Frequently Asked Questions
What does a freelance Contracts and Business Affairs Advisor, also known as a “Contracts Person,” do?
I will review your media-related contracts and advise you on recommended changes, then negotiate with the opposing party for the changes we want (amongst other, similar tasks). My goal is simple: to seek protection of your intellectual property rights and maximization of your business and financial terms, allowing you to feel confident in what you are signing and bringing you peace of mind. Common change requests include adding missing deal points, closing unfair loopholes, and improving business terms and royalty rates where possible. Change requests and responses are done in line with industry standard parameters, with the final results being subject to the opposing party’s business parameters.
Which types of contracts do you handle?
Most of my 25+ years of contracts and business affairs experience is in publishing, writing, editing, and audio media. Additional experience includes contracts and releases for podcasting, social media services, interviews, and speaking engagements. My skillset is readily transferrable to many types of media contracts; so, if your type of contract is not listed, let’s chat! I may still be able to help you.
I trust the company which sent me this draft contract; so, why shouldn’t I just read through it myself and then sign it as is?
If you are un-agented, most companies will draft your contract on their “blank corporate form,” which is more likely to slant toward their benefit. And, human error by their drafter can result in unintentionally negative consequences. Lastly, all parties to a contract will have different concerns about what is necessary and what is fair; so, it pays to have a professional on your side who knows what to look for. In short, companies are naturally looking out for their own interests, and you should have someone looking out for yours, too.
Why should I hire you instead of an attorney?
Many industries utilize both Contracts teams and Legal teams, because a high percentage of everyday contract work can be done by professionals with a knack for logic, grammar, psychology, diplomacy, and tact who have been trained in a business environment that incorporates basic, related legal information. In short, having a dedicated Contracts Department is often simply more economical than using your attorneys for everyday contract work. Along these lines, the same holds true for creatives in need of contract work: hiring an attorney is often unnecessary. And, an attorney who is unfamiliar with the publishing industry may naturally miss requesting industry standard improvements, and unintentionally spend billable time requesting non-standard changes and seeking explanations of unrecognized provisions. However, in the rare instance where I am asked to work on a project or address a contract issue that does require legal advice, I will refer you to an attorney. Disclaimer, for clarity: I am a Contracts and Business Affairs advisor; I provide a specific kind of media-related business advice that can be applied in specific kinds of media-related contract negotiations and related business scenarios. I am not an attorney, and my advice does not constitute legal advice.
How much do your services cost?
As with any professional service, knowledgeability and quality of the work are important to consider, and you get what you pay for - peace of mind is priceless! Standard and discount pricing options are available. In the end, it will probably cost much less than if you were to hire an attorney.
My career involves a lot of contracts! Do you offer any discounts for multiple projects?
Absolutely. Multiple project pricing is a valuable option for publishers and literary agencies, or anyone experiencing a steady stream of contracts.
How does the process work?
Contact me for your free consultation and pricing quote
Sign my short freelancer contract, which will: cover any current and future projects that we mutually agree I will handle, include your pricing and payment schedule, and permit either one of us to walk away at any time, subject to payment for any work that has been completed
We will be responsive to each other as I prepare the content of our responses to the other party and we strategize accordingly. However, you can be as involved or as hands-off as you wish during the actual negotiation; while it is best that I face with them directly after you have approved each response, you can choose to be copied, or not, when I send it
How long will it take to get my contract negotiated and signed?
Most contract negotiations last from one to three rounds, although some do last longer; one round consists of input from each party (so, the first round consists of one party issuing the initial draft contract on their form based on the deal points, and the other party responding with their initial set of change requests). Any remaining issues are then whittled down as the back-and-forth of the rounds progresses. While my response times to you and to the other party will be as prompt as possible, we cannot predict their response times to us. That said, most folks work diligently to get contracts squared away, of course, especially when time is of the essence due to an impending deadline, e.g., the delivery date for your manuscript, or the advent of your speaking engagement.
Okay, let’s do it! How do I get started?
Contact me to set up a time for your free consultation and pricing quote. A virtual tea or coffee would be lovely; or, a chat by phone will do.