Now, about our contract…

I fear I am becoming the type of service provider I try to avoid: the one who contractualizes everything. The one who qualifies promises of superior service with phrases which begin, “In the event,” “Should you,” and “Just in case.” The kind of service provider who focuses more on business, i.e., getting paid, than on service, i.e., providing value.

Now, I haven’t crossed over to the bad side yet, but I clearly see how consultants and freelancers can start with the very best of intentions, but after getting burned a few times, vow to never get burned again—and take drastic measures to ensure that. Sadly, my experience is one which is all-too familiar to other solo entrepreneurs and service providers. Where to begin? Let’s see, there’s…

The client who doesn’t pay.

The client who does pay. Late.

The client who nickel-and-dimes you from the beginning, and almost always turns out to be the one who doesn’t pay.

The client who requests a three-page sales letter and then says, “Did I say that? I meant to say, 300-word blog post.” (Never mind that in our original, written agreement, the client signed off on the three-page sales letter!)

More seasoned solo entrepreneurs would say that had I more clearly defined my target market, I’d avoid these types of scenarios. Possibly, but I think our bargain-til-the-seller-drops mentality encourages most people to try to get something for nothing, or at the very least, to test their limits.

I think the bigger issue is that I did not draw clearer lines in the sand to begin with. I was so focused on service that I forgot the business aspect.

And so, I’ve taken out my red pen, this time inking through my own text and putting in writing what should’ve been there from the beginning. Things like:

“Two revisions are included in this price. A revision is defined as…”

“Should you change the scope of work…” “Scope of work is defined as…”

And for those clients who would carry and birth a baby in less time than it takes to suggest revisions, a timeline now for requesting changes to copy: “All signed revisions must be submitted within two weeks of receipt of this draft.”

Some days, I can’t figure out if I’m a writer or a drill sergeant. But one thing I’m figuring out as I go along is how not to get burned.

10 Responses to Now, about our contract…
  1. Traci
    May 16, 2010 | 9:08 pm

    Ah, Nichole–you’re squarely in my sandbox now. I know that freelancers and solopreneurs really desire to focus on the “providing value” aspect of their business, rather than on unsavory matters such as contract terms and conditions. But, as an attorney, I preach every day that the contract is the most important part of your business.

    In fact, I firmly believe that having a good, solid contract in place IS providing value to your client. For example, insisting on having a good contract in place says that you value the relationship with the client enough to want to avoid any and all misunderstandings.

    When clients are honorable and above board, the contract protects the relationship. And when clients are dishonest, greedy, and only out for themselves, the contract protects YOU….as it should!

    Congratulations on realizing the value of having a good contract in place. This will serve you well in business!

  2. Laura Sultan
    May 16, 2010 | 11:28 pm

    I worked without a contract for far too long in my early days as a web designer. I learned the hard way how important it is to have one.

    Any conflicts that I have had with clients over the years have generally been the result of mismanaged expectations. One of my key functions as a consultant is to spell out what the client can expect from my company and what we expect from them. I do this first with a proposal, then with the contract, and again at the kick-off meeting.

    I have found that the best clients respect boundaries. Those that don’t will probably be a pain to work with anyway.

  3. nichole
    May 17, 2010 | 11:06 am

    Traci, I have a contract, but I realized it was way too lenient. And I have learned that everything has to be spelled out, no matter how “intuitive” you think some things might be. It’s a hard lesson, but luckily, it’s still early enough in the game for me to make adjustments. As always, thanks for reading.

  4. nichole
    May 17, 2010 | 11:09 am

    Laura,

    I’ve realized my contract isn’t firm enough (though I thought it was really clear). I lay out expectations via phone or email, in the proposal, and again in the contract, but I’ve found that people who don’t operate with the highest integrity will try to find a way around it. One thing I have certainly learned, though, is to follow my gut. Those folks who show signs of being a pain up front will surely be so in the end. In that case, the best course of action isn’t to create a firmer contract, but to not take on the project at all.

    Thanks for reading.

  5. Laura Sultan
    May 17, 2010 | 12:30 pm

    @Nichole,

    You are so right to follow your gut. Fortunately, it has gotten easier to spot the potential clients who will give me grief.

    On the other hand, despite my best efforts to manage expectations, I still have the occasional problem client. That’s when having everything written down is so handy. I just point to the agreement and stand my ground.

    If you haven’t already, have a good lawyer go over your contract to ensure it will stand up if challenged. She may know of issues that need to be addressed that haven’t occurred to you.

  6. Anita Hampl
    August 16, 2010 | 9:36 am

    So true, Traci: “. . . having a good contract in place says that you value the relationship with the client enough to want to avoid any and all misunderstandings.”

    And Nichole, some people want to deceive and cheat you, others simply don’t understand the distinctions. Many people consider a website and a blog the same thing, or ezine articles and blog posts to be the same. So spelling out what each term means, even though it’s a common term to you as a copywriter, is a very good idea.

    Onward to bigger and better projects (and clients)!

  7. nichole
    August 16, 2010 | 8:45 pm

    So true, Anita. Educating clients in this industry is especially important, considering that most of them believe they’re excellent writers already! :) Moving on and moving up. Thanks for reading!

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  2. Startup in Stilettos » Blog Archive » What my designer taught me about grace
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