Freelancer Contract Template (2018)
medium.com
medium.com
There are a number of potential issues with this contract from a freelancer’s point of view:
* It’s generally pro-customer form and is missing certain protections like a limitation on the amount of direct damages
* Lots of capitalized terms are not defined—for example, there is no definition for the freelancer’s preexisting works which are to be excluded from the assignment of IP ownership
* The company gets to decide how much to pay the freelancer if the contract is terminated before the project is complete—it’s more common to have this be based on T&M rates or something more objective
[1] https://docs.google.com/document/d/1Bg_1m1C05YqTJzp5MBZMhlRE...
A pandemic would cause a force majeure if the work can only happen onsite and the government has shut down the physical offices.
A pandemic may cause a force majeure for a solo contractor if they catch the disease and are in the ICU.
A pandemic would not cause a force majeure because a company has decided to rethink its priorities as a result of a pandemic.
So a pandemic is covered by the concept of a force majeure without being explicit. The again, we were arguing that the pandemic isn’t/wasn’t force majeure so someone else may have other opinions.
This global pandemic might qualify for contracts signed before January - but not those signed in the future.
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As you say, I refresh incognito mode reasonably often, so that might explain it.
Thanks.
Also, I encourage against fixed fee and prefer agile/retainer. If clients insist on fixed fee, they pay more, in full.
I assume everyone goes through this? Are folks getting work with no contact at all?
In the situation you're describing, I find it baffling that any rational client would accept your terms for anything but the simplest and most expendable engagements. If you can get them to, good for you, but how do you get it past their legal team? Or are you only working with small clients who might not get your terms reviewed before accepting them?
Contract: https://docs.google.com/document/d/1Bg_1m1C05YqTJzp5MBZMhlRE...
As a non-lawyer who has worked with client contracts, I would be asking questions about the basis for payment on early termination, timing of IP rights transfer, IR35 (if working in the UK), etc.
I think you have to be a bit sensible about this one. I've worked for Salesforce and Warner Bros and I think it highly unlikely you would get the finance department to go along with this.
Edit: If you aren't ready to say "sorry we couldn't make a deal" and bail, you'll never know what finance is willing to do. They have a lot more time than you.
Edit 2: biggest lesson for me: "these are our standard terms, we don't negotiate them" is just words! You get to use your words back. That's negotiating. I can say "I always accept payment in full prior to starting". Neither are laws of physics, right?
With what size companies? I am also self-employed, and also negotiate all the time, and also frequently get companies to use my contracts or agree to my terms. It just stops working at a certain company size, unless you are really providing something rare or unique.
The discussion was not whether clients will negotiate- many will- but whether you can get Salesforce or Warner Brothers to negotiate their standard contract. At that company size, no, I don't believe that they do
Also, my contracts have generally been open-ended. How much is 25% in that case. 1 month's wage? 1 year's wage?
It usually involves convincing the customer at the company to convince his purchasing department that a (dummy) pre-project is needed (call it whatever, feasibility study, prototype).