How to Draw up a Contract

Introduction

The purpose of drawing up a contract is to ensure that there is complete transparency when agreeing to work with someone as a creative practitioner (e.g. designers, artists etc). It is a space for you to lay out exactly what you expect, and what should be expected of you, to safeguard your valuable time and energy.

This is to avoid any loopholes - to ensure both parties are clear and happy with the framework of the job/ role/project that you are starting.

It should be sent out in the early stages of working with that person/company, BEFORE you invest any time, money or resources in the project. Ask the person to read and sign it once they’re comfortable with everything included. They might get back to you with questions or revisions, at which stage you can consider whether you want to make any revisions and ultimately, if you want to work on the project.

The black text is notes to explain and help you through the guide, while the framework in blue includes various examples to show how to put each section into practice for a wide range of projects.

PLEASE NOTE: Governing law in your country may not apply to the advice we are giving below. If you are unsure you should ALWAYS seek legal advice from a qualified professional. The information provided in this guide does not, as is not intended to, constitute legal advice. Instead, all information, content, and materials available in this guide are for general informational purposes only. Information in this guide may not constitute the most up-to-date legal or other information.

Part One: A Rough Structure

Date:

Dear _____________

I’m so delighted that you are interested in working with me! For the purpose of transparency and to ensure the project goes smoothly, please find included in the Artist Agreement:

Specifics of the brief as I understand it
My rate of pay
An estimated timeline
An estimated list of expenses
[Any other specifics you have discussed in previous communication e.g. if they have said they’d provide you with a reference, will promote you on social media etc]

Once you have had the time to take a look at these and feel happy, please sign the [Artist/ Designer/etc]’s Agreement at the end of this document.

If you have any questions or queries, please just let me know!

Warm regards, Shae

———————————————————————————————————————————

The brief:

Example 1: To assist as the role of assistant photographer for a photoshoot. The shoot will take place at the Aberdeen Art Gallery, with the purpose of creating content to showcase a new line of jewellery for your social media and website.

Example 2: To design the front cover of your magazine. We discussed a bright and bold colour scheme, with blocky typography and an illustration of someone peeling an orange.

Example 3: To fulfil a commission for a painting. It will be roughly 3ft x 5ft and depict a snowy day, with references drawn from the images you sent me via email on Thursday 10th February 2021.

Include your role or aim, then outline the specifics that were included in the advertisement or discussed at the initial point of contact.

My rate of pay:

My rate of pay is ______

[If you live in Scotland, see the Scottish Artists Union Rate of Pay here. If you live in England, see Artists’ Union England here. If you live in Canada, consult CARFAC here. Both hourly and day rates are stipulated.]

If your rate is based on any of these sources, you can say “In line with the Scottish Artists Union, my rate of pay is £….ph.” If you are a student, adjust these prices to something you feel comfortable with.

Estimated Timeline:

Example 1:
I am a student, and I want to let you know that I will be juggling this project with my studies and part time job. That means I’m expecting the project to take me roughly 12 weeks, meaning the completion date will be around the end of April.

Example 2:
I am expecting the framework to look a little something like this:
- Preparation and Planning Stage: 15/02/21 - 22/02/21
- Final Check-in Meeting: 23/02/21
- Shoot Day: 25/02/21
- Editing: 27/02/21 - 6/03/21
- Final Images to you by: 7/03/21

Example 3:
Since your publication is due to be sent to print on the 31st March 2021, I will send you my final design by the 24th March, to ensure any refinement can be made in good time. I expect to spend around 8 hours on the project.

Be realistic here. Weigh up your priorities, work out how long it’ll take to gather your materials, and plan accordingly to ensure you’re not feeling stressed out or rushed, and the person on the other end has a better idea of what to expect from you.

Estimated Expenses

Example 1:
Since I will be travelling to the shoot, here’s a list of my expenses:
Train ticket (return) - £40.50
Accommodation - £58.90

Example 2:
For the sculpture, I have worked out it will cost roughly £81.60 in materials, and cost about £30.00 to ship. The material list has been laid out below, and the shipping has been calculated through DPD based on what I estimate the sculpture to weigh. Please know these figures might be subject to slight changes.

It might be useful to provide a screenshot of the shipping calculator or train/accommodation website if possible. I find it helpful to be very transparent with your materials list and include where you’re getting the products from. If they come back and say that they found cheaper wool on x site, which that you’re not happy to work with, you can then explain your reason (e.g. my source of wool is of better quality, and they have next day delivery with free shipping). Also don’t be afraid to include specific tools that you need to buy make the project possible. The overall aim here is to avoid being out of pocket.