Invoice/Contract to save you from difficult clients

Darren Levine

Darren Levine

Veteran
This is something i've used and evolved over the years, and there seems to be many people out there who are still using inefficient and/or no contracts at all when dealing with clients, which of course can lead to huge headaches.

IMPORTANT: I am NOT a lawyer! Nothing here should be assumed to be professional legal advice.

The point of this thread will be to refine what i've posted, into an ideal invoice/contract. Given, many jobs will need something specific modified, but this can be the starting point, and perhaps if enough input is given, can be a solid one sheet for many to use.

I've put in quotes, information that you would fill in for your particular job, and samples of how it would be structured, so that it's clear about the details of what you're providing. again, it depends on just what you're doing,

so this is where you all come in with your experiences and suggestions as to how to improve upon what we have here.

Here are the clauses, i will update them as people give input:

-Client assumes all legal liability of the unfinished & finished product& guarantees that all necessary rights &/or permits are secured.
-Payments received in excess of 5 days of the listed due date will incur a late fee of 8% per week.
-All rights to the unfinished and finished works remain with the Contractor until the full final payment is received.
-Contractor retains right to display clips and/or final product as a work sample.Client may request them to be hidden with a password.​
-Refunds for human error given at Contractor's discretion,not to exceed the invoiced amount;anything outside the control of the contractor which affects the quality of the final product, are not grounds for refunds. In the case of a force majeure, the Client may opt to either continue the project if possible, or compensate only for the work completed up until the occurrence of a force majeure.
-Contractor assumes responsibility for his/hers equipment and personnel. Damage to either, by the client or client's associates, will require recompense prior to the final product being delivered.
-If the Contractor needs to cancel the work; a replacement contractor or refund for that specific work will be the final options offered.
-Only details on this invoice will be performed. If something is not detailed, or lacking specificity, it will not be guaranteed.​
-Client understands that the contractor will only perform the services as described. Anything not described, is not included.
-Legal disputes will be resolved in the state of (enter your state here)

You can download the contract here: http://api.viglink.com/api/click?fo...ww.indiejunkie.com/hotlinks/...ographers.docx

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Some things to think about including: Who owns the work? Is it a work for hire? When do the rights of use pass to the customer? Are they contingent on payment? What rights are conveyed? What laws apply in the event of a dispute? How might a dispute be resolved? Is there a limitation to damages either party might expect in the event of a failure on the part of the other party?

Before anyone uses the work product of this thread on a real project, do yourself a big favor and run it by your attorney.
 
J Michael said:
Some things to think about including: Who owns the work? Is it a work for hire? When do the rights of use pass to the customer? Are they contingent on payment? What rights are conveyed? What laws apply in the event of a dispute? How might a dispute be resolved? Is there a limitation to damages either party might expect in the event of a failure on the part of the other party?

Before anyone uses the work product of this thread on a real project, do yourself a big favor and run it by your attorney.
Click to expand...


Good thoughts, i'll incorporate them and update the jpeg

matt, it is in doc format but instead of having everyone download and having a go at it, i figure it would be cleaner to take inputs and make the changes, and then once it looks like it's quite good, like J michael said, have a legal associate of mine give his two cents on it.
 
Darren Levine said:
Good thoughts, i'll incorporate them and update the jpeg

matt, it is in doc format but instead of having everyone download and having a go at it, i figure it would be cleaner to take inputs and make the changes, and then once it looks like it's quite good, like J michael said, have a legal associate of mine give his two cents on it.
Click to expand...

Did you get a chance to do this?

Surely more people have input on whether a form like this is a good idea?
 
Sorry for not keeping this active. i've put a docx up at

http://www.indiejunkie.com/hotlinks/mediahalo_universal_invoice_contract_for_videographers.docx

Feel free to use/modify it as you need, with this one understanding: I am NOT a lawyer and do not certify this document in any way nor represent it as professional legal advice.

I've updated the OP to be more about working on each line of the contract, if anyone has input about how to shorter/modify/improve any clause, please chime in. The more voices with experiences that go into this, the more effective a tool it will be.

cheers!
 
This is technically covered under "contractor will only do work specified", but I would add a line about re-edits, limiting them to say 2 or 3 with additional extra, to avoid the nightmare client scenario of re editing to infinity and beyond with client thinking they are entitled (I know, I've been there)
 
There is protection within the editing details area where you specify the total hours they are purchasing, but that's a good point about specifying re-edits, something to the effect of: The the editing hours allows for X number of re-edits
 
I'd definitely have a lawyer review it. I used to work the same way, with a generic production agreement compiled from previous experiences. I'd have clients sign off on it, then one day I had a client who is a lawyer, and she schooled me! I gave her a discount, and she re-wrote my production agreement. Contracts are voided or declared invalid all the time by courts, but there are many things you can do to make sure this doesn't happen to you. A good lawyer will review and re-write your contract in less than an hour.
 
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