Contracts

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L.L.Rodriguez
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Contracts

#1 Post by L.L.Rodriguez » Thu Aug 25, 2016 2:21 pm

So what to do about Contracts?

Any of you guys ever signed one with your client/dev or ever made one for your artist/musician?
I need examples and formats.

I would also like to hear your experiences with contracts.

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Re: Contracts

#2 Post by dfbreezy » Thu Aug 25, 2016 3:20 pm

Yes I've signed one for my composer. Contracts give a feeling of business security throughout the project.

Now this part is coming from the law student in me. A contract, especially in the case of a commercial project seems like a pain, or an arduous process initially and most assume that it depicts distrust. while that may be so, in a few years (or in the case of a breach) when certain problems arise (e.g decrease in revenue, refusal to perform payment), a contract is the only thing that can grant you legal remedy.

Also, in law you don't need to expressly buckle down and write a rigid document stating terms and conditions. A simple contract exists when two parties make and agreement with an attached promise (referred to as consideration). So your back and forth emails that state what you will do or won't do, or what you want or don't want would amount to the terms of a contract.

just note that you can't introduce new terms at the end of the agreement. E.g two weeks later, you generally increase your prices and expect your contractor to accept the new prices.

for sample formats use this site : https://www.printablecontracts.com/

Just note that in all technicality, we all sign contracts when we take on work. So the need to put it on paper is only when you need to go the extra mile (a high risk). it also puts a responsibilty on both sides to complete the contract. Much like driving on a highway with a police car right behind you.

I actually wanted to impart with my little knowledge and know-hows on international law and contracts to the community for a while, since some are unaware of the predicaments they put themselves in, but never got down to it because of the volume. This thread at least allowed me to cover the basic 5% of contracts.
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Re: Contracts

#3 Post by KittyWills » Thu Aug 25, 2016 3:35 pm

I mostly use two types of contracts.

Payment and Work Agreement. This is just a written agreement of what the work you are asking is and how much will be paid. A lot of freelancers will have their own versions but it's good to have a version of your own.

Transfer of Rights. So far I've only use this one with my artists. Music people work a bit differently. But basically, I am paying an extra fee to own exclusive rights to what I commission. So I can use it on my website, merchandise, etc.

As for experiences with using them, if someone won't sign to my terms I don't hire them. I'll be as fair as possible of course, but I've been on both sides of contracts enough times to know that some people just aren't a good match.

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Re: Contracts

#4 Post by L.L.Rodriguez » Thu Aug 25, 2016 4:31 pm

Thanks for the advice, but what if the person live far away?

Heck, what if a person lives in another country?

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Re: Contracts

#5 Post by dfbreezy » Thu Aug 25, 2016 7:23 pm

L.L.Rodriguez wrote:Thanks for the advice, but what if the person live far away?

Heck, what if a person lives in another country?
Then your matter can only be solved through international law. That subject is long and arduos, but to cut it short;

1. Make sure you know the name of your contractor. Do NOT make a deal with someone who says 'I can't give out details because of personal reasons'. If you do contract with them and a falling out occurs you would be in big trouble.

2.Make sure you know the exact country and/or state your contractor is in. this is pretty obvious.

3."In a dispute over a contract the person who has suffered loss (a plaintiff) may bring a claim for money
compensation ‘damages’ or a range of other remedies against the defendant governed by the law of the
country who carries out performance of the contract
, unless specified in the contract." - http://www.internationaltrade.co.uk/
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Re: Contracts

#6 Post by L.L.Rodriguez » Thu Aug 25, 2016 7:38 pm

I know the person.

Should we notarize the contract? Or is that necessary?

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Re: Contracts

#7 Post by dfbreezy » Thu Aug 25, 2016 8:46 pm

L.L.Rodriguez wrote:I know the person.

Should we notarize the contract? Or is that necessary?
If you're going all the way to write it down, Notary isn't really necessary. The fact that it's written and attested to is enough. Also make sure to have the person clearly state that it was he who signed in a chat/message and back it up (in case he says it wasn't him) and that should be enough.
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Re: Contracts

#8 Post by L.L.Rodriguez » Thu Aug 25, 2016 8:47 pm

Gotcha!

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