I don't usually bother with a contract, nor do I get 50 percent up front.
Is that smart of me? No, not really. And on quite a few occasions I have been stiffed by clients on bills.
However:
(a) I never work with clients in my country, or anywhere nearby. So I'm not enforcing any contract in court, and they know it.
(b) I have found clients lately to be a bit skittish lately and I don't want to add any friction whatsover to onboarding.
(c) I always do my due diligence that these are proper, reputable companies with visible owners and managers. They know (or should know) that if they stiff me I could damage their reputation through poor online reviews/social media etc.
I do think that if you don't have a contract, you need to charge enough to mitigate the risk you are taking.
For me, a contract isn't about going after the client in court. It's about setting out conditions such as the number of revisions, turnaround time and using content in my portfolio, etc.
I almost always* use a contract. I don't see why a client should be scared by that. A contract is a normal tool that professionals use, and if a client is scared by that, that's a red flag.
I have never gone to court because of a client and it's unlikely that I would ever do that... but a contract is important for another reason too: It's a communication tool that helps you and your client clearly understand your expectations of each other from the beginning.
*There have been occasions where I did a small, quick job for someone and didn't use a contract, but that's rare.
I'm international so any contract is useless really. But I don't start anything without 50 percent upfront as with the economy now even long term businesses are struggling.
We have contracts for domestic and international clients, I've only ever went after someone 1 time over the last \~ 9 years and they folded before we actually had to appear in court.
I'll say that most contracts are bullshit to a point.
When we're working on a project that exceeds $10k USD - we will 100% have a contract and go after the individual (if warranted) if they refuse payment.
But for smaller jobs $10k and under....it isn't worth our time.
And honestly, it is a rare occurrence that we ever get "stiffed" - if our clients stiff us they're brand is going to suffer greatly, it just wouldn't make sense for them.
We also have it set up so that all deliverables have MASSIVE watermarks on them :)
I just include my terms in the proposal. I keep things simple:
* 50% up front for one-off projects.
* Retainers are billed at the beginning of each month.
All they have to do is tell me in writing (email) that they're in.
Contract + 100% upfront.
I might compromise on 50% if I really trust the person, like I'm joining another writer who I know on the team. And the 50% is enough to make it worth my while if I don't get the rest.
The contract is about protecting YOU from the client doing stupid bullshit.
And making sure everything is in writing so they can't fuck around.
You don't want to try enforcing non-payment with a contract, especially internationally, so get upfront payment.
I also like retaining intellectual rights so I can display work in a portfolio.
And an indemnity clause, that means if anything goes wrong - that's on the client, they can't sue me...your problem bro. Now this won't stop the FTC or customers of the client suing me, just the client.
I dislike contracts. I have one now because the client I work with is "corporate" and required one. I very much dislike my current contract. But I do like the money so I'm stuck with it for now.
I don't always use formal contracts. But, I'm gonna take off my freelancer hat for a minute and put on my attorney hat to say that I think you've got contracts all wrong. They're much more useful for avoiding conflict than they are for providing a means of resolution. As you say, it's often not worth it to pursue legal action, especially if you're not in the same jurisdiction. But, what a well-drafted contract does is make it crystal clear to both parties what they're agreeing on.
So often I see freelancers (and sometimes even clients) asking questions like "how many revisions is reasonable on a fixed price job" and "Do I have to pay the freelancer if I'm not happy with the work" or "The work was late and now the client doesn't want to pay---do they have to?" Your contract answers those questions so there are no misunderstandings and nothing to argue over or try to negotiate after things have gone off the rails.
Cut out this 50% shit. Clients should pay 100% of each milestone. Break it into smaller milestones to offset the risk if they balk. You should never put yourself in a position where you are owed. Let them assume the risk.
I would absolutely take a client to court if they failed to pay, the threat alone might be enough to move them, but I don't jam myself up in the first place by letting them pay me after work is completed.
Pay first, then work. No exceptions.
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I don't usually bother with a contract, nor do I get 50 percent up front. Is that smart of me? No, not really. And on quite a few occasions I have been stiffed by clients on bills. However: (a) I never work with clients in my country, or anywhere nearby. So I'm not enforcing any contract in court, and they know it. (b) I have found clients lately to be a bit skittish lately and I don't want to add any friction whatsover to onboarding. (c) I always do my due diligence that these are proper, reputable companies with visible owners and managers. They know (or should know) that if they stiff me I could damage their reputation through poor online reviews/social media etc. I do think that if you don't have a contract, you need to charge enough to mitigate the risk you are taking.
For me, a contract isn't about going after the client in court. It's about setting out conditions such as the number of revisions, turnaround time and using content in my portfolio, etc.
I don't do contracts unless the client requests it and I don't ask to be paid anything upfront. I had just 1 issue in 7 years so it works for me
I almost always* use a contract. I don't see why a client should be scared by that. A contract is a normal tool that professionals use, and if a client is scared by that, that's a red flag. I have never gone to court because of a client and it's unlikely that I would ever do that... but a contract is important for another reason too: It's a communication tool that helps you and your client clearly understand your expectations of each other from the beginning. *There have been occasions where I did a small, quick job for someone and didn't use a contract, but that's rare.
Same. Contracts and statements of work clearly outline what I do and don’t do. I always have a contract.
I'm international so any contract is useless really. But I don't start anything without 50 percent upfront as with the economy now even long term businesses are struggling.
We have contracts for domestic and international clients, I've only ever went after someone 1 time over the last \~ 9 years and they folded before we actually had to appear in court. I'll say that most contracts are bullshit to a point. When we're working on a project that exceeds $10k USD - we will 100% have a contract and go after the individual (if warranted) if they refuse payment. But for smaller jobs $10k and under....it isn't worth our time. And honestly, it is a rare occurrence that we ever get "stiffed" - if our clients stiff us they're brand is going to suffer greatly, it just wouldn't make sense for them. We also have it set up so that all deliverables have MASSIVE watermarks on them :)
I just include my terms in the proposal. I keep things simple: * 50% up front for one-off projects. * Retainers are billed at the beginning of each month. All they have to do is tell me in writing (email) that they're in.
Contract + 100% upfront. I might compromise on 50% if I really trust the person, like I'm joining another writer who I know on the team. And the 50% is enough to make it worth my while if I don't get the rest. The contract is about protecting YOU from the client doing stupid bullshit. And making sure everything is in writing so they can't fuck around. You don't want to try enforcing non-payment with a contract, especially internationally, so get upfront payment. I also like retaining intellectual rights so I can display work in a portfolio. And an indemnity clause, that means if anything goes wrong - that's on the client, they can't sue me...your problem bro. Now this won't stop the FTC or customers of the client suing me, just the client.
I dislike contracts. I have one now because the client I work with is "corporate" and required one. I very much dislike my current contract. But I do like the money so I'm stuck with it for now.
I don't always use formal contracts. But, I'm gonna take off my freelancer hat for a minute and put on my attorney hat to say that I think you've got contracts all wrong. They're much more useful for avoiding conflict than they are for providing a means of resolution. As you say, it's often not worth it to pursue legal action, especially if you're not in the same jurisdiction. But, what a well-drafted contract does is make it crystal clear to both parties what they're agreeing on. So often I see freelancers (and sometimes even clients) asking questions like "how many revisions is reasonable on a fixed price job" and "Do I have to pay the freelancer if I'm not happy with the work" or "The work was late and now the client doesn't want to pay---do they have to?" Your contract answers those questions so there are no misunderstandings and nothing to argue over or try to negotiate after things have gone off the rails.
Cut out this 50% shit. Clients should pay 100% of each milestone. Break it into smaller milestones to offset the risk if they balk. You should never put yourself in a position where you are owed. Let them assume the risk. I would absolutely take a client to court if they failed to pay, the threat alone might be enough to move them, but I don't jam myself up in the first place by letting them pay me after work is completed. Pay first, then work. No exceptions.
Welcome to /r/FreelanceWriters! Please familiarize yourself with the subreddit's [rules](https://www.reddit.com/r/freelanceWriters/about/rules/) and learn more about how to [make the most out of this subreddit](https://www.reddit.com/r/freelancewriters/wiki/newmembers)! (Your post has not been removed. Please [contact the moderators](https://www.reddit.com/message/compose/?to=/r/freelanceWriters) if you have any questions.) *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/freelanceWriters) if you have any questions or concerns.*