A creative services agreement offers a crucial tool for anyone providing creative services to clients. But too many creative business owners hurt themselves when they don’t have a creative services agreement that properly supports their business.
Done right, a good client agreement will not only protect your business from legal risk, but also help you create an amazing experience for your clients with less stress and frustration.
We put together this easy-to-understand list of things every creative services agreement must have.
Clearly state your clients’ obligations
As a service provider, you must deliver the work you promised.
And your clients also have obligations. It’s crucial to define these obligations in your creative services agreement. Failing to do so leads to annoying delays and needless conflict.
Aside from the obligation to pay on time, your clients also need to promptly provide the information you need to complete your work, ensure you have access to whatever tools you need, and provide timely approvals so that you can proceed on time.
Get payment upfront
The easiest way to get paid on time is to get paid upfront.
Too many creative professionals wait to get paid at the end of the engagement, and this is a mistake because it removes any leverage you might otherwise have to get paid.
You end up wasting time chasing down money instead of creating.
Ensure your creative services agreement clarifies what your clients need to pay upfront.
Account for non-payment
But sometimes, clients don’t pay on time or at all.
To avoid this, account for non-payment in your creative services agreement.
Make it so that if your client fails to pay, you have the right to stop working or withhold the license to use the work that you have created.
Set clear timelines
It’s surprising how often creative services agreements do not include clear timelines. Too many times, we will see vague words like “timely” or “ASAP” instead of a clearly defined date.
You should include a clear timeline so that everyone knows when things should be done. This helps set expectations and ensures that everyone gets what they want, when they need it.
Be able to end or change things
Situations change, and your creative services agreement needs to accommodate those changes.
Ensure your contract provides guidance on how you and your clients can change scope, payment, and timelines.
Also, a creative services agreement should include provisions allowing parties to terminate the agreement without fault, should the need arise.
Get clear on confidentiality
Working together requires trust from everyone.
To ensure that trust stays, pay attention to confidentiality when working together.
That means knowing what secrets stay secret and what’s OK to share with colleagues or as part of your promotion. Your creative services agreement should guide on this.
Protect yourself from excess damage
If things go sideways for your client, you don’t want to take the fall.
Many people are surprised to hear that they can be legally liable for far more money than they got paid when working with a client.
This can ruin your business unless you protect yourself from excess liability in your creative services agreement by using a limitation of liability clause or something similar.
What do you do next?
Having a creative services agreement is a non-negotiable if you provide creative services.
Without it, your business is plagued by disputes, non-payment, and frustration.
With it, you have a crucial tool to provide an excellent experience for your clients and make more money.
The most successful creative entrepreneurs have support in figuring all of this out. We know because we provide that support and make it affordable so that creatives who want to build a strong business have access to real legal support and guidance.
