|
Are contracts necessary? If someone is determined to break a contract is there anything you can do about it? I have used a contract for over 20 years and run into very few problems. The number of bad debts I have had, I can count on one hand. And yet, when I spoke to John Haycraft, on whose contract mine is based, he said he hadn't used one for years.
Taking legal action is a path none of us want to tread. A contract may, or may not, help. At the very least it may alert you to problems before you start work. When I occasionally get questions about my contract, they are usually about the copyright clause - an important issue that you and your client need to be clear about when there is still an opportunity to negotiate. My contract, copied below, has a dual function of being a quote and contract. Should you wish to use it, I suggest you also get advice from an intellectual property lawyer regarding its suitability for your business.
|
Jane Grealy
|
|
SAMPLE CONTRACT.
It is recommended that you get advice from an intellectual property lawyer regarding the suitability of this contract for your business.
|
(date)
Quote Ref: ( )
|
QUOTE AND TERMS OF ENGAGEMENT FOR DIGITAL IMAGERY/PERSPECTIVES OF ( PROJECT NAME)
|
CLIENT:
responsible for payment of fee
CONTACT:
PHONE:
FAX:
MOBILE:
EMAIL:
ADDRESS:
JOB DESCRIPTION -
|
DEADLINE: (date)
Please note, that unless otherwise stated, our fee does not include the costs of couriers, framing, mounting, packaging, site photography, site visits, airfares, accommodation/meals, local travel, travel taxes/insurance, international phone calls/faxes, court appearances, written evidence or meeting/conference attendance. Where these expenses are incurred they will appear, at cost, as disbursements on the final account.
1) Payment: The paying party identified on this contract, whose signature appears below, will undertake to pay (your payment conditions here) on receipt of the satisfactory completion of work.
2) Variations: (your company name) will undertake to bill the aforementioned fee and this will only be varied if additional work is requested (specified in Clause 6), a change in scope of work occurs (specified in Clause 6) or the project is cancelled (see Clause 7)
3) Deadlines: All care will be taken to complete the work according to deadline. However our ability to complete the service on time is subject to receiving the essential information from the briefing party at the start of our work. If this is not available, changes to our program will be discussed and a new completion time will be set.
4) Urgency Loading: If (your company name) are required to work overnight or on a weekend or Public Holiday period, a surcharge of up to 100% of the original fee will be charged. This applies where the client has requested us to do so, briefing material has not been received in time, or changes occur during the production period requiring a delay to our work but where the original deadline must be adhered to. Where over normal work time is required because (your company name) have caused delay then no surcharge shall apply.
5) Diligence: (your company name) undertake to apply their skill and experience to provide the service and will use all diligence in completing the task.
6) Alterations: Alterations due to the change in design, viewpoint or scope of the work must be paid for and will be costed as a separate fee exercise from the original work. Where alterations are required because of incorrect work by (your company name) no charges will be made for the changes. Where changes are requested of a subjective nature and the work to be changed can be deemed to be of a proper and correct standard then a charge will be levied for the time taken to respond to those changes.
7) Cancellation: Where a commission is terminated by a client, (your company name) shall apply charge equal to the value of the work done to the date of cancellation. (Your company name) reserves the rights to withdraw their professional services at any stages and will not be liable for any claim for consequential damages.
8) Exclusivity: Exclusivity will only be extended to selected long-standing clients who frequently use our services. In the event we are asked to work on the one submission by several clients then (your company name) will inform all parties of the situation and they can elect to proceed with the contract or not. Should the decision be made to withdraw the commission then only the costs incurred to the date of that withdrawal need to be paid. Where a client has requested and received an exclusive use of our service and who subsequently withdraws that commission the full fee quoted will be payable and deemed to be full compensation for the loss of opportunity for (your company name) to accept other work for the same period of time.
9) Non-disclosure: ( Your company name) will undertake, when requested, non disclosure of any project in hand, up to, but not beyond, the period when the project or design or drawings enter the public domain, usually deemed to be the lodgement of a development application or when the material is material is released via press release.
10) Prohibited use of our work: Our work may not be included, even by reference, as part of a contract of sale.
11) Copyright: (Your company name) retains copyright of the work and grants to the client a license for the work as specified here under in this contract. Any additional use of the artwork is subject to obtaining the approval of (your company name). Where commercial product utilising our artwork is produced and that is not specified in this original agreement then a further charge for such use of our work will be levied. Our signature may not be removed from the finished artwork. At all times whenever and however our work is reproduced the appropriate credit must be made. Such form should be “Architectural Illustration by (your company name)”
Permitted use of the work:
design personation, advertising, site signage, submissions to consent authorities,
marketing brochures, reproduction in company profiles/reports.
other: _____________________________________________________________
Acceptance of the quote and terms of engagement.
Sign and date:
(Your company name): _______________________________________________
Client: ____________________________________________________________
|
