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Pre-Contract Checklist

by Mark Monlux, markmonlux.com

Here is a list of items that you should converse with your client about before you write up your contract. These questions should be covered in early phone conversations and confirmed with a signature.

Determining the Estimate
(Remember -- a bid is locked in, an estimate is not)

Production

•Time/Rate
•Budgeting
•Meetings
•Research
•Concept Development
•Thumbnails, Roughs
•Comp Preparation
•Type Design
•Type Specifications
•Layout
•Paste-up
•Color Selections
•Production Supervision
•Productions Coordination
(at least 3 trips each, proofing output, color separator, printer)
•Revisions
•Delivery
•Rush Fee
•Bookwork
(final bill calculations: invoices; phone time)

Expenses

•Telephone
•Fax
•Modem
•Photocopies/Chomacopies/Photographic prints
•Linotronic output
•Laser output
•Photography
•Computer Time
•Scanning
•Plotting Time
•Supplies and Props
•Stats and misc. camera work
•Postage/Freight/Courier

Terms & Payment

• Who is billed? Designer or Client?
•Advanced payment –-- how much?
•Progressive payments –-- how many? (usually 3)
•Payment upon completion or
•Payment by invoice (30 days)
•Interest added (or late charge) on past 30 day account

Licensing Rights

•Is the license National, Local, Regional?
•Limited or Unlimited Usage?
•If limited, define re-use rights
•Always state time and location limits
•Know your re-use fees in advance
(or include them in your original contract)
•Determine who owns original work
•Determine a time for return or work not owned by you or your client
•Be concise about who negotiates rights when subcontracting. Will the client negotiate rights/fees with contractor or subcontractor?
•Are you flexible in negotiating your rights and amendments for re-use rights.

Miscellaneous

“Kill Fee”: Some people like to charge a “Kill Fee” (this is usually a percentage of the total estimate) for work that has been cancelled. Another option is to cover yourself by asking for a down-payment before work begins.

Client Approval: Remember to get your client's signature of approval not only throughout the process, but a final approval before going to press! It's not a bad idea to state that final signature approval is required in your contract.

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© 2005 All Dear Mark materials are copyrighted by Mark Monlux, and may not be reproduced in any way without expressed written permission.