Client Disclaimer, Anyone?

I love my current clients. They’re terrific people in that we communicate well, work together well and manage to agree on a number of ways their projects should go. It works because they’re great personalities and I’m flexible. It’s Paradise for the working freelancer.

Yet even in Paradise there are speed bumps. I say this because some of my past clients (and one or two of my current clients), while being terrific, fail to hold up their end of things. For instance, I once worked on a book project in which I would only advance to the next chapter once the client approved the changes on the previous chapter. Yes, I’m sure you can see where that led – a project that should’ve taken three months took seven months. The client, while budgeting for my services, didn’t budget for the controls he himself had put into place.

I’m sure you’re sitting there wondering what this has to do with you. Well, consider that you get paid twice by this client – once at the start of the project and once at the end. Given that the start is easy to predict, you’re smiling like a kid with ten bucks in a candy store. Little do you know that seven months later, you teeth have rotted and you are stuck in that candy shop without a dime to your name.

Okay, I’m a bit dramatic, but the fact is we cannot always predict the end date of a project. So I’m proposing one of two solutions for future reference. First, build in a proposed end date into your contract. You’re a pro – you know how much time this is going to take. So give your best estimate and commit it to paper thusly: Client will pay writer upon delivery of completed manuscript or within six months of the start date of this contract, whichever comes first.” Yep. It’s that simple. If you’re still trudging away on this contract nine months from now (which I hope to heaven you’ve made sure you’re being compensated for accordingly), you’ll at least have received some compensation three months prior, and you won’t end up resentful.

My second solution is actually an addition to the first solution: along with that proposed end date, send a statement of client expectations. Make this either a section in the contract or a separate addendum your client must also sign (makes him/her doubly sure what the responsiblities are). In this, you will state the timeline you’ve both agreed on. You’ll also state the timeliness factor – when is the client expected to review and approve by? A week? Two weeks? Make sure you spell out exactly what is expected. If your client is a mondo control freak, this will help you to retain a modicum of control and professionalism. If you’re under the gun, so is your mondo control freak. See the beauty in it?

Also, check with an attorney to make sure your addendum or additional section is legally binding. If you inadvertently cannot hold up your end of things (mumps, root canal, locusts and plagues do happen), you don’t want to be accused of breach of contract, which would nullify the terms and leave you penniless for your efforts. I would make sure someone with a legal eye looks over your addendum or your contract to make sure it’s worded in such a way so that any lapse on the part of either party does not void the deal. If you’re concerned about that, perhaps make it a separate “client promise” type of communication. Not a contract, but a reminder that the client can’t drop the ball and expect you to meet deadlines without his/her cooperation.