ArtisanTalent Blog » contracts

Common Pitfalls to Contract Negotiations

Jeff Orloff — Wed, 20 Apr 2011 18:39:23 +0000

When you start contract negotiations with an employer, the objective should always be for both sides to walk away happy. After all, you could have the sharpest salary negotiation skills, but if getting everything you want and only what you want costs you your reputation in the workplace, it may not be the best thing for you.

Contract negotiations are about compromise, but all too often people wind up stumbling over some of the most common pitfalls. When you are talking contract with your employer, try to avoid the following:

Poor planning
You should have a detailed plan that outlines your priorities and the alternatives you are willing to take. Once you have set your agenda, try to outline what approach you think that the other side will take. Do your research to make this as realistic as possible.

Not giving all sides proper consideration
If you go into the meeting with your list of demands and an unwillingness to budge, the talks are not going to get very far. Instead, try to get the other side to see things from your point of view. Also, be willing to give on certain items to show that you are willing to compromise.

Giving in too quickly
Sometimes you have to stand your ground. In any negotiation there will be certain points that you are simply not willing to give in on. While it is important for you to stand firm, you also need to realize that there are certain factors that will make the other side do the same.

Gloating about your success
Once the signatures on the contract are inked and you have a deal that you are happy with, don’t gloat. It will leave a bad impression with the other side and your co-workers may grow jealous.

What You Need to Know About Contract Negotiations

Jeff Orloff — Wed, 13 Apr 2011 18:01:12 +0000

Contract negotiations are very important. Your life will revolve around the things written in your contract such as your pay, duties, etc. Just like a marriage, both you and your employer should benefit. When it comes to your happiness at work, your salary negotiation skills can have a large role to play.

Before you start with contract negotiations, make sure to look over these tips:

Research your value. Before your first interview, talk to friends in the business and consult career websites that include any beneficial information such as salary and benefit packages.
Assess the company’s approach. If an offer is made first make sure you listen to the way it is presented. If they are open to negotiations, they will ask you if you had anything in mind (this is when your salary negotiation skills come in handy) that you’d like to present to the table.
When negotiating, keep different aspects of the job in mind: money, schedule, company stock, responsibilities, time off, relocation expenses, transportation, etc. You want to make sure that all aspects of the job are covered so that there are no gray areas or things that you are absolutely unhappy with.
Once the contract is set, make sure that you repeat the offer/negotiation out loud after you hear it, and then don’t say anything until the employer does. Your pauses will make the employer mistaken it as hesitation and they may sweeten the offer. Make sure to address any concerns you may have.

Remember to focus both on the needs of your employer and yourself. A contract works both ways. With these simple tips, you should be satisfied with the outcome of that next contract you sign. Remember that contracts are a big part of your life; it will be binding you to your work place so make sure that your needs and concerns are addressed.

What Do I Need to Know about Confidentiality Agreements?

Catherine T — Fri, 17 Apr 2009 19:10:00 +0000

If your freelancers are working with sensitive information — future
marketing plans, proprietary software, legal or financial issues –
it's important to protect your organization in advance by having them
sign a confidentiality agreement. This prevents the freelancers from
disclosing any information about your company that they may come across
in the course of their work. Ideally, the contract will also protect
freelancers from having their work misused or reappropriated by the
employer, or from having their business information publicly disclosed.
The more specific you can be in this part of the contract, the better.
If very sensitive information is involved on either side, it may be
wise to have a lawyer look over the agreement before anyone signs.

Common Graphic Designer Mistakes

Catherine T — Sun, 05 Apr 2009 15:22:00 +0000

Virtually every freelance graphic designer has a story of the client who got away, or the partner who stole their ideas, or the project that cost them more than it paid. Of course, many of them won't admit to making these mistakes! Here are some common errors you can avoid:

Doing work for nothing — if you work for free, let it be for something you believe in, with rewards in the form of testimonials and publicity.
Showing mockups to clients before a contract is signed (so they can "adapt" your ideas and pay you nothing)
Showing the client too many ideas (so they wonder why they're paying you since they have to do the work of sifting through them)
Showing the client only one idea (makes it easy for them to reject you along with the idea)
Doing presentations over the Internet (people don't take you seriously and aren't as willing to sign contracts)
Working without a contract
Taking stock in the client's company instead of cash fees (if the company dies, your stock is worthless)
Not proofreading your work

What Do I Need to Know About Negotiating Freelance Contracts?

Catherine T — Tue, 17 Feb 2009 19:09:00 +0000

You've got a good set of specs and a freelancer who seems to have what
it takes. You're set to go, right? Maybe not, if the freelancer wants
to negotiate. Experienced freelancers know that once managers have
invested time in getting to the contract stage, they don't want to have
to start over. There may be genuinely negotiation-worthy points –
perhaps your rates are out of date for the market in which you operate,
or perhaps there's a rights or deadline issue that can be easily
resolved. Like all negotiations, these sorts of talks require knowing
your bottom line and sticking to it. If you can come up on price a
little and make your freelancer happy, it's probably worth doing. At
the same time, there are a lot of freelancers out there. If someone is
really out to take your company for every penny, you may be happier
just walking away.

What Can I Do to Keep Contract Obligations Reasonable on Both Sides?

Catherine T — Wed, 17 Dec 2008 19:06:00 +0000

A good freelancer will go over expectations and deadlines with you carefully, and will provide feedback on any that seem unrealistic. If you hire someone who is working fulltime at another job, it's reasonable to set longer deadlines. This may be a worthwhile tradeoff if you're getting someone with specific expertise or if you're working with a limited budget. If your project is urgent, consider bringing in a team of freelancers, or offering a bonus for on-time completion. Most work will require revisions. Budget time and money in the contract for at least one round of edits. This will be more manageable if you're very clear about who in your organization has the power to require changes, and if those people have reviewed and agreed to the contract.

What Questions Does a Good Freelance Contract Answer?

Artisan — Thu, 17 Jul 2008 14:03:00 +0000

A good freelance contract should set forth clear expectations for the work to be done, including answers to these questions: — When will payment be made? How much? — What is the deadline for completion of the work? Are there intermediate deadlines for specific pieces? — What are the deliverables, and what specific criteria do they need to meet? — What rights is the employer buying to the freelancer's work? — Must the work be done on-site, or is the freelancer free to work from home? — How often must the freelancer provide progress reports, and to whom? — How much revision is included in the agreed-upon price? — What level of confidentiality do you require? — Is there a "kill fee" (standard in some lines of work) if the freelancer's work is not used?

Freelance Web Design: Legal Issues

Artisan — Mon, 07 Jul 2008 13:26:00 +0000

If you are already working in some capacity as a Web designer, it is very important to review your terms of employment before seeking a side career as a freelance Web designer. Even if you don't work for a company as a Web designer, if you signed an agreement when you accepted the job you should carefully review the terms of that agreement before looking for freelance Web designer jobs.

Some employers include broad language in their contracts or terms of employment. Did you sign a contract with a no-compete clause? This may not apply to jobs that have nothing to do with Web design, but if you work in IT or for an Internet service provider, the terms of your work agreement may preclude you working in any field that could be considered related to your current job. Freelance Web design gigs may not technically violate your terms of employment, but if there's a chance that the terms of your day job could restrict you in any way it's best to know those restrictions before you begin searching for freelance Web designer employment.

What is an NDA?

Artisan — Mon, 09 Jun 2008 13:29:00 +0000

When you start looking for work as a freelance Web designer, one thing your employers may require as a term of your employment is your signature on an non-disclosure agreement or NDA. These agreements are designed to protect your employers from corporate espionage or from accidental release of proprietary data to a competing agency. The NDA typically requires you as a freelance Web designer to promise not to release any information about the company to third parties. This includes passwords, files or filenames, mailing lists, proprietary information about source codes or company practices.

It is very important to understand that NDAs are legally binding and can be actionable should you be in violation of the agreement. This includes inadvertent violations such as reproducing the source code you wrote for a company on a separate project. The specific terms of an NDA vary from company to company; before you sign anything in connection to your new freelance Web design gig be certain you understand exactly what is required and what constraints you may be under when you sign that NDA.