I don’t use a formal contract. I do send an email detailing the agreed upon work and my only guarantee which is if they run the copy as I write it and it doesn’t convert immediately, I’ll edit it up to twice in the first 30 days.

If they don’t have their act together and don’t run the copy right away, I’m not to blame.

I make them send the email back with a statement that they agree to the terms set forth.

I’ve not had a problem yet doing business this way. I learned this from Tina Lorenz. I don’t know if she still does business this way or not. It works for me.

If I had to take a 50% payment upfront instead, I’d follow Ryan’s kill fee approach.

I’ve had to refer back to the agreements myself just to remind myself what I promised and what time frames.

I don’t use a formal contract. I do send an email detailing the agreed upon work and my only guarantee which is if they run the copy as I write it and it doesn’t convert immediately, I’ll edit it up to twice in the first 30 days.

If they don’t have their act together and don’t run the copy right away, I’m not to blame.

I make them send the email back with a statement that they agree to the terms set forth.

I’ve not had a problem yet doing business this way. I learned this from Tina Lorenz. I don’t know if she still does business this way or not. It works for me.

If I had to take a 50% payment upfront instead, I’d follow Ryan’s kill fee approach.

I’ve had to refer back to the agreements myself just to remind myself what I promised and what time frames.

I wonder how this client thinks she can sue you. If there’s no contract, how can she find you in violation of it?

Suggestion: Although I’ve not used this in my contracts because I get paid 100% up front for one-off projects, if I was getting 50% up front, I’d put in a clause about “kill fees.”

Basically, if the client decides not to use the copy for any reason, you get to keep the 50% down payment as a “kill fee.” They killed the project — but you should still get paid.

Hope everything works out okay for you, Jenny. Let me know if I can help.

Ryan

I wonder how this client thinks she can sue you. If there’s no contract, how can she find you in violation of it?

Suggestion: Although I’ve not used this in my contracts because I get paid 100% up front for one-off projects, if I was getting 50% up front, I’d put in a clause about “kill fees.”

Basically, if the client decides not to use the copy for any reason, you get to keep the 50% down payment as a “kill fee.” They killed the project — but you should still get paid.

Hope everything works out okay for you, Jenny. Let me know if I can help.

Ryan

Read this post with interest when you first put it up and am compelled to leave a comment today because of events that have transpired this week.

I’ve used contracts since I started my business because it adds a level of professionalism and, as you noted, is good for ensuring everyone is on the same page about what has been agreed to.

But I got lax with a recent client. She kept “forgetting” to fax the contract, and we were in a rush. It was a small project, so I just went and did the work. Her deposit was big enough to cover my initial time investment, so I wasn’t worried.

Two months later, she’s decided to take her biz in a new direction. She doesn’t want the copy I wrote anymore, she wants her money refunded, and today she’s contacting her attorneys to investigate whether she can sue me. I took detailed notes of our conversations and use a time clock to keep track of my hours — she’s accusing me of making up my documentation. A contract would be mighty handy right now …

I’ve also found contracts to be handy if you need to turn a client’s account over for collection, as well as if their credit card issuer flags a payment as suspicious (as happened when an overseas client made two payments of the same amount — 50% down, 50% at completion — within a month).

Thanks for bringing up a valuable topic!

Read this post with interest when you first put it up and am compelled to leave a comment today because of events that have transpired this week.

I’ve used contracts since I started my business because it adds a level of professionalism and, as you noted, is good for ensuring everyone is on the same page about what has been agreed to.

But I got lax with a recent client. She kept “forgetting” to fax the contract, and we were in a rush. It was a small project, so I just went and did the work. Her deposit was big enough to cover my initial time investment, so I wasn’t worried.

Two months later, she’s decided to take her biz in a new direction. She doesn’t want the copy I wrote anymore, she wants her money refunded, and today she’s contacting her attorneys to investigate whether she can sue me. I took detailed notes of our conversations and use a time clock to keep track of my hours — she’s accusing me of making up my documentation. A contract would be mighty handy right now …

I’ve also found contracts to be handy if you need to turn a client’s account over for collection, as well as if their credit card issuer flags a payment as suspicious (as happened when an overseas client made two payments of the same amount — 50% down, 50% at completion — within a month).

Thanks for bringing up a valuable topic!

@Kevin – Love your analogy. Too funny. Glad you found this post helpful.

@DK – I remember you describing that situation to me. No fun. I think that’s a good idea to sign a contract with yourself — helps you stay committed to your personal goals.

@John – I love what you wrote: “Yes, contracts are PERFECT for helping positively disposed people with faulty memories!”

@Ben – Like you, I’m a fan of handshake deals. And I think you and I are in agreement… the key is simply to record the commitments each of you has made to avoid confusion.

@Kevin – Excellent point. Contracts help keep clients on schedule, too. As you said, it’s a two-way street.

@John – Yep, possibilities are very different than commitments. I like how you put that proverb at the top of your contacts. Cool idea.

@Shawn – I’ve done the same thing when submitting an invoice in a Word doc. Just outlined all the details of the project inside the invoice. Again, it’s the principle of getting the details of the project in writing — not necessarily the medium.

Ryan

@Kevin – Love your analogy. Too funny. Glad you found this post helpful.

@DK – I remember you describing that situation to me. No fun. I think that’s a good idea to sign a contract with yourself — helps you stay committed to your personal goals.

@John – I love what you wrote: “Yes, contracts are PERFECT for helping positively disposed people with faulty memories!”

@Ben – Like you, I’m a fan of handshake deals. And I think you and I are in agreement… the key is simply to record the commitments each of you has made to avoid confusion.

@Kevin – Excellent point. Contracts help keep clients on schedule, too. As you said, it’s a two-way street.

@John – Yep, possibilities are very different than commitments. I like how you put that proverb at the top of your contacts. Cool idea.

@Shawn – I’ve done the same thing when submitting an invoice in a Word doc. Just outlined all the details of the project inside the invoice. Again, it’s the principle of getting the details of the project in writing — not necessarily the medium.

Ryan

Alot of times, when I sent clients an invoice using paypal, I’ll set the parameters of the job right in the notes section of paypal, detailing the job that’s to be done, the deadline, the fee, and any other pertinent info. At least that way, if there’s a dispute, I can show the client the paypal reciept, that has the agreed upon terms, fees, work, and deadlines, right there in the invoice.

Shawn Lebrun