Think You Need A Contract? You Probably Do.

 

When do I need a contract? Long story short, if you think you need one, you probably do. Here are 5 agreements common for creatives.

If there is an exchange of goods, services, or even ideas between you and someone else, or your company and another company, it is best to get it in writing, especially when money is involved.

Different scenarios call for different types of agreements. In general, a contract details a proposal of terms by one party and the agreement to those terms by the other party. A good contract includes specific details on responsibilities, promises, obligations, and what to do if the agreement is broken.

You’re getting paid to produce or do something → Main Services Agreement

  • Also called Master Services Agreement or sometimes simply Services Agreement, this contract sets expectations for how you and your client will work together.

  • Includes details regarding the scope of work, deliverables, payment terms, timeline, how to handle disputes, and what happens if the client changes their mind.

  • Typical for designers, programmers, production houses, and beauty artists.

You’re pitching an idea or hiring someone → Non-Disclosure Agreement

  • Protects confidential information by setting terms for what information must be kept private, like client information, contact lists, personal details, or projects before they launch.

  • Protects your business in case information is publicly released in violation of the agreement.

  • Good for business owners, entrepreneurs, and creative directors. Before you pitch an idea or share a deck, have the other party sign an NDA. If you’re hiring someone to work with you on a project or join your company’s team, have them sign an NDA before start day.

You’re hiring a contractor → Independent Contractor Agreement

  • The agreement sets out the working relationship between you and the contractor including a description of the project, a list of deliverables, payment terms, and timeline.

  • Protects both parties to ensure everyone receives what was agreed upon.

  • Good for business owners, entrepreneurs, and creative agencies to present to project based or freelance hires.

You’re launching a website or e-store → Terms of Service & Privacy Policy

  • A privacy policy is required by the law if your site or shop is collecting and processing personal information from your customers.

  • A terms of service agreement is not required by law but is used to limit legal liability and protect your business by setting out rules and guidelines for your website including copyright notices, termination, and refunds.

  • Good for jewelry designers, music labels, lifestyle & wellness entrepreneurs, and anyone collecting customer information or selling a product online.

Your artwork is going to be used by someone else → License Agreement

  • To license your art, design, image, or music means to grant a person or company the rights to use your work in a specific way.

  • The agreement covers your rights, responsibilities, and payment terms, as well detailing how, where, and how long your work will be used.

  • Good for visual artists, fashion designers, and musicians to protect and monetize their work.

 
 

This information does not, and is not intended to, constitute legal advice. All information, content, and materials are for general informational purposes only. No reader should act, or refrain from acting, with respect to any particular legal matter on the basis of this information without first seeking legal advice from counsel.