Birgit Kuester April 4, 2021 Agreement
If you are a creative individual who wants to convert your "creative juices" into an earning mechanism then you should educate yourself by understanding the ins and outs of having a business contract. These days, having verbal agreements when engaging into business clients is no longer working as it most often results to disagreements and torn relationships. Why do you need a contract in the first place? A written contract can protect you in a variety of ways. For starters, a written contract can help define the scope of work which includes your deliverables as well as the project timeline.
All commercial organizations need to protect their critical business related data so that any unauthorized person might not lay hands on such data. However, they might need to share some business related data with their service providers so that the service providers can do a part of their business on their behalf. For example, many big businesses outsource their customer care operations to a service provider. For smooth functioning of the business partnership, they may need to share information about various things with the service provider.
The heads of agreement document will clearly show you how to do all of this in plain English. The objective is to state all of the items in clear English, so that all parties have an understanding of what they are agreeing to. The document must be an accurate representation of the intentions of the parties involved and have all of the necessary terms and conditions with in it. filling out the form is a big step since the agreement you are contemplating results in a relationship that will last for a number of years.
A written contract will also determine who gets the ownership of the deliverables. For some types of work, the ownership is clear cut. However, for some works like logos or written articles, the client and the service provider should come into an agreement as to who eventually owns the work. As the service provider, you can choose between two options: assign or give ownership to the client, or grant a license to the client while you retain ownership of the final product.
In addition if there are items mentioned as attachments are dutifully attached to the document. All parties involved should have initialed or otherwise signed off on all attachments to the heads of agreement document. If some documents will be added at a later date they should be clearly identified in the initial heads of agreement documentation. Any items not mentioned in the original agreement must be agreed upon by both parties involved before they can be attached.
The most important part of this agreement is the section wherein you and your partners describe the rights, roles and responsibilities of each of the partners. This section of the contract not only covers the role of each partner, it can be used a legal protection in the event of a lawsuit or an attempt to change the rules in mid-stream. Should there be a problem between any of the partners this document can be used by legal counsel to resolve the situation.