You Aren't Being "Difficult" and You Aren't a Bother. You're a Professional Who's Got Their Shit Together.

Recently I got a call from an editor at a publishing house. She was in a panic. A manuscript had come in, and it was unpublishable.

“Can you turn this around in two weeks?” she asked.

For the record, two weeks is a WILDLY fast deadline to re-write a 70,000 page manuscript. But that was the challenge, as they had production deadlines they had to make and books to print!

(A production deadline is when the book goes into pre-press: final proofreading, typesetting, file creation, printing, delivery to warehouses. And because it’s such a big operation, and because book publishers have contractual obligations to fulfill of their own—with places like Barnes & Noble, for example—these deadlines are pretty serious. And there’s not a lot of wiggle room for error once it gets to this stage.)

I accepted the project with the following conditions:

1. 15% rush fee added to base rate
2. 50% deposit now, final 50% in two weeks
3. No contact with author (not because I’m an antisocial monster, but that kind of back and forth adds significant time onto a project)

The first two are pretty standard, and should be adhered to always. Always require an upfront deposit (between 25% and 50%, depending on project size and length), and always add a rush fee when called for.

So we agreed to a delivery date and in the meantime, the legal department would be sending me over their standard agreement. And this is what I wanted to talk to you about today, because contracts are super intimidating for freelancers, and I think there are a lot of misconceptions about what’s appropriate and what’s not. And I want to make sure you know your rights and aren’t afraid to speak up—even to fancy pants lawyers and big corporations when you find yourself doing a project for one.

Here’s what happened next: I began work on the manuscript without a deposit in hand because we have an existing relationship and I wasn’t worried about it. But also because with a tight turnaround like that, you need to haul ass. That said, I would typically never advise doing this with new clients: you should agree to begin work upon the execution of the agreement and deposit received—and from that point begin your deadline.

However, because corporations are the worst when it comes to processing paperwork, I had already finished the project on the two-week turnaround before I finally received the agreement—and when I did, I was shocked.

There were several clauses in the agreement that were inappropriate, and even if I trusted the client, didn’t wish to sign an agreement out of principle with the following terms.

Here were the clauses I objected to:

1. If you fail to deliver any portion of the complete manuscript for the Work by the due date set forth above, or if the complete manuscript for the Work, or any portion thereof, as delivered, are not, in Publisher’s sole judgment, satisfactory, then Publisher may terminate this Agreement by giving you written notice to such effect and you shall return forthwith any sums previously paid hereunder.
   ^This clause is inappropriate because it effectively says that payment is optional. It also says that my time is worth $0. It implies that the client can determine, for any reason whatsoever, that payment isn’t due…and no one should ever sign an agreement to this effect. Typically you build in a one to three rounds of edits to mitigate risk, but there aren’t many worlds where it’s acceptable to not get paid if the work product isn’t up to another person’s subjective, unqualified standards. With contracts, you want things to be as objective as possible, i.e. things that can be clearly measured, like word count. It can safely be presumed that if a client is hiring you, it’s because they believe in your ability to do the work. In this particular case, I was specifically sought out for the work, and therefore this clause was flagged for removal.
2. In such event, Publisher shall be the sole owner of any material you have created and you shall furnish all such materials to Publisher.
   ^If you produce any type of creative work, from writing to web design to photos to illustrations and more, your agreement should always have a clause that says that intellectual property rights to the work product are not transferred until final payment is made. This is an obvious safeguard that prevents a client from taking your work and then not finishing up a payment plan, or taking your work product and cancelling…and then still using the work. This is very standard, at least with any agreement worth its weight, so to see this inside this publisher’s standard agreement was surprising. I flagged this for removal.
3. It is understood that Publisher has a pending amendment to its publishing agreement with [The Author] for the Work. This Agreement will not become effective unless and until [The Author] and Publisher have fully executed such amendment.
   ^This clause basically said that if anything goes wrong with their side agreement with the author, then this agreement would be null and void—despite a complete work product delivered, and despite the work being performed. This, then, was also inappropriate and flagged for removal. (Rarely should you ever sign an agreement that’s dependent upon a separate third-party agreement. You’re either hired to do the work or you’re not.)

Unfortunately, most people don’t know that they can—and should—push back on anything that doesn’t feel appropriate. Most freelancers just sign whatever agreement is sent to them, and for a few reasons:

(a) They’re intimidated;

(b) They assume that it’s either sign or forfeit the project;

(c) They don’t want to be a bother;

(d) And most importantly, they don’t realize that contracts are negotiable, just like everything in life, and it is 100% standard practice to REQUEST CHANGES.

That last sentence is soooo important! I want you to realize that you have every right to request changes to any contract that is ever sent to you, and not only is it your right, but it’s absolutely normal and professional—and completely business as usual. In fact, it’s usually a tell-tale sign of an amateur when you don’t request any changes. An agreement sent by one party is almost always designed to the benefit of that party, so it only makes sense that you need to analyze and determine which benefits you also require as a part of a fair exchange.

Some things that are common to request to be changed?

1. Delivery schedule
2. Payment schedule
3. Payment terms
4. Intellectual property release
5. Rush fees
6. Deposits
7. Cancellation terms
8. “In the event of” terms (like what happens if the client goes MIA on you or stops paying)
9. Indemnification and liability (not holding you liable for lost wages, etc.)
10. That you can hire sub-contractors to contribute to the work product

In a perfect world you would just use your own contract that had all of these things already worked out, but when working with big businesses and corporations they always have their own agreements they want contractors to sign—so that’s when you’ve got to play the edit game. 😀 Just know that it’s OKAY to ask for more favorable terms, and it’s OKAY to request changes, and it’s OKAY to negotiate how it’ll all work. Just always be polite and respectful, never arrogant.

Here’s how you can do just that! (A step-by-step guide to requesting changes with confidence, muahahaha.)

First, convert the PDF to a Word document if it isn’t already in Word. And yes, I specifically mean Word—this is universally what lawyers use. They hate Google Docs because of the ability to edit over language, etc. and use “track changes” in Word like the Bible. (Funny enough, publishers do this too. Pages is not acceptable; they work in Word.)

Next, turn track changes on.

Then, you go to the clause(s) with the questionable language, and you edit in your change. Whether it’s a deletion or a change to a term, that’s fine.

Then save the document and label it something like “AA Changes.”

Next, you send an email in response and let the other party know you’ve got some changes you’d like to request, and to see the attached. You may also explain your rationale by listing each paragraph number and which changes you’re requesting, but don’t be over-explanatory or long-winded or apologetic. (Note: contracts are usually written with each paragraph corresponding to a number, like 1. 2. 3. 4. 5. etc. This is so you can quickly and easily reference any section of the agreement.)

See? I didn't need to be a jerk in order to be assertive. Sometimes it's just about asking for what you want!

Once I did that, I received a note back from the legal team. In the attached, the attorney had added her own edits and comments in response. However, I still wasn’t satisfied, as my main concern, re: receiving full compensation for a work product I’d already completed, still remained ambiguous.

So here is one of those instances when you’ve got to just have the courage to be “difficult.” Because the truth is, you aren’t being difficult, you’re being thorough.

(I’ve found that that word—“thorough”—is a useful one to put in your back pocket anytime you need to say something uncomfortable. In the interest of being thorough, could we please confirm ______? I didn’t use this here, but it’s a great one to memorize!)

And alas! The editor confirmed that the manuscript had already been delivered and accepted. Shortly thereafter, I received a new agreement that reflected my proposed changes.

ALL THAT SAID, this is exactly why you should normally not begin work without an agreement and deposit in place: imagine if I didn’t have an existing relationship with this client, and imagine if they decided not to make payment. That’s so not cool—so you’ve got to make it a habit of showing up as a professional and insist on being treated as one.

This is my big beef with being labeled a “freelancer.”

There’s this perception, especially among the corporate elite, that freelancers are a bit lowly, a bit disposable, a bit unlike “real” professionals who have “earned” the “real” job title. (Even if it’s subconscious.) Most people don’t think of freelancing as being the luxury option; they assume that you’re only doing it until you can find something “better.” (Read: a permanent position with a stable salary.) Even though, in my case and in the case of many, many others, we value our freedom above all else, and even so, still oftentimes earn double if not triple what salaried workers in similar roles do. But still, that's not common knowledge, and as a result, sometimes clients, especially those working for large companies, tend to view freelancers as less than. (Or they're pissed because they see our bill rates. 🙂)

This is why it’s even more important for you to show up as a specialist being contracted…not a “freelancer.” This is why it’s important that you know your shit and you show up and act like it. And being able to negotiate your own contracts is one of the very first steps in N-A-I-L-I-N-G T-H-A-T. You’re setting the tone for the relationship, and while you do not wish to be arrogant or conceited, you do wish to be respected, and to have your work valued, and to be compensated fairly.

Show up like a professional and you’ll be treated like one.

Show up like a freelancer and you’ll be treated like one.

Both begin with you, my darling.

I hope this gives you the confidence to be smart, be savvy, and be BRAVE. Because the only person advocating for you?

Is you.

Have a great weekend!

Ash