The absolute genius that abounds in creative business never ceases to astound me. The artistry and talent that goes behind the work is a wonder to behold. From something so basic as a graphic designer's simple, yet meaningful business card to the transformations a lighting designer makes happen with the push of a button. You literally translate your client's vision into a reality they could never have dreamed of themselves. From my eye, trust is what makes it all work. So starting the relationship with a 5 page, single-spaced contract written in legalese just doesn't make a lot of sense to me.
Being a reformed lawyer myself, I understand the need for a written agreement to cover what you will and won't do and what you will and won't be responsible for. However, most of the terms I see in these agreements include items like indemnification, representations and warranties, severability, jurisdiction and arbitration provisions. If you have a large corporate client, out-of-state, who you suspect you might have to sue in order to get paid, then this agreement is perfect. If not, it is complete overkill and totally alienating.
The reality is that most of you would never sue your client — it just wouldn't be worth your time and energy. And, if you do make a mistake, enforcing your contract to cover the mistake is certainly not going to help your business in the long run. For all practical purposes, your contract won't protect you any more than a nice personal letter that spells out the terms and conditions of working with you.
The contracts I see so often bring me to the larger point: everything you do should reinforce the image you want to project — the one that got you the client in the first place. There is absolutely no reason the "operations" end of your business should not mirror the relatedness of your art. Think of these deliverables as the marketing pieces that they are. Start with how you would feel if you got your proposal, contract and follow on billing/invoices the way they exist today. Be honest. If they make you feel like you are just another nameless client, you have some work to do. What these documents should do is convey how much your client matters to you, that you know what you are doing and care enough to make sure that they understand it too.
Will you lose your client with draconian contracts, proposals and other forms? Probably not. But will they undercut your client's trust in you and make them suspicious of how it is that you operate? Definitely. Just not a place you need to be.
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Wow! I never thought of the contract and invoices that way, but it makes so much sense.
Thanks for showing me a new way to show my clients “the love.”
Love & Soul Always, Kay