some easy things to remember for contracting

Defines:

1.  Work requirements - delivery of how many and when

2.  Payment amount$ and frequency + no refund Deposit % of total contract amount

3  Work Start and Final Completion Date

4. Who owns the imaging copyright after work completion.

5. Backdoor clause in case something does not work right for either party - "Leave Harmless"

I think this has been discussed in prior threads

Dave

Thanks for the input there Dave.

Please clarify point 5.

Point 5

Back door - or escape clause.  You get paid for partial work performed, and neither party is financially damaged in the event that some unforseen event occurs that prohibits the project completion. Or completion on time.

Examples: Building falls down.  Clients project fails for reasons not caused by you.  International disaster.   Sometimes we use a 'Blue Sky' clause which means if the client contract says they want images taken with lots of sunny days with blue sky... and it rains for a month straight. Your completion date can be mutually extended (by X days) until such time as there is sufficent number of blue sky days so as to complete the photography contract. 

Item 6  Governing Law

Since your client is writing the contract, it is his responsible to explain in writing all the clauses.  In the event of a law suit.. which country has the claim settlement jurisdiction,  Country, County, city etc? And after successful contract completion can a claim be filed? 1 year ? 

You might also consider what we use is a Project Completion and Claims Release.  Upon the final completion date, and your client approval and product delivery, get the client to sign a claims release basically saying, all approved products have been accepted by the client and that final payment has cleared your bank. That the client can not now file a complaint against you.

Simple example.  Contract clause clarity.  A coal company in the UK was responsible for delivering coal fuel to a receiving company in the US.  Upon receiving the total quantity the US company filed a complaint saying the UK company was short delivering 1000 Tons of coal.  Upon further examination of the contract documents the definition of a "Ton" was not specified.  It was the responsibility of the 'Contract Author" in this case the US company to have better defined the measurement term "Ton".  Was it a US Long Ton, Short Ton or a Metric Ton.  The British company won the suit because the simple definition was not specified in the US authored contract. 

It also helps if you get a solicitor experienced in international contracts to review the contract before signing.  Its worth the money and helps eliminate hassels.

Hope that helps,

Dave

Been busy...

yes this helps