Contracts & Formula Bids ?

[tommylogic]

Curious, does anyone have standard contracts they use for their gigs? Or more importanly would you be willing to share them? I have a few that I could possibly post that are of the vanilla flavor I use for a base. But I am always wondering what others are using.

I am not too much into formula bidding either, but I have come accross others who produce a bid comparison from a competitor that is on a printed sheet with a list of checkboxes, etc and a handwritten price next to it.

Opinions? Examples?

[Cwilk]

We use standard contracts from AIGA's book 'Graphic Artists Guild Handbook: Pricing & Ethical Guidelines'

Then we modify them to fit what project we are doing. The book is worth it's weight in gold, but you have to retype all the contracts because they aren't available digitally to just download.

I would never hand-write a bid or contract. Looks too sloppy.

Also another tip on bidding on a project. .... don't make yourself the highest bidder and don't make yourself the lowest bidder. You're probably asking how you would know, but you will know. If you feel as though your bid is too low, it probably is. It also works that way if you feel it is too high.

We get projects awarded mainly because we're in between.

Hope this helps.

[tommylogic]

Yeah, thanks CWILK.. I have the bidding down & am fine in that department.

I was having a conversation with a friend of mine who is a Graphic Artist in Orlando about contracts, he tends to stear clear if possible and if he does enter into a contract, he tries to make it as broad as possible.

I have been burned in previous business relationships so I tend to lean on the "cover my butt" side. When I send an initial invoice for deposit, I have a series of disclosures and agreements in a small section a the bottom that they must agree to and sign.

I give a I was just wondering if anyone actually entered into formal contracts and what they looked like or from whom they were procured.

[Cwilk]

I would never work without some form of approval on the end project or a contract for a major project. A business card is one thing, while a website or publication is another. On business card orders, the client must sign off on the end product as a form of contract payment. This way if the project has an error (specifically a spelling or phone number error) you're not responsible. I mentored a young designer out of high school and he took on a small project. Well once the project was printed, there was an error on it. So the client declined to pay. Well I had forced the young designer to make the client sign off on the project saying "Approved" and signing it for print. This will hold up in court. Well, the client paid and the young man I mentored understood the importance of that approval being written on the project.

Here's a basic contract. I get into mine a little more specific.

http://www.graphic-design.com/dtp-re...est/agree.html

And here's a great way to not get paid as a graphic designer (I've always thought this was funny....and Tommy, you may want your friend to read this one):

http://desktoppub.about.com/od/freel...NotGetPaid.htm

[Cwilk]

Oh, another thing......and this is just general contract information for anyone on this forum.

Designers don't always know this, but no matter what kind of illustration/art design you do for a client, the designer always retains derivative rights unless they are signed away in a contract by the designer.

Derivative rights are retained (by law) by the designer because once you've created say for instance, a logo (which is artwork), no one is allowed to make a change on it except the person who did the artwork. The reason this is this way is because if I do a logo and another designer comes along and makes changes to it, they've now defaced the artwork without permission. It's always important to let the client know that you have first rights to change a piece of artwork and you must give the rights in writing to allow another artist to do the change instead of yourself. Otherwise you can sue the client for breach of your derivative rights.

[tommylogic]

Yeah all too familiar with that. If you go to my site you'll see "Muse Services" that is basically me doing the design for them and giving up any rights to it. Say for a member of an agency who is behind on a project... it happens. It would happen to us in Art School too, get behind on one while too wrapped up in another. Only now my friends' jobs are on the line, etc. So I don't mind helping complete a project and we do it through this service.. I offer full non-disclosure agreements on that and retain no rights to the work. Just friends lending a helping hand.

My tatctic on the bid is that I generate one document.. the bid is the contract. I present to the potential client a document with all the details on it and have them sign and return it with a check if they want my services. It eliminates an entire process and assumes they want the job ahead of time, then as far as sales go.. all I really am selling is a position on my schedule.

Thats my tactic.. and I'm stickin to it.. HA !!

[Cwilk]

Sounds as though you understand all this junk too. It's sooooo much fun isn't it?

Yes, unfortunately anyone doing work for an ad firm or an employer gives up those rights.

My husband did several lighting design rig changes (actually creating the blueprints for changing a part on a light rig so it would fit something else as a custom fit.) He did this for a major hotel as the lighting director. This wasn't part of his job. He wasn't hired to do the actual engineering, only the lighting, programming of lights and designing. So basically when he left that company, they owned all his custom engineered blueprints. Pretty sad.

[tommylogic]

People never cease to amaze me. Yeah its a blast when you get caught in that pickle.

I started this thread hoping to bring light to some of that subject. It is really an unfortunate part. I would say to new artists; learning the actual business is the worst part. Its very disenfranchising.... that book you mentioned is extremely valuable (althoughI seldom use it, I heard that it is).

I would like to see this or another topic stay open on JUST the subject of business operations. Creating the work, getting the gigs.. all that is cool, but wow what a valuable lesson operating a business can be.

Anyone have stories on "Getting Screwed byt the Ad Agencies"? Thats a fun one. Or if anyone wants to share some info on contracting techniques, that would be cool too.

[Cwilk]

Yes, stories of Getting Screwed by Ad Agencies would be quite a read. Unfortunately I don't have any because (fortunately) I discovered early on what they are like to work for.

As for the new thread, I'll start it with the name you suggested (Business operations; Creating the Work & Getting the Gigs.) Great idea!

[Laura Lynne]

These are a good read from flashwiz

http://www.graphic-design-forum.com/...read.php?t=256

http://www.graphic-design-forum.com/...read.php?t=257

http://www.graphic-design-forum.com/...read.php?t=258