I have two pieces of advice for you. One is about sex, and one is about business.
1. Set expectations.
2. Set expectations.
If you show up to a blind date in a leopard print skin tight mini, black patent platforms and no panties, your date’s going to think you’re cheap, and he’ll treat you accordingly. Translation: “Hey, want to go back to my place?” will be popping out of his mouth no sooner than the bread basket arrives. (And obviously one of the biggest problems with this is that you want to eat the bread.)
Same thing goes with your clients: You’ve got to set expectations. Right out of the gate.
If you show up to a business deal fumbling around, tripping over your online feet with a please-don’t-notice-I’m-new-at-this face, your client’s going to think you’re new at this, and they’ll treat you accordingly.
Jerking you around. (Even if they don’t mean to.)
Being disrespectful of your time.
Dragging the project out.
Not giving you feedback.
Not paying on time.
Not because they’re bad people, but because it’s human nature–we only follow the rules when there are actually rules to follow. And it’s your job to outline ‘em. It’s your job to set the expectations.
This is a business, not a hobby, and you’re a professional–not an amateur. So you’ve got to act like one.
What does that look like?
My favorite way to set expectations is through contracts, of course. But you knew that, didn’t you? Hard ass Ambirge (that’s me) would never do business without one. And neither should you.
Because when you present a new client with a contract, they’ll:
a) Feel obligated to play by the rules.
b) Take you seriously.
c) Take your work seriously.
d) Take their role as your client seriously, which translates into getting paid, and getting feedback on time, or whatever else you need from them to make the magic happen. (Did I really just say “make the magic happen?” YES. I DID.)
To give you an example, all of my client contracts have a section that contains the following information:
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Client’s Availability: Client agrees to be available via email during Client’s reserved block of weeks for project communication purposes including feedback and revisions. If Client is unresponsive to requests for feedback or revisions during the reserved week, HOM [that's us--our legal name is House of Moxie, Inc.] reserves the right to re-schedule Client’s reserved week to a later date or consider the project completed.
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We love you, but we’re on a project timeline, and we need to stick to it, because otherwise your project will bump up against other projects and then it’ll be a huge mess because our attention will be divided, and you deserve the very best, so we need you to work with us in a timely fashion to prevent ugly things like that happening, and heads exploding.
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Tools to be Provided by Client: Client agrees to provide all tools, information and documentation, including the preliminary client intake form, that may be required by HOM to effectively perform said responsibilities in connection with the performance of services. Marketing and business consulting is not included as a part of this service. If tools, materials, information and documentation requested by HOM are not provided within 3 days of the commencement of Client’s reserved week, HOM reserves the right to re-schedule Client’s reserved week to a later date.
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Same deal–we can’t do our job unless you do yours. So let’s work together to make it happen. If you’re too busy, or can’t dedicate any time to your project, we’ll have to reschedule because WE’RE SERIOUS ABOUT OUR WORK, AND WE’RE ALSO SLIGHTLY OBSESSIVE COMPULSIVE, AND YOU DON’T WANT TO MESS WITH CRAZY PEOPLE LIKE US.
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Proprietary Rights: Provided Client has complied with the terms of this agreement, and upon final payment to HOM for services, HOM shall automatically thereby grant, transfer, assign and convey to Client, and its successors and assigns, all right, title, interest, ownership and all subsidiary rights, including all rights accruing to HOM under the United States Copyright Act, in and to all works of authorship and all copyrights, patents, trade secrets and any other intellectual property rights, business concepts, plans and ideas, reports, manuals, documentation, that have been or will be created by HOM, for Client (“the Work”) for use throughout the world in perpetuity in any manner or media whether now known or hereafter invented. HOM hereby further waives any moral rights it may have with regard to Client’s uses of the Work. HOM agrees, at Client’s reasonable expense, to cooperate as may be necessary to assist Client in enforcing Client’s rights in the Work.
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You don’t have the rights to use our work until you pay for it. If you don’t pay for it, you don’t have rights, and we will kick your ass if you decide to get sneaky, request a refund for some vague reason like, “I just don’t have time to give feedback,” (yup, it happens) and then try to use the work we created for you after the fact.
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Compensation: In consideration for the services provided by HOM to Client as set forth in paragraph 1 above, Client agrees to pay HOM a project fee of $___________. HOM’s obligation to render services hereunder is conditioned upon Client’s payment of said fee on a timely basis. The total project fee is due prior to reservation of the project and commencement of the services. Any additional services requested must be paid in full prior to final delivery of the services. HOM reserves the right to withhold project delivery until all outstanding project fees and assessed penalties are paid in full.
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This is what fee we agreed on, and we physically can’t lift a finger until we’ve got that part squared away because writing the perfect copy for you requires all of our time, work, energy, and best intentions, and we want to make sure we’re not wasting any of it in the event aliens take over your brain and you simply decide not to pay for any of the following reasons:
We liked it but we decided not to use it.
We can’t pay you until we get paid.
We ran out of money.
We got somebody internal to do it instead.
I thought it was free!
Our budget’s been reduced.
There’s more funding coming next week/month/quarter.
It’s really not what we were hoping for.
We can’t use this, but it’ll be great for your portfolio.
Your main contact left the company so we’re going to take this project in a different direction.
Actually, we think we need something completely different.
(Side note: You *will* hear at least one of these reasons from a client at some point in time. This is not the exception. It’s the norm. So get prepared.)
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And that’s why it’s all about the expectations.
You don’t want to be the girl in the leopard print mini-skirt takin’ the shots: You want to be the one in the power suit, calling the shots.
Don’t think your clients can’t tell the difference.
So now what?
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Two things:
1. Feel free to use any of that language in your own contracts.
2. Our (free!) legal clinic for small business owners and bloggers is now available! If you recall, I’ve been working with my legal team to develop a comprehensive legal resource for small business owners & bloggers, called Small Business Bodyguard (available on July 24th, so mark it in big, splashy red marker on your calendar), but in light of the Turner Barr incident, among others, we’ve really felt the need for all business owners & bloggers to educate themselves as much as possible–particularly because there’s so much online liability you might not even be aware of– and therefore, decided to put on the free clinic, available to the public at no cost, starting today. So don’t miss it! Go here and access The Clinic today. You’ll get two lessons per week for the next three weeks, and you’ll have instant access to Lesson One, all about contracts, right away–no strings attached. It’s free. So take advantage and learn how to cover your ass–before your ass gets busted.
Note: We’ve been deliberate to make this the antithesis of the average, stuffy, jargoney legal resource–it’s very approachable and written to TMFproject standards, so I think you’ll not only learn a lot, but you might even–dare I say it–enjoy it.
