I need to draft a contract for a client. Do you have any recommendations about making sure I’m using the correct language so it doesn’t bite me in the end?
APA is a great resource for contracts and estimate forms. ASMP has advice about legal language too. APhotoEditor has great contributors, including an executive producer of Wonderful Machine, and they give sample estimates. Also refer to the ASR posts about what to include in your bid under the “job description.”
Do you have some techniques for broaching the topic of usage when working with small businesses? I want to make sure they understand that they are purchasing limited rights, and that as they grow they will incur additional usage rights.
Usage is often confusing, and some clients, outside the oversight of an agency, have little understanding of the concept. A few simple sentences will help clarify the usage they are paying for. One very important piece of advice is to put everything in writing from the beginning. Start with the estimate and make sure it’s clear in the contract once you’ve booked the job. Once it’s in writing, you’re protected. If you want me to review the contract, I’m happy to take a look.
I may have already told you this, but…
Part of the purpose of an estimate is to protect yourself. On EVERY bid description be sure to include:
“Bid based on information provided, any changes may incur overages”
AND
End the usage terms with,
“Granted with full payment”
Your estimate is so important. It’s your terms and conditions, it’s what’s going to protect you. You must put in all the details, such as how many shots, how many days, how many hours, is there overtime? Will there be retouching? Always use that line, “Bid is based on…” Make it all clear in that top job description paragraph. Make sure they read it. You also would have it in the terms and conditions below, but we don’t think anyone is really reading those. They will protect you in court, but hopefully we will never get to that point. Make sure you put in all your details.
How often do you get an advance? All I hear, over and over again is, “it takes 30 days to get in the system and process payment,” etc, etc.
This does depend on what industry you are in, but for commercial photography, an advance prior to the start of the shoot is especially important if it is with a new client. I would not begin a shoot without an advance for 50% of the total or 75% of the expenses.
ALWAYS GET A 50% ADVANCE FOR A PHOTOSHOOT.
How do I know if I am too low on a bid?
If the client responds to your bid by asking if you have enough for certain line items like “location scout” etc, then you can assume you are too low. At that point I’d be direct and explain how you were assuming the budget was low, but you may have been mistaken. This can be turned into a positive to show your excitement for the project. Has anyone had an experience like this you’d like to share?
How do you know if you need a producer or not on your job?
If you foresee the job needing a producer you can always ask the client if they think there is room in the budget for a producer. It’s actually a nice way to try to get more budget info. If the answer is “no” then I would suggest not having a producer do the estimate for you because they usually have higher production costs.
What do you do if you don’t know how to ask for what you’re worth?
This is common and most freelancers don’t know how to rate themselves fairly while balancing out competition, usage or market prices. My approach is to connect with the client on the phone and listen to what they often want to tell me. My favorite sales approach is honesty. It works wonders.
What is your favorite sales approach?
Clients can’t usually give you numbers, you have to throw numbers out there for them to bring you up or down.
One line I add to all our bids:
“Bid based on info provided any changes may incur overages.”
Another good item to put on a bid is 50% advance payment of total due before shoot begins.
