot to do with signing a contract, but it usually does. Larger freelance writing jobs often times requires a contract more so than smaller ones. This goes along with the size of the project; bigger jobs usually pay more.
4. If the client wants you to sign a contract before starting, good for you. This will show you from the get-go that they know what they are doing, and that they are serious about working with you. No matter what, if you are asked to sign a contract, and you agree to the terms, you should comply.
As you can see, a freelance writing contract is not always necessary. Use the four details above to determine if you need to have a contract in place, or if you can do without.
March 24th, 2008 at 6:10 pm
Remember that if you’re working for someone far away a contract may not actually do a lot for you if the client decides to break it. The best defense against that is really having good relationships (if someone is acting suspicious you should recognize it) and having something that they still need.
March 25th, 2008 at 7:33 am
Even if the writer doesn’t enter into a formal contract with the client, there is likely an email that sets forth the terms of the project. If the only contact with the client is via phone, I think an email to the client confirming the terms of the project is a great way to make sure both the writer and the client are in agreement on how the project is to be completed. A side benefit to the confirming email, especially if the client sends an email acknowledging the accuracy of the understanding, is that you have something in writing from the client setting forth the terms of the deal–sounds suspiciously like a contract. Very useful post. Thanks.
March 25th, 2008 at 7:57 am
[...] Is a Freelance Writing Contract Necessary? [...]
March 25th, 2008 at 11:04 am
Silicon and Jack - Great points! Contracts are often times overlooked, and your insight is sure to help.
March 26th, 2008 at 1:26 pm
I want to draw from this post and your other recent one about rush jobs and promises of more work in the future. I have a question about a situation I recently encountered.
For background, I have been a contract tech writer for a number of years but have almost always worked through an agency, so getting paid was never an issue. My latest contract ended recently so I’ve been out looking for the next. I bid on a short, quick job and was accepted. Per your point 4 in this post, he gave me a contract he wanted me to sign. The contract specified that I would be paid once they were paid by their client. I asked to insert wording that I would be paid 25% within 10 days after submitting my time, and paid in full within 60 days regardless of whether they got paid by the client ever.
After initially appearing amenable to the terms on partial payment, he then emailed me that this was a rush job and they did not have time for more of my “machinations” and they were going with someone else.
So on the one hand, it was a rush job with promise of much more work in the future. On the other hand, he did offer a contract, albeit one that I did not like. I would be curious to hear your thoughts on whether I might have handled this differently and whether it smells fishy to you. Thanks for any input.
March 27th, 2008 at 10:01 am
Ken - I would have done the same thing. When it comes down to it, you need to protect yourself. If the client cannot take the time to add to the contract, you are better off without them. It is important to stay protected in a case like this, and you were doing just that by asking for changes. Good for you-there are plenty of good clients who are more than willing to work in a mutually beneficial manner.
March 31st, 2008 at 1:33 pm
[...] Is a Freelance Writing Contract Necessary? [...]
March 31st, 2008 at 9:12 pm
[...] Is a Freelance Writing Contract Necessary? [...]
April 10th, 2008 at 4:00 pm
Do you happen to have a sample contract you would be willing to share? Maybe I’m thinking too much into it, but I can’t come up with a contract that I’m happy with.