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Subject: Re: FLASH: Dilemma
From: Marc Hoffman, Poison Dart Frog Media
Date: Fri, 31 Mar 2000 17:04:13 +0100

At 06:03 AM 4/1/00 , you wrote:

>The main problem, however, is that I asked for what I considered a typical
>freelancing payment deal - a third down up front, another third at some
>milesone point, and the rest upon completion of the project. This was
>rejected by the client,

Your terms are reasonable and quite common (probably the standard) for the
industry. You could confidently tell them so. Sounds as if you'll lose the
job if you don't agree to their terms, so (of course!) it's your decision
either to risk a hassle and possibly not get paid, or to bow to their
payment terms and get the job and perhaps an entry for more jobs (on
similar terms!).

If they sign a contract that specifies the work to be done and the fee to
be paid, it might not be worth their time to fight you in court over
payment. They would probably have the legal muscle to wear you down and
win, but it might not be their lawyer's preferred way to spend a half day
(in court over a relatively small amount).

If you take the job, at least make certain the job description is clear,
including what standard of quality is expected. In other words, it should
say that the work will be of a quality that is standard for the industry,
or maybe of a quality that is demonstrated in your portfolio, and perhaps
add a clause that at your option you may choose to redo work that is
clearly substandard ro does not perform for the stated purpose.

I recommend you have some legal advice about this (and contracts in
general) and that you have a good look at the Graphic Artists Guild's site
(http://www.gag.org), which has wonderful information on contracts. Their
handbook on ethics and pricing is also terrific.

Marc Hoffman

Poison Dart Frog Media
Flash Animation and Digital Audio Production
Featured in Flash 3 Web Animation, by Ken Milburn

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