Being a Professional Freelance Writer (Part Five)

You: Do I even need one if I am...

Me: Yes!

A quick disclaimer: the information that follows is based on my understanding of Australian contract law, which is where I am based. I would recommend researching contract law relevant to where you are in conjunction with reading this article before taking my word as gospel.

For freelance writers

My writing contract template is split into several categories and I will explain each of them to ensure the reasons that they are included are clear. These categories are: summary, the work, writer’s responsibility, client’s responsibility, delivery and deliverables, payment schedule, copyright, and indemnity.

The 'summary' makes it explicitly clear who the contract is between, stating that it is an agreement between Party A (me) and Party B (the client). I include as much information as I know, to ensure identification is clear, including contact details and ABN (Australian Business Number). This section also has a brief comment stating that the contract is a legally binding document designed to ensure both parties are happy with the working arrangements we have discussed.

In 'the work', I outline precisely what I, the writer, will be producing. This includes information like style, genre, and word count.

In 'writer’s responsibility', I provide a list of what I affirm to the client. This includes my ability to do the work, that I will be prompt, that I will meet deadlines, and that I will keep any information provided to me by the client confidential.

In 'client’s responsibility', similar specifications are made. By signing, the client is agreeing that they have the legal capacity to enter into the contract, they will provide what I need to complete the project, they will also be prompt and meet deadlines, and they will adhere to the payment schedule agreed upon.

'Delivery and deliverables' specifies when the end product will be provided to the client. It also makes clear how the end product will be provided (for example, by email to a certain address) and states the format that the file will take. There is also a clause in this section of my contracts that states deadlines can be negotiated, in writing, between both parties, if necessary.

'Payment schedule' outlines the total amount that will be paid for services, as well as what this rate is based on (for example, a per word rate, an hourly rate, or a fixed rate). This category outlines how invoices will be sent to the client and how long the client before payment must be received. Furthermore, it states what percentage of the total payment is expected for the initial payment (prior to work commencing) and for the final payment (after writing is completed).

The 'copyright' category outlines who will possess the intellectual property rights of produced work both before and after the final payment is processed. For my writing contracts, I generally try to retain ownership of the intellectual property rights of my drafts, discarded, and unused material. For some, ownership of the end product goes to the client, but for others I retain intellectual property rights of that too, specifying the contexts in which my work can be used and the conditions (for example, that I am credited for my work).

Lastly, the 'indemnity' category outlines the legal aspects of the contract. In my template, it reads as follows:

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

This contract is a legal document under exclusive jurisdiction of Australian courts.

This contract may be changed only by written agreement between you and me. When writing a contract, it is important to toe the line between keeping it legally binding and keeping it easy to understand. You want to ensure that the client knows what they are agreeing to because if they don’t, they are not consensually signing, and that voids the agreement.

Make sure you receive a written response stating that your client agrees with the contract, so that it’s binding.

For freelance editors

My editing contract is, in most ways, the same as my writing contract. However, there are several key additions that are worth outlining.

In the 'summary', this contract states the author, title, length, and description of the piece being edited, to ensure there is no confusion.

The 'copyright' section makes it clear that any alterations made by me remain my intellectual property until payment of my final invoice has been received, at which point ownership reverts to the client. This means their work cannot be legally published with my changes included until the final payment has been received.

There is an additional category, outlining the terms of termination. If the contract is to be terminated by either party, the client agrees to pay the editor in full for all work completed up to the day of termination.

Additions are made to the 'indemnity' category where I make it clear that my advice offered as an editor does not make me liable for any defamation that remains within the work after I have edited it, that I cannot be liable to the client or a third party for any complaints or damages that arise from the work being published, and that my editing does not guarantee publication of the work. While most clients will consider these facts obvious, it’s important to cover yourself, especially early on in your career, so that you don’t find yourself taken advantage of or find yourself receiving fines for issues that you were not responsible for.

The last addition to my editing contract is a 'definition of services' section on the last page, which outlines what is included in a structural edit, copy edit, proofread, and editing report. This is so clients know precisely what they are paying for.

What to watch out for

If you are given a contract by a client, make sure you read it thoroughly. If you’re really not sure about certain parts of it, seek legal advice.

The key things to look for are those aspects I have listed above. Check to make sure the work outline is exactly what has been discussed and what you wish to do. Ensure the payment schedule and amounts match what you have asked for. Look at the copyright information and make sure you aren’t giving away your work, unless you feel entirely comfortable doing so.

Don’t feel intimidated, particularly if it is one of your first contract jobs and you think you need to just agree to the first thing that crosses your desk; negotiate terms and ask questions if there is anything you don’t feel comfortable with. Be your own best friend and look out for your interests.

Being prepared (Becoming a business) »
Showing off (Creating a portfolio) »
Getting employed (Pitches and finding work) »
What are you worth? (Rates) »
Signing on the dotted line (Contracts) »
Being able to pay the rent (Invoices) »