Managing Expectations
A “Bill of Rights” for Creatives & Clients
Managing expectations are key to any successful relationship. To that end, we have developed a “Bill of Rights” for creatives and clients in an attempt to set reasonable expectations for our working relationships.
Consultation.
Except in unusual circumstances, a Creative Firm should provide one free, substantive introductory conversation with a prospective Client. Subsequent interactions should be part of a billable assignment, unless both parties agree otherwise.
Speculative Work.
Client organizations should not ask for work to be done “on spec” – i.e.: to have the paid assignment contingent upon approval of the work.
Speculative work is subject to widespread abuse, increases prices, and is otherwise seen as unprofessional. This includes asking a Creative Firm to provide a strategy (brand or developmental) prior to a paid engagement.
It is simply not possible to provide sound advice, or strategic planning without first engaging the Client in an examination of their current situation, a discussion about project goals, and a gathering of information relating to market position and competitive advantages.
Such requests are akin to asking a physician to write a prescription without examining the patient.
Estimates and Proposals.
When sufficient information is provided, Creative Firms should be expected to prepare a written estimate for a project and identify a tentative project timeline.
When sufficient information is not provided, it is the obligation of the Creative Firm to say so. If detailed information is missing, or is “to-be-determined” (TBD), it should be stated as such in the estimate. The pricing for such components should be expressed in a price range based on the information available at the time of the estimate with the understanding that the costs identified may be inappropriate if additional information is forthcoming, or if specifications change.
No project should be started without an acceptance of the estimate, or a purchase order authorization, issued by the Client.
Billing.
The Client organization should expect that the price on the estimate (plus any additional expenses, taxes, or approved change orders) will be the invoiced price unless otherwise appended (either verbally or in writing) prior to invoicing.
Confidentiality.
The Client organization should expect that any information or material provided to the Creative Firm will be treated confidentially, and that all reasonable efforts will be taken to safeguard it. If requested, the Creative Firm should willingly sign a non- disclosure agreement.
Working Arrangements.
Unless otherwise stipulated, every project should be considered as comprising two equal sections:
1.) Product/brand specifics, market objectives, and budget are the responsibility of the Client;
2.) Conceptual approaches, creativity, project management, and production expertise are the responsibility of the Creative Firm.
Submissions.
It should be the responsibility of the Creative Firm to provide what, in it’s professional opinion, is the best solution to the Client’s situation or opportunity. Similarly, it should be the Creative Firm’s responsibility to follow the objectives, input, criticisms, and comments of the Client closely and respectfully.
Ownership.
Unless otherwise indicated (often the case for original illustration and photography), the output of the Creative Firm becomes, after payment, the property of the Client organization. However, all preparatory materials (sketches, unaccepted concepts, digital files, code, etc.) remain the property of the Creative Firm.
If requested, the Creative Firm should issue a copyright transfer or release for the benefit of the Client.
Nonuse.
In accordance with accepted professional services practice, the Client organization is financially obligated for work performed, whether or not it is utilized.
An engagement should be able to be cancelled at any time, for any reason, by either party.
In the event of dissatisfaction, the Creative Firm should resign at the earliest possible date and should only invoice the Client for the work performed to-date, not the total amount of the original estimate.
If an engagement is cancelled by the Client, the Client should expect to be responsible for all the time and expenses incurred to-date, plus 20% of the unpaid fees remaining.
Should a Client place a project on hold for more than 30 days, the Creative Firm should invoice the Client for any fees and expenses that have been incurred, but not yet collected.
This document and these policies have been developed in accordance with generally accepted industry and professional services practices. They are rooted in practical experiences serving Clients over the last 20 years. We have also adopted and adapted some of these policies and principles from others along the way and are grateful for their insights and contributions to this document.
