Important Disclaimer: I am not a lawyer and this is not legal advice. When in doubt, always consult an intellectual property or copyright lawyer for help with your contract questions.
This week I officially accepted an assignment for a publication that I’ve never worked with before.
They’re new on the scene but very hip and beautifully designed, so I knew when they offered me the gig, I would accept it.
But then I took a look at the contract.
There was nothing wrong with it per se, but there were parts I didn’t understand and things that I just knew were supposed to be there that weren’t (from the writer’s standpoint, anyway).
So rather than grudgingly signing on the dotted line, I asked for clarification. And once I got clarification, I requested several very specific changes including the language I wanted to see.
It was all I could do NOT to include the phrase, “I understand if this is too much trouble and you’d rather just pass on this one,” but I’m glad I fought the [coughcough self-defeating coughcough] urge.
The response?
“No problem, I’ll send a new copy right over with all of those changes.”
And they did!
What’s the moral of the story?
Well, there are a couple:
- Don’t sign a contract you’re not comfortable with.
- If you’re confused or unsure about something, get clarification.
- Be assertive and confident in asking for what you want when it comes to changes.
- Don’t apologize for protecting your interests; it’s part of the job.
- Say thank you when you get what you want.
Do you have any stories of successful (or unsuccessful) contract negotiation?
Leave a comment and tell us about it!
More on contracts from yours truly:
Kristen,
I’ve taken a pass on a couple of opportunities because of bad advice from lawyers. Not bad advice to me, mind you. Bad advice to the potential client. In both cases, I refused to sign a nondisclosure agreement and never even got to the point of quoting on the job. Generally I sign a nondisclosure immediately. No problem. In these two instances, though, the agreements would have imposed completely unreasonable and obnoxious conditions that would have prevented me from ever working again–for anybody–as an editor. When I politely pointed out the problems and struck the offending clauses, the prospective client, “on advice of counsel,” chose not to negotiate terms.
Your point number 1 is worth emphasizing. Remember that a contract is an agreement. If you don’t agree, don’t sign. If you can’t negotiate an agreement, chances are the working relationship wouldn’t have gone well, either.
Dick
Great tips and advice, Kristen! Congrats on getting those changes 🙂
Smiles,
Michele
@ Dick – your reminder “Remember that a contract is an agreement. If you don’t agree, don’t sign” is exactly what I was trying to say. Thank you for emphasizing that important point!
@ Michelle – Thanks! :]
kk