Claus(e) Time

Both Eileen and Kimberly asked what clause would go into a contract that effectively voided it should a project come up for third-party review. There are many variations on the theme. Many writers would argue that the absence of a third party’s name on the contract and his/her subsequent involvement would be enough. I tend to agree, but that doesn’t help you when you’re suddenly faced with posses who think they know better who are influencing your client to take their advice over yours (and planting the seed of doubt in their mind, which is deadly to you and the part that really matters).

In email, I explain that because we (client and I) have had discussions that others have not been included in and because I’ve taken time to get to know this person’s motivation, message, voice, and focus, the client should be listening to me primarily. Others mean well, or often their motivations are hidden (such as Joe’s always wanted to write a book and he’s damn well not going to stand by and watch Frank beat him to it). I would recommend you do this in email, as well. It leaves no doubt in anyone’s mind and it’s tough to miss if it’s spelled out in “people speak” instead of legalese.

Here’s what I put in my contracts that voids it upon the entrance of a third party –

“This agreement is made between the Client and the Contractor and all decisions and discussions of the project described herein will be exclusive of any third party not expressly named herein. Any review or input of a third party directly or indirectly in the writing and/or editing process by the Client without the written consent of both the Client and the Contractor will void this agreement and all fees contained in this agreement will be due the Contractor in full and immediately.”

Mind you, there’s a slight chance this clause could be translated to include any help you want to bring on board, so be careful using it. You may want to discuss with your client, and put it in writing, as well, that you reserve the right to hire subcontractors (if the project would require it).

My disclaimer –
Since I’m not a lawyer, run this past your legal counsel to make sure there’s nothing here that could sink you. I make no guarantees on this clause – I’ve just recently added it to my own contracts and it hasn’t been challenged yet. So don’t just take my word for it! Get an attorney to look it over for you.