Do you need a contract with your writer?

contractNo matter how well you know and like your writer, some kind of written agreement is always a good idea. It makes expectations clear and protects everyone involved.

Some designers create separate contracts for each job, while others ask for a broader agreement spelling out the terms of the working relationship. Many use both, defining the relationship in one general contract, then detailing the specifics of each job in separate agreements on an as-needed basis. It’s a good idea to consult an attorney when creating the template for your standard contract or letter of agreement.

At a minimum, your agreement with your writer should include:

  • A list of deliverables the writer is being engaged to prepare for any specific job.
  • The project schedule, including all key deadlines.
  • Terms of the writer’s compensation, including any payments that will be made in advance or upon reaching certain stages (for example, upon submission of the first draft).
  • How many rounds of revisions are covered by the compensation (typically 2–3), and how additional compensation will be handled if the project exceeds this scope.
  • What information, if any, the writer is expected to keep confidential.
  • Who owns the work. Most jobs are “work for hire,” in which the client retains all rights to the finished product. Another item that should be stated explicitly is whether or not the writer may use the finished product as a sample of their work for his or her own self-promotion.
  • Length of the agreement.
  • How disputes are to be resolved. For example, some contracts state that disputes should be handled in arbitration rather than via a lawsuit.

Your contract might also include:

  • Details on communication with clients. Can the writer contact clients directly? Do they need to go through you or some other representative of your business? Is it okay to have direct communication as long as you are CCed on any messages?
  • A non-compete clause, specifying a reasonable amount of time during which your writer may not work with a direct competitor. This period is usually stated in terms of the end of your working relationship, such as a period of 6 months after you stop working together.
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