OUGD602 - Terms and Conditions

6B2.

Terms and Conditions: Legal advice for creatives:

Terms/Service Agreements:
- Write in a manner that everyone can understand, signed by both parties before starting work, outline what you are going to do, how it will function.
- Legally binding as long as you have evidence of it and have shown it to someone, ideally signed by both parties involved.

Task - What do we think should be put into a terms/service agreement?

What should be put in a Terms/service agreement?

- Schedule parameters.
- Work hours or days.
- Schedule or timeline - flexibility? Hard and soft deadlines?
- Client responsibilities - handling of the project, assets, etc.
- Client representative.
- Client approvals - when will they be scheduled into the process?
- Client changes.
- Samples and credit - stock images, music, license agreements - make usage clear/client liable for any extra charges associated with using third party sources.
- Credit - will your name be attached to the work? Logo? - good for creative press.
- Delays and termination.
- Consequences of non-payment.
- Usage - what media will it be used on? This allows you to build value into a project rather than just handing over a piece of branding and allowing the client to use it as they wish since this would incur a loss of money.
- Duration.
- Location.
- Electronic files - who's going to store it? Where? Length of storage? - always back up! Include storage in cost of quote, retrieval fee.
- File requirements.

10 things every creative should know (Freeths LLP):

1. Know the value of your work.
Research what other people are charging for similar services and, if possible, on what terms. Each sector will have its own standards and familiarising yourself with those will ensure you are a competitor, but also not underselling yourself.

2. Protect your work and your brand.
Copyright, trademarks, patents and licensing are there to protect you. Get a lawyer to read any contract you get sent to avoid getting underpaid.

3. Know your client and what they want.
Ensure you know who you are working for and even where they are based. Sometimes you may never meet a client in person, but it is essential that you know exactly what they want and ensuring that you can deliver it. Time, style, format, location and other factors all play a factor in your ability to deliver. Scope it out properly in the contract before you start the work.

4. Who owns your work?
Make it clear to the clients if you want to retain the right to share your work on social media, etc. Don't assume you own what you create. If you are contracted or employed to create designs or content, chances are what you produce will be owned by whoever contracts you, but you should always read the small print.

5. Non-disclosure agreements.
Non-disclosure agreements (NDA) are commonplace when working in commercially sensitive and highly competitive areas. Although they can be fair and reasonable, sometimes they can be very restrictive and go far beyond what is intended. You might be required to sign one before you start work.

6. Don't agree to something without thinking about it first.
If you feel like you are being hounded, take a step back - probably a dodgy deal. Don't be pressured into making instant decisions. Although there are time pressures, you need to know exactly what you are signing up to.

7. Never sign something without reading it and understanding it. Even the small print.
When it comes to your work and your business, you have a duty to yourself to familiarise yourself with what you are signing up to. If something isn't clear, seek clarification and have any contract amended first.

8. Consultant, contractor, employee or worker?
Register for self-assessment tax, even if you are a freelancer (GOV website). The capacity you are engaged in can make a huge difference to what rights you have. What makes this even more difficult is that the label you are given might not always match the true nature of the working relationship. As well as legal implications, it can also affect your tax status. You should know your rights any any obligations before you commence any work.

9. What to do if someone steals your ideas/designs.
Breaches of copyright, passing-off and theft all have legal consequences, but correcting the breach can be costly. However, there are a range of less expensive, easier to access options in lots of cases. Beware of making groundless threats or you might be on the receiving end.

10. Get to know a friendly lawyer.
A good lawyer can offer more than legal advice. They can be a good sounding board, offer perspective and give you a sense of what is right and wrong. Building a relationship with someone who can advise and guide you is important from the start and even more important as your brand and business grows.