Keep Contracts in Writing: Protecting Creative Work and Relationships

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Contents

1. Keep Contracts in Writing
2. Why Verbal Agreements Often Fail
3. Essential Clauses to Include
4. Friends and Family: Why Contracts Still Matter
5. Types of Agreements for Creatives
6. Legal Protection and Peace of Mind
7. Practical Tips for Drafting Contracts
8. Final Thoughts

In creative industries, excitement about a new project often overshadows the business side of things. A handshake, a friendly message, or a verbal promise can feel enough when you trust the person you are working with. However, without a written contract, you are leaving yourself exposed to misunderstandings, disputes, and even exploitation. Contracts are not a sign of mistrust; they are a tool for clarity and fairness. Every creative (whether artist, writer, photographer, or designer) should learn to put agreements in writing as a matter of routine.

Why Verbal Agreements Often Fail

Verbal agreements are notoriously unreliable. Even if both parties are acting in good faith, memory is fallible. One person may recall a higher fee being mentioned, while the other remembers a lower one. Deadlines may be interpreted differently, or the scope of the project may expand beyond what was originally understood. Without a written record, these differences become almost impossible to resolve fairly.

Legally, some verbal contracts can be enforceable, but in practice they are very difficult to prove. A written contract avoids ambiguity by setting out the agreed terms in black and white, leaving little room for argument.

Essential Clauses to Include

Even the simplest of contracts should include key points such as:

• Scope of work – What exactly is being provided?
• Deadlines – When is the work due?
• Payment terms – How much will be paid, when, and by what method?
• Rights granted – Is the client buying ownership, or merely licensing the work?
• Cancellation terms – What happens if either party withdraws?
• Signatures – Both sides should sign and keep a copy.

These clauses need not be complex, but they establish accountability and provide a roadmap if something goes wrong.

Friends and Family: Why Contracts Still Matter

It may feel awkward to ask family or close friends to sign a contract, but experience shows it is often these very people who backtrack, misunderstand, or break verbal promises. Familiarity can lead to assumptions …. “I thought you were doing it as a favour” or “I didn’t realise payment was due so soon.”

A written agreement protects not only your work but also your personal relationships. By putting terms on paper, both sides know exactly what to expect, reducing the chance of hurt feelings or resentment. Far from signalling distrust, contracts demonstrate respect for each other’s time, effort, and boundaries.

Types of Agreements for Creatives

Depending on your field, you may need different forms of contracts:

• Commission contracts – For one-off works such as portraits, illustrations, or custom designs.
• Collaboration agreements – When two or more creatives work together and share rights, profits, or responsibilities.
• Licensing agreements – For granting permission to use a work without selling ownership.
• Work-for-hire contracts – Where a creator agrees to produce work that will be owned by the commissioning party from the outset.

Legal Protection and Peace of Mind

Written contracts are legally binding documents. If a dispute arises, they provide strong evidence of what was agreed. More importantly, however, they prevent disputes from happening in the first place by ensuring both sides understand their commitments. A contract is as much about avoiding problems as it is about solving them.

Practical Tips for Drafting Contracts

• Keep language simple — you do not need legal jargon to make a contract valid.
• Be specific about numbers, dates, and deliverables.
• Use templates as a starting point, but adapt them for each project.
• Send the draft to the other party before starting work, and do not begin until it is signed.
• Store all signed copies securely, both digitally and physically if possible.

Final Thoughts

In the creative world, contracts are not barriers but bridges. They create trust by making expectations explicit, protect income and rights, and preserve personal relationships. Whether you are working with a global publisher or your closest relative, a written agreement is essential. The discipline of always putting contracts in writing will save you from countless misunderstandings and ensure that your work and relationships remain respected and protected.

Read the full article: https://ourartsmagazine.com/blog/keep-contracts-in-writing/

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Source: Our Arts Magazine