RE: RE : Serving a warning---

["Ryan Fioravanti" <rfioravanti(at)lussier.tv>]

I must agree with Sean’s advice here to solve Marc’s problem. Incorporating does provide many benefits as well as protection of personal assets which a sole proprietor doesn’t, but it’s not a must. As a freelancer, you are already your own entity somewhat and can have contracts in place. I run a technical business on the side where I design and wire machine rooms, edit bay etc… and I feel your frustration. It seems clients always needs are always put in the forefront of your life, yet when it comes time to pay for your services, they’re never on time. They love you to death when you save their as*, but won’t pay as agreed. I’ve run into this problem a lot lately, and my way of avoiding it now is to not wait until the invoicing portion of the job, but to have the client agree to my payment terms before I even start the job.  You should write up your payment terms, and get the client to sign off on them stating they agree to your terms before you even start. In your terms state you will charge interest if not paid in agreement with your terms. I’ve noticed my clients don’t want to pay interest, and therefore pay me on time. If they don’t pay on time your signed terms are proof of your agreement if you have to take the legal route.

 

Ryan Fioravanti

 

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From: owner-ds(at)Softimage.COM [mailto:owner-ds(at)Softimage.COM] On Behalf Of SQITAOS(at)aol.com
Sent: Wednesday, September 21, 2005 1:54 PM
To: DS(at)Softimage.COM
Subject: Re: RE : Serving a warning---

 

As big as this industry is, it is actually quite intimate.  If a freelancer or an organization is doing wrong by the good people of the community, I believe their reputation will shortly precede them.  If in fact, a person or group is out to do malicious harm to an individual or an organization, then I believe at that point it would be wise to let others know, either through a list such as this, word of mouth or direct email.

 

A couple of quick tips about protected one's self as a freelancer:

 

1:  Incorporate yourself.  Not only will it protect you for insurance purposes, but in the eyes of the law you are an entity with rights and not an unprotected individual.

 

2.  Lawyer up.  Yeah, I know.  They're like termites, most of them.  But if you establish a relationship with a law firm that understands your industry and can be contracted for an "as per incident" basis, you'll find what a quick letter can achieve with little headache.

 

3.  Make your invoices clear.  Be good about invoicing, using a program such as Quicken or QuickBooks.  Categorically identify the work that was done, the project, the producer, the date and the hours.  Make it clear what you are charging for, whether it is by hour or day rate.  Note on your invoice to be paid "Net 30", that is the standard.  Email the invoice as well as send a hard copy, and keep a hard copy for your own records.

 

And lastly,

 

4.  Know someone named Gianni.  Nothing says "You owe me money" like a set of broken knee caps.

 

Regards,

 

Sean E. Stall

President / DS Artist

ironik design and post, inc.