When most creative people need a contract, they turn to Google. Within a few minutes, you can find a contract that covers just about any scenario in any industry. Some online contracts are free and some can be purchased for a small fee. Regardless of price, using a contract you found on the internet is never a good idea. It's a huge missed opportunity.
Contracts do more than just protect you.
Most people use a contract just in case something goes wrong and they get sued, or in case they need to sue to the other party. While that's one important reason why you should use a contract, it's not the only reason (and in reality, it's not even the main reason!)
Contracts give you an opportunity to get creative with your clients, projects, and workflow. In this way, your contracts actually add value to your projects.
Contracts aren’t meant to be “one-size-fits-all.”
Your business is one-of-a-kind. Every project is a little different, every client has different requirements. Your contracts should reflect that.
Generic contracts don't take into account the unique way you do business. Using a generic online contract is a bit like copying and pasting a generic business plan into a Word document and calling it a day. Will it work? Maybe for a time. But it will only take you so far. At some point, you will need to assess your business environment, your clients, your risk factors, and your workflow to create a business plan that is tailored to you.
A lot of generic online contracts are just...bad.
If you Google "photographer agreement template," you'll get a thousand contracts to choose from. How do you know which one is best?
Generic online contracts often include irrelevant and outdated terms — or worse, omit important terms. If you're not familiar with the legal concepts, it's difficult to determine which contracts are bad and which ones are good. Sometimes it's even difficult to determine who the contract was drafted for ﹣ was it written to benefit you, or was it written to benefit your clients?
Another important question to ask is: who drafted this? Whoever it is, they might not know the current trends and unique standards in your industry. When your contact is poorly drafted and confusing, it sets a bad tone for your client relationships and can create enormous headaches. A concise contract, written in plain language, will set clear expectations and foster trust with your clients. The whole point of using a contract is to ensure everyone is on the same page. If not, why use a contract in the first place?
Get an entertainment lawyer to draft you a custom contract.
Before drafting your contract, a good entertainment lawyer will ask you a lot of questions about your business, your workflow, and the way the contract will be used. They'll ask you about your unique pain points, and if there are any nightmare scenarios you've encountered in the past that you'd like to avoid dealing with again.
Finally, a good entertainment lawyer will draft you a contract that's written in plain language and review it with you until you understand every single word. Because it's impossible to negotiate with your clients if you don't understand what your contract says!
Custom contracts are a great investment in your business. No, they're not free ﹣ but that's because they're valuable!
If you need help drafting a custom contract for your creative business, use the contact form below. As always, this isn't legal advice.
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