Comments on: Should You Get It in Writing? The Value of Writer Contracts http://www.whitepapersource.com/writing/should-you-get-it-in-writing-the-value-of-writer-contracts/ The source for writing and marketing white papers Wed, 23 May 2012 14:13:48 +0000 http://wordpress.org/?v=2.3.2 By: Susanna K. Hutcheson http://www.whitepapersource.com/writing/should-you-get-it-in-writing-the-value-of-writer-contracts/#comment-20090 Susanna K. Hutcheson Sat, 02 Jan 2010 01:16:30 +0000 http://www.whitepapersource.com/writing/should-you-get-it-in-writing-the-value-of-writer-contracts/#comment-20090 It's been my experience that, in most all cases, a contract is your best insurance against the many pitfalls of doing business with people you don't know and may never see. While I've done many projects sans a formal contract, I always have an email trail of what I'll do and what the other party is responsible for. Email is now considered a legal document. However, most often I'm more comfortable with a formal contract that spells everything out clearly. Fact is, a minority of clients will attempt to get a refund or do a chargeback or some other such activity. You need to make it clear that you either do or do not offer refunds and what action you'll take in the event of a fraudulent chargeback. Of course, when you're dealing with true professional people who are respected and well-known, this isn't an issue. But many copywriters don't deal with this sort of client. When clients know they're under a contract, he knows without a doubt what you'll do for him, what is expected of him and what is and is not allowed as appropriate behavior within the context of the agreement. Moreover, the client will understand what copyrights are transferred to him. Without this little bit of information (in writing) he owns nothing -- the copywriter owns it all. So it's for the client's protection too. You may get along just fine without a contract for years. But there will come a time when you find yourself in a major legal mess or a loss of a large sum of money and you have no defense unless you have a written contract. It’s been my experience that, in most all cases, a contract is your best insurance against the many pitfalls of doing business with people you don’t know and may never see. While I’ve done many projects sans a formal contract, I always have an email trail of what I’ll do and what the other party is responsible for. Email is now considered a legal document.

However, most often I’m more comfortable with a formal contract that spells everything out clearly.

Fact is, a minority of clients will attempt to get a refund or do a chargeback or some other such activity. You need to make it clear that you either do or do not offer refunds and what action you’ll take in the event of a fraudulent chargeback.

Of course, when you’re dealing with true professional people who are respected and well-known, this isn’t an issue. But many copywriters don’t deal with this sort of client.

When clients know they’re under a contract, he knows without a doubt what you’ll do for him, what is expected of him and what is and is not allowed as appropriate behavior within the context of the agreement.

Moreover, the client will understand what copyrights are transferred to him. Without this little bit of information (in writing) he owns nothing — the copywriter owns it all. So it’s for the client’s protection too.

You may get along just fine without a contract for years. But there will come a time when you find yourself in a major legal mess or a loss of a large sum of money and you have no defense unless you have a written contract.

]]> By: Tom http://www.whitepapersource.com/writing/should-you-get-it-in-writing-the-value-of-writer-contracts/#comment-14503 Tom Wed, 12 Aug 2009 00:07:34 +0000 http://www.whitepapersource.com/writing/should-you-get-it-in-writing-the-value-of-writer-contracts/#comment-14503 I would say, you should never work without a contract. It's not just about getting paid. It'a about liability issues too. When you don't have a contract and things go wrong, your clients might be inclined to blame you. Especially if they spent a great deal of money with no result. If you don't have a contract, they can make claims like, "You guaranteed this letter would get a 10% response rate and because of that, we produced 10,000 widgets. We only got a 3% response rate. You are liable for the cost of all those widgets we didn't sell." In a bad economy, things like this can happen. Protect yourself, use a contract or letter agreement with every project. I would say, you should never work without a contract. It’s not just about getting paid. It’a about liability issues too. When you don’t have a contract and things go wrong, your clients might be inclined to blame you. Especially if they spent a great deal of money with no result. If you don’t have a contract, they can make claims like, “You guaranteed this letter would get a 10% response rate and because of that, we produced 10,000 widgets. We only got a 3% response rate. You are liable for the cost of all those widgets we didn’t sell.”

In a bad economy, things like this can happen. Protect yourself, use a contract or letter agreement with every project.

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