When times get tough, it can often feel like there are no good people left in the world, only people who haven’t yet turned bad. These bad people will go back on their word, welch on a deal, put themselves first. You owe it to yourself to stay on top. You owe it to yourself to ensure that no matter how bad things get, you’ll come away clean. You owe it yourself and your business not to be the guy lying bleeding in an alley with a slug in your gut.
But you’re a professional, right? Nothing bad is going to happen to you.
You’re a good guy. You do good work for good people.
Think again chump.
Maybe you’re a gun for hire, a one man army with your back to the wall and nothing standing between you and the line at a soup kitchen but your wits. Maybe you work for the agency, or like me you run one of your own. Either way, when times get tough and people get nasty, you’ll need more than a killer smile to save you. You’ll need a killer contract too.
It was exactly ten years ago today that I first opened my doors for business. In that time I’ve thumbed through enough contracts to fill a filing cabinet. I’ve signed more contracts than I can remember, many so complicated that I should have hired a lawyer (or detective) to make sense of their complicated jargon and solve their cross-reference puzzles. These documents had not been written to be understood on first reading but to spin me around enough times so as to give the other player the upper-hand.
If signing a contract I didn’t fully understand made me a stupid son-of-a-bitch, not asking my customers to sign one just makes me plain dumb. I’ve not always been so careful about asking my customers to sign contracts with me as I am now. Somehow in the past I felt that insisting on a contract went against the friendly, trusting relationship that I like to build with my customers. Most of the time the game went my way. On rare the occasions when a fight broke out, I ended up bruised and bloodied. I learned that asking my customers to sign a contract matters to both sides, but what also matters to me is that these contracts should be more meaningful, understandable and less complicated than any of those that I have ever autographed.
Writing a killer contract
If you are writing a contract between you and your customers it doesn’t have to conform to the seemingly standard format of jargon and complicated legalese. You can be creative. A killer contract will clarify what is expected of both sides and it can also help you to communicate your approach to doing business. It will back-up your brand values and help you to build a great relationship between you and your customers. In other words, a creative contract can be a killer contract.
Your killer contract should cover:
- A simple overview of who is hiring who, what they are being hired to do, when and for how much
- What both parties agree to do and what their respective responsibilities are
- The specifics of the deal and what is or isn’t included in the scope
- What happens when people change their minds (as they almost always do)
- A simple overview of liabilities and other legal matters
- You might even include a few jokes
To help you along, I will illustrate those bullet points by pointing both barrels at the contract that I wrote and have been using at Stiffs & Nonsense for the past year. My contract has been worth its weight in lead and you are welcome to take all or any part of it to use for yourself. It’s packing a creative-commons attribution share-a-like license. That means you are free to re-distribute it, translate it and otherwise re-use it in ways I never considered. In return I only ask you mention my name and link back to this article. As I am only an amateur detective, you should have it examined thoroughly by your own, trusted legal people if you use it.
NB: The specific details of this killer contract work for me and my customers. That doesn’t mean that they will work for you and yours. The ways that I handle design revisions, testing, copyright ownership and other specifics are not the main focus of this article. That you handle each of them carefully when you write your own killer contract is.
Kiss Me, Deadly
Setting a tone and laying foundations for agreement
The first few paragraphs of a killer contract are the most important. Just like a well thought-out web page, these first few words should be simple, concise and include the key points in your contract. As this is the part of the contract that people absorb most easily, it is important that you make it count. Start by setting the overall tone and explaining how your killer contract is structured and why it is different.
We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
In short
You ([customer name]) are hiring us ([company name]) located at [address] to [design and develop a web site] for the estimated total price of [total] as outlined in our previous correspondence. Of course it’s a little more complicated, but we’ll get to that.
The Big Kill
What both parties agree to do
Have you ever done work on a project in good faith for a junior member of a customer’s team, only to find out later that their spending hadn’t been authorized? To make damn sure that does not happen to you, you should ask your customer to confirm that not only are they authorized to enter into your contract but that they will fulfill all of their obligations to help you meet yours. This will help you to avoid any gunfire if, as deadline day approaches, you have fulfilled your side of the bargain but your customer has not come up with the goods.
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.
My Gun Is Quick
Getting down to the nitty gritty
What appear at first to be a straight-forward projects can sometimes turn long and complicated and unless you play it straight from the beginning your relationship with your customer can suffer under the strain. Customers do, and should have the opportunity to, change their minds and give you new assignments. After-all, projects should be flexible and few customers know from the get-go exactly what they want to see. If you handle this well from the beginning you will help to keep yourself and your customers from becoming frustrated. You will also help yourself to dodge bullets in the event of a fire-fight.
We will create designs for the look-and-feel, layout and functionality of your web site. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions. If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at the daily rate set out in our original estimate.
We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.
The estimate/quotation prices at the beginning of this document are based on the number of days that we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. You will be charged the daily rate set out in the estimate we gave you. Along the way we might ask you to put requests in writing so we can keep track of changes.
As I like to push my luck when it comes to CSS, it never hurts to head off the potential issue of progressive enrichment right from the start. You should do this too. But don’t forget that when it comes to technical matters your customers may have different expectations or understanding, so be clear about what you will and won’t do.
If the project includes XHTML or HTML markup and CSS templates, we will develop these using valid XHTML 1.0 Strict markup and CSS2.1 + 3 for styling. We will test all our markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla and Opera. We will also test to ensure that pages will display visually in a ‘similar’, albeit not necessarily an identical way, in Microsoft Internet Explorer 6 for Windows as this browser is now past it’s sell-by date.
We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5 or 5.5 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you at the daily rate set out in our original estimate for any necessary additional code and its testing.
The Twisted Thing
It is not unheard of for customers to pass off stolen goods as their own. If this happens, make sure that you are not the one left holding the baby. You should also make it clear who owns the work that you make as customers often believe that because they pay for your time, that they own everything that you produce.
Copyrights
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selfs, or that you have permission to use them. When we receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files that we used in making them.
You also own text content, photographs and other data you provided, unless someone else owns them. We own the XHTML markup, CSS and other code and we license it to you for use on only this project.
Vengeance Is Mine!
The fine print
Unless your work is pro-bono, you should make sure that your customers keep you in shoe leather. It is important that your customers know from the outset that they must pay you on time if they want to stay on good terms.
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.
[Payment schedule]
No killer contract would be complete without you making sure that you are watching your own back. Before you ask your customers to sign, make it clear-cut what your obligations are and what will happen if any part of your killer contract finds itself laying face down in the dirt.
We can’t guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. 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.
Phew.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of [English] courts. Oh and don’t forget those men with big dogs.
Survival… Zero!
Take it from me, packing a killer contract will help to keep you safe when times get tough, but you must still keep your wits about you and stay on the right side of the law.
Don’t be a turkey this Christmas.
Be a contract killer.
Update, May 2010: For a follow-on to this article see Contact Killer: The Next Hit
Comments
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23/12/2008
Don’t forget the part about noting that any pricing “is not to be construed as a fixed-price quotation” and all work is billable on a “time and materials basis”. So you can have that friendly “fixed price” number that the client wants, but if they start to take a mile when you’re already giving yards, you can start cranking out the hourlies… Nothing says stop like an invoice that painfully bills for every precious hour that your client is consuming.
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05/01/2009
Great article – it’s nice to see a contract with a friendly face! I’ve created a ms word macro which generates a contract between you and your client – which I’d like to share It’s based on this here contract by Andy, with a few small changes. Use and edit to your needs and enjoy a complete contract in under 10 seconds!
Cheers
Dan
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09/12/2012
Thanks Andy, this article has helped me get a better grasp on things, I am running my own small web design business, and for us non lawyer types, was very insightful. :)
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23/12/2008
Thanks for this Andy. This area is one of the most useful, yet one of the most over-looked parts of being a (freelance) web designer.
People oft forget that the web design business is actually a business!
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23/12/2008
Been anticipating your post Mr. Clarke! And you didn’t disappoint.
This has giving me the most head ache, I personally know the pitfalls of not having a contract signed. Thanks a lot for the walk through.
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23/12/2008
Thanks for a great overall read Andy and especially
“We own the XHTML markup, CSS and other code and we license it to you for use on only this project”
Speaking as someone who has been burned on this one, I greatly appreciate the concise nature of that section.
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23/12/2008
Great post, Andy. I’ve never really considered all of the intricacies and wording of a contract.
Yours reads well and surprisingly isn’t boring. I think I’ll be using a modified version of yours in the future.
Have you had any horror stories with people trying to break this contract? I can imagine some companies becoming territorial to the part about owning the HTML and CSS.
Thanks for the write-up and contract template.
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23/12/2008
Thanks for sharing your contract, Andy. As Conor mentioned before, this important area of running a small business is often overlooked.
Happy 10th birthday for stuffandnonsense!
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23/12/2008
Nothing like humanized legal-speak to start the holidays. How about a privacy policy and usage terms for lamens?
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23/12/2008
Time for me to tweak my contract – this is really solid advice here. Thanks for the post.
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23/12/2008
Do you ever find that the familiar language of the contract leads some to think they don’t need to take it as seriously as one written in a more legalese style?
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23/12/2008
Ryan, could you elaborate a bit on that. Tell us what happened, so I can better understand the importance of owning the code I write for clients.
And thanks, Andy, for this great example/template to work on. Now I only have to translate it to Finnish :)
And just to agree with everyone, I too think this area is the most overlooked one in our profession. I’m at least guilty as charged.
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23/12/2008
Thanks a lot for this one!
There are some really cool passages in your contract. And wow this is a contract people are able to understand ;)
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23/12/2008
Refreshing article on a very dry subject Andy.
My agency is nearly 10 years old too and one of the first things I did was get our lawyers to help draft our standard terms. Best thing I ever did.
In our terms we also keep intellectual copyright of HTML/CSS/PHP/etc code and give the client a licence to use it forever on the specific website we built for them.
Jouni, it’s important to do this since otherwise you might get some clients complaining if you re-use code elements, which of course always happens on web + software projects.
We also have a term to say we hold the right to use a screenshot of the site in marketing materials (i.e. our site).
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23/12/2008
Jouni-
I was referring specifically to an experience I had a few years back where I built a site for a small company that was in the process of building their web dev department. I built the site, got paid, handed it over and went on my merry way.
Before they pushed it live they had their newly-hired (and inexperienced) developer review it, make “last minute” changes, and push it. Well, the HTML/CSS, JS, and PHP was severely mangled by the time it went live. They then began haranguing me to fix it (for free), claiming that although I demonstrated in my final presentation that the site was working, “something happened” and it was my responsibility to correct the live site.
I refused, lost a good portfolio piece, and a potentially decent client. Long story short, had I expressly outlined Andy’s example regarding licensing I could have avoided all of that drama.
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23/12/2008
Great Article Andy.
I’ve just gone through the process of having my contract reviewed by a law firm, as the template copy I had been using seemed to be woefully lacking in some areas.
One important piece of advice the law firm gave me is to make sure my contract is the last documented agreement on the issue. If I raise a contract which is signed, and they then raise a purchase order for me to work to, it may be I’m legally obliged to work to my client’s terms rather than mine.
Have a great Christmas (and Happy Birthday!).
All the best,
Kevin
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23/12/2008
Contract for Dummies.
:)
So easy to read and understand. Great. Thanks for this Andy!
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23/12/2008
Great article, I love the informal language – really helps absorb the information while not feeling like you’re being sentenced to life in prison!
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23/12/2008
Wow. This is possibly one of the most useful articles I have read all year. And your contract template, for a contract, is actually a good read :P Credit where credit is due :)
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23/12/2008
Great writeup and love the ‘plain english’ approach to writing a contract.
I have a question though: why aren’t ALL contracts like this? I’m no legal expert but I’m assuming contracts are usually full of legal mumbo-jumbo because the lawyer that has written them actually knows what they’re doing. Is there a danger that an informal approach like this – whilst making the contract process easier-going for the majority of your clients – actually might leave you open to risk from the small minority of problem-clients?
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23/12/2008
Good question. As we state in the article, you should always get any contract approved by your own independent legal advisors to make sure it’s appropriate for your use.
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23/12/2008
Great read, very entertaining with some good advice. I’d still recommend passing any contract under the nose of a legal chap though.
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23/12/2008
This, sir, is a contract I willingly read and understood.
Hat tip. A very emphatic hat tip.
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23/12/2008
Undoubtably one of the best posts this year on the importance of a good contract.
Particularly liked the bit about older browsers. V easy to get bitten by that one.
Great stuff Andy.
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23/12/2008
hmm.. nice article, Andy. I’ll be using that as a starter on my contract for sure.
One thing I did pick up on though was in the 2nd section, after the list, you’ve got “Stiff and Nonsense”.. might want to correct that ;)
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23/12/2008
@Micheil: I thought that was part of the hard-boiled, contract killer theme. Could be a typo though…
@Aaron: I’m pretty sure that the aim of many contracts is to be so opaque as to be incomprehensible to anyone without a degree in law. Partly so that lawyers need to be regularly consulted (read: paid) and partly to tie whoever signs it in so many knots that they’ll be in the wrong whatever they do. Sad but (probably) true.
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23/12/2008
First post I’ve read on your site, very very good. As has been said, an often overlooked part of being freelance. I like the language used in your “Killer Contract”. If they’re too wordy I find it can scare the smaller businesses and one man shows away.
Thanks, will be sure to keep looking.
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23/12/2008
The importance of a solid contract for any freelance designer/developer/coder/call-it-what-you-want cannot be overstated, and writing them in a clear language is an art that’s lost on a lot of people working in the legal business.
Especially the part about keeping ownership of the code is important and often overlooked. Nice one, Gov!
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23/12/2008
Thanks for all your encouraging comments and thoughts.
@Micheil: “One thing I did pick up on though was in the 2nd section, after the list, you’ve got “Stiff and Nonsenseâ€.. might want to correct that ;)”
— @andi farr got that right. It’s all part of the hard boiled theme.
@Aaron Russell: “Is there a danger that an informal approach like this – whilst making the contract process easier-going for the majority of your clients – actually might leave you open to risk from the small minority of problem-clients?”
— Not in my experience, but I’m no dick or flat-foot. As @drewm pointed out, you should always have your contracts looked over by your lawyer.
@Kevin Davies: “One important piece of advice the law firm gave me is to make sure my contract is the last documented agreement on the issue. If I raise a contract which is signed, and they then raise a purchase order for me to work to, it may be I’m legally obliged to work to my client’s terms rather than mine.”
— Now that is an incredibly useful thing to know (I didn’t).
@John Faulds: “Do you ever find that the familiar language of the contract leads some to think they don’t need to take it as seriously as one written in a more legalese style?”
— Never happened to me. Clients small and large have always understood it, accepted it (sometimes with specific clauses altered) and it made them laugh too. Never a bad thing.
@Ryan Merrill: “Have you had any horror stories with people trying to break this contract?”
— Not really. I find that the clearer that you make things sound, the less room for misinterpretation there is and fewer possibilities for people to act like snakes.
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23/12/2008
Thanks for the great post. The importance of a solid contract cannot be underestimated.
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23/12/2008
Excellent, excellent article and example contract. Thanks!
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23/12/2008
Thanks you Andy.Very nice information.
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23/12/2008
Good –great– article, but the props to Mickey Spillane really made my snowed-in day.
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23/12/2008
This was excellent. I just finished going through version 2 of our contracts, terms & conditions, but after this I think I’ll quickly go through a third round :)
Anyone who’s had to develop a contract should recognise that while contracts should be comprehensible & should protect you, the two rarely go together. This really did the trick, imo.
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23/12/2008
Well written article. I’ve struggled with the decision to write my contracts in a casual tone as well but decided to adopt a ‘clear and simple’ though decidedly professional tone – Perhaps this decision should depend on your brand and your client base.
One issue that I don’t see widely discussed among web designers (as opposed to traditional design agencies) is that of ownership. Many contracts I’ve read for web design services provide for complete transfer of copyright by default whereas some, including the one cited in the article retain them.
In my experience most clients assume, sometimes ignorantly, that if they pay for you to do it, they own it. It seems to be that if this issue isn’t brought up until the client gets the contract in their hand that it is somewhat deceptive. However I can imagine that mentioning this during the sale process could place you in a competitive disadvantage. Would like to here others thoughts on the matter.
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23/12/2008
Excellent educational read Andy, thank you a million. This is so timely and so essential for me. Been on the lookout for good contract solutions for a while and this is the best bit I’ve come across so far.
Again, greatly appreciated.
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23/12/2008
Probably the best article ever on 24Ways. Thanks!
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23/12/2008
Brilliant article Andy. Nice coverage of main concerns and thanks for CCing your contract template! A great help to all
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24/12/2008
Well written article, sir. Nice work… ;)
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24/12/2008
I have been burned so many times that it’s not funny. I will take and personalize your sample contract and heed your wise words. A very useful and timely article. Thanks Andy!
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24/12/2008
Hi,
I just started my own business here in Belgium and had been looking for contracts other people are using. Then I stumbled on this article (through a tweet) and read it very carefully.
Most contracts I have seen do indeed contain paragraphs and sometimes whole pages of text you thouroughly read, but then you forget about what you’ve read. All the legal stuff, or just the way the contract is written, makes it hard to read and maybe also difficult to understand.
Your contract is very well written, to the point, and easy to read. I will surely keep in mind the things I’ve learned here.
Regards,
Stefaan
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24/12/2008
Thanks so much for the tips Andy!
Merry Christmas everyone!
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25/12/2008
andy, this article is very useful. i especially like the underlying friendly tone of the contract.
but i am not sure if it will work the same way for more complicated technical issues like larger software development projects. in that cases you are in need of some more “hard” facts and figures depending on a requirements specification sheet. as web designing (and developing) projects often become large software development projects nowadays, this should be taken in consideration as well.
regards tim.
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27/12/2008
Awesome awesome awesome.
We have been looking for a proper contract for our company, OBOX Design. This is pretty much spot on for what I have been thinking about.
Thank you for sharing.
David Perel
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30/12/2008
Awesome. Thank you, Andy!
Contracts have always felt bloated to me and I have recently tried to whittle-down the jargon in my own client contracts. It’s a tricky business, but I love your no BS approach. Simply brilliant, my man. :-)
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30/12/2008
Excellent article – and Andy, I cannot thank you enough for sharing this :)
I’ve been working with a new contract following your points for a while now and it’s made such a difference. I found my clients were happy to know the precise details and to be clear about ownership as well as payment specifics. It’s cut out a lot of confusion and made any disagreements so much easier to solve.
Thanks a million!
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31/12/2008
I’m a lawyer and here’s the scoop. We never create a contract out of whole cloth. We just cut and paste old contracts, find forms from treatises, or pull out a contract from a previous transaction that closely resembles the current transaction. It’s rarely tailored. It’s like a suit bought from JC Penny’s. It does the trick, but is not made for the man. Your contract is much better than any contract a lawyer could draft.
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04/01/2009
Hi Andy, thanks for this really appreciate your time and effort in sharing this I think it will save a lot of people a lot of problems. I agree it may not work for larger projects but it’s great for standard website projects and can be adapted and expanded to suit.
Good work sir!
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05/01/2009
Not bad.
The tone of Creative Commons licenses may be a better approach for those, like me, who aren’t sure they can pull off (or who are uncomfortable with) Andy’s whimsical tone. CC language is very human-friendly without the playfulness.
Also, I suggest clarifying the Design part as much as possible, similar to how Andy defined the XHTML/CSS layout. I try to re-use the clients keywords and phrases from design discussion so there is a basis for approaching any unforeseen design revisions. Example: client requests a site that is clean, simple, cheerful, fun, colorful, and gender-neutral.
By the way, I once did a personal site for a professor of contract law! Sending him my contract was nerve-wracking to say the least!
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06/01/2009
Very helpful article. Thanks.
Everyone loves an easy read. Even lawyers. My attorney cautioned me that—what makes an easy read for a marketing director might be a mud bog for their attorney.
That nauseating legalese can often be the client’s lawyer’s native language. I nearly vomited the first time I read “heretofore” in one of my contracts, but after my attorney cited cases where contract terms were nullified without specific words, I conceded to including it. Uggh.
Some clients are more comfortable reading a simple executive summary of the scope and pricing, and passing the more formal Terms and Conditions to their lawyer for review. This approach allows designers to keep their client’s smiling and maintain legal clarity and credibility.
I use simple language when I can, but occasionally the more complex projects for larger clients require the formalities.
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08/01/2009
I really enjoyed your lighthearted approach to the contract language! While it’s not as detailed as I would like to see, it does make me want to “humanize†mine a bit! Thank you.
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12/01/2009
Iv been putting off getting a contract together for ages, now I can make a start.
Thanks Andy
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16/01/2009
Very interesting article and some really good points made.
Thank you Andy.
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18/01/2009
Should such a contract include a term about when you can break the contract ?
I am asking this due to what i am currently experiencing with a client, who is not delivering to me the material i need to proceed (because he is not receiving from his designer, but that is his issue).
I am the developer, and the project is quite big, so it has a lot of time to completion..
This delay (3 months now, and the project is half completed) is ‘bleeding’ me since i cannot commit to other projects without putting this in limbo..
How do you deal with such a case ?
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19/01/2009
Such a great and usefull article. I wish we’d had a contract like this in the past… we would have avoided some sleepless nights!
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20/02/2009
We have learned the hard way on this so its essential to have. I would also recommend a document containing the actual detail as to what the website will do, what pages are CMS, what aren’t etc, which can save you a lot of grief. Also state that after the web site has gone and is approved then any changes are normally chargeable. All sounds obvious but is worthwhile.
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20/02/2009
<p>this a great post, I have been looking something similar and now it comes in style of my web guru Andy, great stuff!!</p>
<p>“Should such a contract include a term about when you can break the contract ?</p>
<p>I am asking this due to what i am currently experiencing with a client, who is not delivering to me the material i need to proceed (because he is not receiving from his designer, but that is his issue).</p>
<p>I am the developer, and the project is quite big, so it has a lot of time to completion..”</p>
<p>In this case I presume you charge him accordingly to the hourly rate charged for any extra days beyond the deadline that has clearly displayed in the Killer contract or you brake the contract as mentioned in the contract don’t you?</p>
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26/02/2009
After contacting Andy, I translated the document in greek in case you are greek and need it: Contract Killer in Greek
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10/03/2009
Thanks man, this is very welcome! I’ve translated it to Dutch and I will be sharing it on my blog soon…
Cheers!
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10/03/2009
I have been trying to come up with a contract (I’ve never used one before) for some time now, and this was definitely helpful!
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12/03/2009
Fantastic article and template. Wrote my own analysis of it at The Contract Killer and also added it as a fill in the blanks Contract template on Agree2.
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14/03/2009
Andy,
Thanks for a refreshing take on a tired subject. We all need this beast in our corner, but the subject is often almost taboo, and your approach is great. Thanks a bunch!
Oh, and thanks for sharing the actual nitty-gritty, too. I’m off to take a long hard look at my own 8 page (plus addenda) beast to see if I can hone it down.
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15/03/2009
Thanks for this really helpful article. I jettisoned the 100-page legal contract that I’d considered using and now have a much more readable three page one.
I don’t know if I’d use this on a very large project without getting it checked over, but for a small website it seems ideal.
I’ll mention your name and website – cheers.
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16/03/2009
I am quite late in coming to this, but this is very useful information which I’ve referenced in a post about writing web design contracts.
Personally I do not mind testing in older browsers. It is just a handful of additional screen grabs in Browsercam, after all. I also have learnd to avoid giving my clients the speech about IE6. At the end of the day, the IE6 issue is teeth-gnashing which we web designers do about a specific issue that is far beyond the comprehension of 95% of web users, and our clients neither need nor want to know about it. Harp on it too much and you risk offending a client by implying that they are doing something “wrong”.
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17/03/2009
Geez Andy, I pop up for air and you’re helping guys like us with our businesses even more. Thank you!
I like your contract. Only bit I’ve had trouble with in the past is the code licensing stuff. Most clients I’ve worked with would never, ever sign that.
But it’s always worth a try, right?
P
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17/03/2009
Thank you so much for sharing this. I am starting up my business with as few expenses as possible and going to seek legal advice was a nightmare ‘what the hell’s this gonna cost?’ I now have a starting point so I can go to a solicitor with at least an idea of what I need my contract to state which (I hope) will cut down on their billable time.
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18/03/2009
What a helpful article. Thanks for this, Andy.
Can anyone can shed some light on what happens if the client wants to alter the site under this contract?
In the “Copyright” section Andy writes: “We own the XHTML markup, CSS and other code and we license it to you for use on only this project.” The language “for use only on this project” makes me wonder how you define “this project”. What happens when, in a couple of months or years, the client wants to use their in-house development team to alter their site or add new features? Do they have a right to do that?
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20/03/2009
What should I do if my costumer cheats on me without paying even thou he has signed the contract?
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23/03/2009
Has that contract ever passed scrutiny by a real lawyer?!
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25/03/2009
Please email contact of killer for hire email address. I need a service contract for six to seven men to be killed for a rape that they did not go to jail.
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27/03/2009
Thanks for this info. Very useful; I’ll be borrowing some for my next contract!
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01/04/2009
When you think contract, you automatically think boring legal jargon written in a formal and almost intimidating way.
The Killer Contract is awesome as it covers all of these aspects yet the tone conveys a humanistic approach to dealing with customers. Love it!
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15/04/2009
It is a great of source for drafting up a contract. Much appreciated. It is very helpful.
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22/04/2009
Great read and some very useful advice – I think we’ll be making use of this!
Out of interest, how do freelancers who work exclusively online handle the nuts and bolts of getting the document signed? It’s very rare we meet our clients face-to-face!
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11/05/2009
Gabrielle,
See the section:
Richard
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13/05/2009
Andrew Mitton, I don’t know on what planet you practice but of course most agreements aren’t drafted from scratch. It would be reckless. You’re going to reinvent a 200 page agreement ?
But that has nothing to with the fact that every agreement I’ve ever drafted, or any lawyer I’ve ever worked with has drafted, is ALWAYS tailored for the particular deal.
And if you think the agreement presented above is acceptable, you should stop practicing law. Just to randomly pick one problem, the fact that severability is discussed twice but using different words is reason enough to throw it in the garbage.
I find it so loose I might have to rewrite it because its bugging me.
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24/05/2009
Fantastic resource Andy as always. I will defiantly be using these tips in my next contract.
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05/06/2009
Great article. Unfortunately we don’t usually pay attention to the importance of a contract until we get burned…and often those burns are serious.
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15/06/2009
Four years of University of Vermont business school, and not one class on writing a contract. This might THE most valuable article for us young folks entering the industry. Thanks for lending your experience to the rest of us!
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02/07/2009
Clear, helpful, sharp. I’ll def use this. Thank you!
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03/07/2009
I have been searching around for a website development contract for awhile and yours is awesome to say the least. Thank you for sharing this with everyone and Kudos for having the balls to write one in non-legal speak.
Trust me, most people would feel “naked” without the legal speak, because it’s ingrained in your mind that it offers more protection, better constructed and the standard way of doing things. Thanks for showing us different. What’s the point if neither party can interpret it without a lawyer…
It’s a shame that the world relies so heavily on overly complicated contracts that neither party can interpret themselves. Like you said in a previous comment it’s just so you become dependent on consulting a lawyer and racking up huge legal fees. I liken it to an abuse of power.
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06/07/2009
Very good article. It’s always hard trying to balance the contractual side yet remain friendly.
I’ve given you a thumbs up on Stumbl!
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06/07/2009
This is a very good contract template. I found it very easy read. It is well structured. The most important thing for me, is it doesn’t content all the legal jargon filling pages upon pages like I’ve seen in other contracts.
This template is going to help me out a lot.
Thanks Andy!
Sean
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20/07/2009
Thank you for this Andy, it’s really helpful.
I had to create something a bit different as I was developing a service, but after some research I was very pleased to stumble on:
‘A Manual of Style for Contract Drafting, Second Edition’
The lawyer who wrote it also believes in plain, easily understood text and essentially says that although legalise is proven to work in Courts, that is not reason enough to just keep on poisoning most peoples comprehension of this stuff. Very refreshing to hear this from a lawyer.
Again, ones own legal counsel is always the safest place to go for confirmation of any advice, but, I found it nice to find legal weight behind the argument that this stuff can be clearly understandable by normal people and not just those with a legal training.
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20/08/2009
Loved this article and it comes at the right time for me also. I´ve been giving these matters some thought and havent found any good solution yet. I saw elliotjaystocks tweet on this and halelujah.
I must throw in a big, huge, galactic thumb up on the design of this site. It´s one of the most original, coolest, cleanest, phatest yeah, yeah, yeah I´ve seen in a very long time.
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12/11/2009
Great article and very useful.
I especially love ‘We will not test these templates in old or abandoned browsers…’
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20/01/2010
Thank you! Thank you! Thank you!
As a new company it’s so great to have resources like this from people like you.
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12/02/2010
I stumbled upon this post when I was searching for sample contracts for freelancers. I’m really impressed with it – so much in fact that I’ve susbtantially adapted it so it’s suitable for copywriters (like me) and posted it up on my own site:
http://www.mcgarvey.co.uk/2010/01/11/download-my-plain-english-copywriting-contract/
Thanks for sharing this and offering it up for anyone to use!
Cheers,
John.
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26/02/2010
Great article! It was really helpful in explaining what should be contained in a contract and the importance of having one.
Very good reading for those of us still in college.
Thanks!
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27/04/2010
Blimey, reading that was a real blast of fresh air. Thank you for making it public. Good work fella!
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22/12/2012
I was searching for a foolproof contract with detailed explanation and I got this. Very happy now. Now I will design mine.
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