[Previous entry: "What's the Matter With Amazon? Not Much, But . . ."] [Next entry: "Is DRTV a Good Way To Advertise? Maybe not . . ."]

12/21/2006: "Copywriter's and Consultant's Contract --- It's Your Only Protection"

I've written quite a lot about contracts. Now, I'm not at attorney so what I give here is not legal advise. It is advise based on personal experience using contracts.

No matter what you call them, contracts, letters of understanding, letter of agreement or just agreement, they're all the same. They're legally binding contracts that say you'll offer a service in return for a certain payment. But above all, it protects you against all the many things that can and often do happen to independent contractors. But contracts are also good for your clients.

I'm not going to get into the entire contract. I'm going to just touch on one very important area of the contract. That's the scope of the project.

Now the client --- any client --- will try and get as much out of you as he can. And the more he pays, the more he'll try and get out of you. Your agreement must have a scope in it. In other words, you must spell out exactly what you will do for the pay and moreover, what you will NOT do. You must say that if the client asks for and you provide additional services, there will be an additional fee.

Clients who really love your work will tend to ask for more. They'll expect you to be on call day and night. So if you intend to give this level of service, charge for it. If not, put it in your scope. Set limits. Make sure the client understands your limits.

Also, make sure the client knows who is allowed access to you. Don't let his staff consider you just a part of the staff and someone to call on at will. That's not your function.

For example, with a few of my best clients I provide exceptional service. I make myself available at all hours and work incredibly long and hard hours. But I also charge these clients a lot of money. They're not paying for my time. They're not paying for certain tasks completed. They're paying for the value I bring to the table. They're paying for the increase in income that I provide them with. Income they otherwise would not get.

So the bottom line is this --- put it in writing. Let the client know the scope of the project or retainer. Give them limits. Don't allow them more access than they are willing to pay for and you're willing to give.

When it became clear to me how much I actually make my clients --- especially my corporate clients --- I realized that scope was more important than I thought. I also realized that the money I made for these businesses was incredible. So I make it a point to get paid well.

Finally, to end the year with a piece of advice to my dear reader, hear this. Never be afraid to walk away from any business. The way to tell a successful person from one who is not successful is the fact that a successful person can and will walk away if he isn't paid what he's worth.

Have a great holiday.