copywriting contracts:A Love Story from Hell

When your get ready to sign a copywriting contract, there’s a lot to look out for. So read this if you:

• Are hiring a copywriter for the first time.
• Didn’t realize there were contracts for copywriters.
• Once signed a copywriting contract so bad you went and apologized to a forest for the waste of paper.

What you’ll learn about copywriting Contracts

If you are begging a tree for forgiveness, you know why contracts are so important.

But you still may be wondering what should go in a good one.

So let’s go over important areas that must be present in any copywriting contract, including

• Deliverables and scope of work
• Pricing
• Work times
• Work ownership
• Job cancellations
• Delivery and review times
• Revisions

And we’ll also go over potential problems in each area and how to avoid them. Sound like a good deal? Great, sign right here.

Kidding! Let’s go.

Wait. Before we get started there’s something you need to know

Some of the samples in this post are from my contract. Others are borrowed or modified from The Pricing Guide for Copywriters by MIchal Eisikowitz. I bought the whole thing and use it all the time.

It’s definitely worth a look. Not an affiliate, just a fan.

Why copywriting contracts are so important

Here’s a love story about copywriting and contracts. I call it…

Copywriting and Contracts: A Love Story

Once upon a time, a growing business decided to hire a freelance copywriter. It was their first time. (I’m literally blushing)

They held a discovery call and asked all the right questions in the interview. They loved their new little copywriter friend. So, everyone signed a contract and started work.

Then they fought, hated each other’s guts, and never worked together again.

The end.

Alright, that story sucks for lots of reasons.

But I hope you hate it because it represents lost money, wasted time, and lost opportunity. And that is precisely the risk when hiring a copywriter without a contract or a poorly written one.

Conflict nearly always ensues, feelings get hurt, and work goes undone or done poorly. Worse, the goal of moving your business forward never gets fulfilled.

So, what can be done? Plenty!

Here’s the first thing.

Think about what you need and write it down

We’ll get to the common denominators every contract needs in a minute. But let’s talk about your needs first.

Take a moment to jot down items that are important to you that might not appear in a standard copywriting contract.

For example, do you want the copywriter to appear on the bio page of your business?

Do you want them to work in the office with your team? If so, what days?

Do you need them to attend team meetings? If so, how often?

Do you want to make it mandatory for them to be on the business bowling team? (You can’t really do that)

Think of anything (legal) that might not appear in the contract and send it to them in detail to be included in the contract. Now that we’ve rounded out the bowling team and got your details let’s move on to the non-negotiables.

Deliverables and Scope of Work

This clause is the root source of many bad relationships and failed marketing efforts. So, take your time getting it right.

You discussed deliverables during the discovery call. Now is the time to ensure both parties understand what is to be done.

This is not the time to be wishy- washy. If the project is a website, say how many pages are needed and exactly what copy elements are needed. Here’s an example.

This example tells exactly what pages and subheaders are needed. It also included a wireframe that showed approximately how much copy was needed on each page.

You can include this level of detail on almost any form of copy. And you should because it helps with the age-old question that always comes next.

What happens if the copywriting contract changes?

A few of us in the copywriting mafia come by and pay you a little visit; that’s what happens, pal.

Ha. Ha. The thought of a copywriter beating up anyone is ridiculous.

But seriously, a change clause should be written into the contract. It causes more trouble than any other part of the contract because projects have so many variables that change is inevitable.

And the changes usually add more writing than the original contract required.

Mission creep is a real problem for copywriters. So, expect a busy copywriter to be pretty strict with how they handle it.

Here’s a clause from my contract template.

Here’s one from another copywriter.  

The first provides a little more wiggle room. But the bottom line is that if you add more work to a contract, you will probably have to negotiate a new one.

This may be annoying, but it helps both parties plan and prioritize the project more tightly from the beginning.  

And a tight project is efficient, effective, and usually profitable. You’re welcome.

Speaking of efficiency, that leads us to the next thing you’ll want to see in the contract.

Work times and locations

This one gets left out of contracts a lot. But you should insist on having it laid out by the copywriter so you know exactly when, where, and how to reach them.

If you need them to work at your office, that must be in the contract. You should also specify days and times.

Remote copywriters should stipulate when they can attend conference calls, do onsite research, and answer emails, phone calls, and texts. Also get response times to emails and text in writing. 

Like this example.

Oh, and look for extra charges for unscheduled meetings or phone calls. Not every copywriter does this (I don’t), but you should be on the lookout for it.

Hybrid situations should spell out all these elements in the contract.

Ideally, this would have come out in the initial interview. See question four in the link for more help on that.

Another set of expectations that needs to be set is when all this good work is due.

Setting delivery and review times in the contract

This can be another point of contention. You’ll want to ensure that all deliverable times and dates are spelled out specifically, like in this sample.

Also, be sure there is a clause for what happens in case work cannot be delivered on time.

Here’s an example of that.

The revision process is a big part of getting things delivered on time. So let’s look at that now.

Revisions in a copywriting Contract

This is pretty straightforward. You need to know how many revisions you get per piece of copy. Two is the standard, but you can ask for more depending on the type of project and the turnaround time.

For example, if you hired someone to write a 60-page white paper with a three-month suspense. In that case, you are probably going to want several revision opportunities.

No matter the project, be sure to get a length of time on how many days you have to issue a revision and when revisions are due.

If you bust a deadline, you’ll be responsible for the consequences. If you can’t make a revision deadline, let the copywriter know so it can be adjusted.

Don’t go to that well too often, though. You’ll have a miffed copywriter on your hands, butterbean.

Another way to torque off your copywriter is to not pay them on time or in the manner they asked. Here’s how to avoid that issue.

Payment terms in a copywriting contract

Be sure the contract includes how long you have to pay after the invoice is issued. Also, include forms of payment, like checks, bank transfers, or other electronic transfers such as Venmo or PayPal.

Once the work is done and paid for, you’ll want to know who can do what with it.

Intellectual Property

This is another area that should be discussed in the interview (see question #7 in the link). But a discussion is not a contract, so plunk it down on paper, buddy.

Here is an example from one of my contracts.

I like it because it gives the client some wiggle room on complex projects and retainers. They can give me the go-ahead to use some items if they like while keeping others white-listed.

Well, that covers what to look for in a contract, but what if…

The copywriter doesn’t offer a contract

Personally, I’d get the hell out of there and find one that does. But you may not feel that way.

So, the easiest thing to do is to find one online. Or reach out to me. I’m happy to give you one.

Bloviation Over

Since we are talking contracts, here is a legalistic, please-don’t-sue-me-clause.

I’m not a contract lawyer. So anything I wrote here isn’t legally binding or advice; it’s just experience.

Very. Painful. Experience.

Kidding.

I’ve never had much trouble, and neither will you with a good contract. Still, it might be a good idea to have your lawyer scan it to ensure nothing in it can hurt either party.

So, if you have all these elements in place, you are setting the stage for a long-term relationship with a good copywriter.

Maybe it will even turn into a love story with a happy ending.

Ya’ never know.