Your Art: It’s Relationships First, Contract Later

I recently finished negotiations on a large equine sculpture for a major developer. Erik, a sculptural genius, is working with me on this. To date, we’ve had three meetings, and have invested about 8 hours of our time-most of that coming from Erik in the form of renderings. And all of this we did without… a contract.

Yes, I sometimes still do this, even with my established reputation. Why?

Three reasons to build relationship first

For openers, Erik is rather young as a sculptor and I’m in the process of helping to establish him.

Second, the client only knew me through acquaintance with several of my references, and this process is giving him the opportunity to know me directly.

And third, I’ve assessed that this client seems honest, so I’m willing to work gratis up to a point.

Recently, we established that Erik is to be paid for all further renderings, and verbally agreed that the commission is ours.

When is it time to shift?

One thing I’ve learned, especially on smaller projects, is that trying to lock up everything with a contract from the start can freak out the client. The client, faced with formal agreements before they know you, can close up and be more difficult to work with.

I prefer earning their trust, and impressing them with the artists abilities and mine, before insisting on the contract-but only if my instincts tell me to proceed. Usually they do, since I’m selective in which clients I choose to invest time and energy.

Contracts? I swear by them

Everything must be spelled out on paper, that’s a given. I just don’t present a contract until all the parties are in synch. I do talk about the fact that a contract will be forthcoming and let some details come up naturally within the process of establishing the relationship.

In fact right now I’m working my butt off on a new project that will require my attention for the next year, and a fair bit of travel, since the client’s outside my region. But the client’s cool, we’re in synch, and I know the contract will be here soon. (That was confirmed all that in our last conference call.)

Start the relationship, the rest will follow

So I’ve already started the work. Does the client appreciate this? Like you wouldn’t believe. But remember, I go this route because I also know how to listen to the advice of my instincts.

Contracts are not only great they are necessary. And they work best when you pay attention to the right time.  Present them after a business relationship, rooted in trust, has been established.

You’re not sure how to assess the trust? That’s easy: go with your instincts. Normally they’ll serve you quite well.

But once you do present the contract, make sure all aspects of the project are properly spelled out, protecting both you and the client. When they realize you’re as concerned about their interests as your own, they’ll not only be impressed, they’ll readily tell their friends about you.

And that’s the best kind of marketing you can generate–the free kind.

Tell me, what experiences have you had with contracts?