We’ve come to an end, ladies and gentlemen (and those who have yet to make up your minds). We’ve talked about never working for free again, never working against your education and training, working on your own terms and educating yourself as you go along. We’ve found places to look for pro bono opportunities, places to find contracts and ways to deal with difficulties. We even found ways to trumpet your success to the masses. What could possibly be left?

Well…to be honest with you…not much. I don’t know about you guys but I’m exhausted. Except maybe one thing. Because there’s one big secret about this entire series:

I’m not getting paid to do this. Not a single word. Not a single line.

I took this series on for about four separate reasons. I wanted to write for BoDo because I believe in BoDo. I wanted to learn about online blogging, online publishing and online writing. I wanted to expand my knowledge of Web 2.0 as more than a catchphrase. And I wanted a creative outlet to write about something I loved.

To this endeavor I brought to the table over ten years of experience and endless hours of college and real-world education. I know nonprofits - good, bad and ugly, inside and out. I know freelance work. I know people. I know writing for the public. I know kung fu.

But there were many things I didn’t know when I started. I didn’t know about timed publishing, but I learned very quickly; I didn’t comprehend the vagaries of HTML, but I picked it up as I went along; I didn’t know how time-consuming responding to comments would be (nor how much fun it was!) but I threw myself into it with glee; I had no idea how WordPress worked, but I made it happen.

Did I benefit from this series? You bet your sweet tuckus I did.

I currently work for a very large, very nice, very professional non-profit that decided to upgrade their website. We were called in to a meeting about the redesign where we were asked the following questions:

“Have you ever worked with CSS and online publishing?” Why, yes I do…now.

“Do you have any experience with HTML editing?” Why, yes I do…now.

“Do you know about tagging? How about SEO.” Why, yes I do…now.

I could keep going, but you get the drift. I learned. I grew. I’ve expanded my understanding of the creation of an online presence exponentially. All because I was willing to say yes - to working pro bono on my terms, on my time and in my way.

And I have triumphed. I’ve added nearly a dozen lines to my professional resume, my career skill-set and my personal growth. I even picked up a dozen freelance writing gigs along the way that did make money. I didn’t make a dime on this series and yet I’m richer for every word I put into it. I’ve gathered something that can never ever be taken away, devalued or spent.

Maybe you think “I don’t have time to work for free.” Hogwash; I pull a 40-hour workweek and a full set of weekend activities and managed just fine. Perhaps you think “Well, that’s great for you, but I’m not a writer — I’m a different type of creative individual.” Rubbish again; whether you write, code, design, illustrate or sing jingles you can follow these articles and reap the benefits just as I did.

There are millions of reasons to say no to a new project. Some of them are even believable. But those reasons are just a million little fears made manifest in the smoke of your insecurity. The fear of what-might-happen is the most subtle and insidious poison ever manufactured inside the human mind. The easiest way to combat that fear is simple; step into the unknown and it will not follow.

Work pro-bono to free your mind. Once you get past the minutiae, you’re free to focus on the bigger and better things. They’ll make you bigger, better people. And, young or old, newbie or veteran — the rules still apply. Always get something back, even if you work for free. Treat your pro-bono work and clients like paid jobs and they’ll return the favor. Make a contract to protect everyone’s best interests (with a few extra steps in there to save your own skin). Ask questions. Learn about things you didn’t know before. When the work is done, show the world. Bigger and better, folks…bigger and better.

I wish the best of all things to all of you who have taken on a project pro bono. To my collaborators and friends: Jeff Fisher, Tamar Wallace, Calvin Lee, Jay Wickham and the unflagging support of my editor-in-chief and cheerleader Catherine Morley, I thank you from the bottom of my big fat motherly heart. And to those of you still on the fence - just go ahead and say yes to pro bono! The worst that can happen is that you’ll learn something about yourself, your world and your work.

I encourage you to ask questions and leave comments and tell me how you feel, what you think, and let me know what I’ve missed or just to say hello. In the meantime and every time - be gentle with yourself.

Thanks, and ciao for now.

This series has been dedicated to the exploration of pro bono practices: from how to find the non-profit client, understanding the expectations of not-for profit work, setting up contracts to protect both parties and the successful (and not so successful) ways to educate yourself and your client on how creatives can and should work together to the benefit of all involved.

Thomas (Tom) Stephan | Director of Something Clever
BoDo Author | Dyer Straits | Working Pro-bono

Your desire to do pro bono work is testament to the type of person you are: compassionate, enterprising, willing to learn, teach and grow.

This combination of admirable qualities is guaranteed to get you in trouble in your professional life. Trust me on this; no matter how clean and pure your creative well is, there’s somebody out there ready to pee in it.

Everybody has their horror stories about the client who wouldn’t pay, or the one who wouldn’t go away, or the ones who wanted to keep you forever. And keep in mind that these people are paying customers (except the ones who don’t). Tragically, most of these stories end with the same question and answer:

“Did you have a contract?”

“Well….no.”

Remember our mantra “Always get something back?” A contract is the 250-pound bodyguard that allows you to get yours. It’s a warm blankie that keeps you from getting frozen out. It’s the cease-fire that keeps you from getting shot. It’s the pet goldfish that never has to be flushed. Your creative brief should be cheery, happy and helpful. Your concept presentation should be a joyous hippie-fest of naked love.

But your pro bono contract should have teeth…at both ends. Your contract should be attached to a project agreement that details exactly what you’re doing for this organization. And by “details exactly” I mean that you should have an intricate explanation of the project, starting with the overall idea and working down to the nitty-gritty. “Build a website” and “design a logo” are not acceptable. “Creation of ten to twelve webpages, including a Welcome Page, About Us, Contact Page, 404 page, etc.” and “Create an identity package including a logo and corresponding letterhead, flexible second-page, business card and envelope,” is probably a good start.

You may feel like you’re over-reaching when you produce a contract for your project. You might even feel like you’re not “big enough” for one. Get that idea out of your head once and for all. Contracts protect your client from making the embarrassing mistake of thinking you’re an employee. They affix a concrete monetary amount to the endeavor. They keep the money on their side of the table and the creative expression on yours. Most importantly they allow you both to land on your feet and walk away if things go wrong.

The following is a sample contract for pro-bono work. Special thanks to Catherine Morley of BoDo and Designers Who Blog, Faith Martin, Calvin Lee of Mayhem Studios, who were generous with their experience. It is, by nature, a generic contract and should be adopted and adapted. I know it looks lengthy, but think of it like a bath towel at the gym; in a roomful of people you’ll always end up wishing for more than less.

Pro Bono Project Agreement

The individual providing services will be (Insert Name Here), referred to in this contract as “the Creative.” If the Creative is working with a team of other professionals, then all information will be communicated through the Creative. All efforts will be made to provide appropriate and successful solutions to meet the communication needs of the organization.

One member of the Company is to be assigned as sole liaison between the Creative and client. This person is (insert name here). In case of communication delay or difficulty, the secondary contact is (insert name here).

A Creative Brief compiled, approved and signed by all members of the Design Team will be required to provide insight into the criteria used to provide the solution. All members of staff that desire creative input will be required to attend any meetings where concepts or comprehensives are presented.

The designer reserves the right to present concepts and/or comprehensives to the assembled staff in person.

A project budget must be submitted to the designer before work can begin.

A total project or monthly time-cap will be determined for this project. The project will end upon the date specified in the contract under the production timeline. Exceptions will be determined on a per project basis.

The number of original concepts presented and revisions provided for this project will be agreed upon before work commences.

Agreed-upon number concepts for Project: (insert quantity here).

After a concept is selected, the revision process begins. Revision is defined by the Creative as a variation which constitutes a significant change to the form, content, or components of the selected concept.

NOTE: revisions are a natural part of the design process, but excessive revisions creates an endless loop between the Creative and the Organization, and may lead to a project stall. The Creative agrees to notify the organization if the project revision process is approaching a stall point, upon which the project will be halted until the Creative and the Organization determine the best course of action.

Agreed-upon number revisions for chosen concept: (insert quantity here).

Project Name:
Date Requested:
Project Manager:
Primary Contact:
Secondary Contact:
Business Address:

Additional Contributors (if any):
Photographer:
Copywriter:
Programmer:
Illustrator:
Printer:

Estimated commercial cost of project based on the Design Brief: $0000.00

Design & Layout: Pro Bono

Project Hours Estimate: (# of estimated hours) @ ($ 00.00) per hour.

All project estimates are solely dependent on the organizations ability to provide the necessary project material in the format requested and in a timely fashion.

Purchase of any fonts, third-party services and stock artwork used in the final concept will be billed to the organization.

Printing fees: paid for by (name of organization)

Specifics from Creative Brief

Project Objectives:
Distribution:
Creative Considerations:
Look and feel desired:
Current organization colors are:
Current Organization Fonts:

Production Specifications & Schedule

Submission of materials to the Creative: Rules and Guidelines.
Please read the following rules and guidelines carefully. Failure to comply with these requirements may delay your project.

Text

Please deliver all text based information as a text-only word processing file prepared as follows:

• Open and Save a document in your word processing program in the text-only format (.txt)
• Type all information as one file (don’t use text boxes).
• Do not use: Indents, Tabs, Underlines, extra spaces or symbols.
• Specialized symbols, like accent marks, tildes, or scientific designators are an exception to the rule and the Creative should be notified of their usage and supplied with a print-version of select symbols.
• Space once after a period.
• Please use Courier, Arial, or Times New Roman for your text.
• Utilize or signify appropriate capitalization, punctuation, bold, or italics.
• Double-space or triple-space between paragraphs or other sections you wish to be set apart or formatted in a special manner.
• Put notations or instructions in where necessary. For instance: (Empty page) (Form goes here) (Photo to be provided as digital, hard copy or whatever may apply) etc.
• Please provide a hardcopy proof of your text for comparison purposes.

The Creative is not responsible for ensuring proper grammar, spelling or citation of references. Please have your team provide proofreading and quality control for all text.

Graphics

Graphics may be submitted on a Compact Disc or via email. Please read the following guidelines for submission carefully.

If your project is Web-based:

The following formats and qualities are acceptable for Web usage:

• Photos - original professionally developed and printed hard copies
• Digital Camera - medium quality or higher.

Formats that are appropriate or can be converted for print media are

• TIFF, JPEG, EPS, GIF, PNG
• Files from vector-programs such as Illustrator, Freehand or CorelDraw
• Files from raster-program files such as Photoshop.

If your project is print-based:

The following formats and qualities are acceptable:

• Photos - original professionally developed and printed hard copy.
• Digital Camera - Highest resolution available

Formats that are appropriate or can be converted for print media are

• TIFF, uncompressed JPEG, EPS
• Files from vector-programs such as Illustrator, Freehand or CorelDraw
• Files from raster-program files such as Photoshop.

Graphics files embedded in word processing files (including Word, Powerpoint, PDF, Publisher, Excel or Keynote are incompatible formats and will be rejected. Graphics files from Websites, camera phones or screen captures are unacceptable and will be rejected.

Deliverables = content, graphics, photographs or information needed to complete the project. Please be aware that pro bono work must be a secondary consideration when scheduling work. If the schedule below does not seem realistic and you feel you will need more time, please note an alternate schedule date next to the suggested schedule date.

Deliverables from (name of organization): (date)

(Print Jobs Only) Delivery of Digital Files to Printer:

Final Delivery of digital files and/or (other project items) to (name of organization):

Completion/delivery of project: The estimated completion date of this project is:

Legal Requirements

Editor’s Note: Laws are not the same everywhere; check your state or government guidelines to ensure you’re not infringing on any rules!

Client assumes all responsibility for use of any artwork, copyrighted material or trademark/s provided by the client or by direction or request of the client to the designer for use in the project.

(Initial here______)

Signed proofs protect the Organization and Creative equally, and are required before work can be completed. The Client agrees to accept responsibility for reviewing text for grammatical and spelling errors, fact-checking, color and image approval.

(Initial here ______)

(Print Jobs Only) There may be slight color variations between proofs and finished jobs. Final color is dependent upon the printing equipment and paper stock used. (Laser is not as accurate as Offset. Designated color-matching systems, such as Pantone can be specified, but not always duplicated on laser printers).

Reproduction rights:

Any work of the designer, whether original or using previously established design elements, is considered a new work of art and therefore sole rights to that art and all native electronic files (ie: Illustrator, Photoshop, InDesign, Quark Xpress or Pagemaker) remain the sole property of the designer. If a creative proposal is not accepted as presented, the artwork, whole or in part remains the legal property of the designer.

The designer hereby grants that the following conditions shall apply to this project:

(Editor’s note: this is a great place to specify exactly what you’re giving and what you’re keeping in regards to rights, below are a few samples; you may need to tweak them depending upon the type of work you’re doing.)

(Initial here______)

REPRODUCTION OF WORK:

__ The client assumes full reproduction rights upon completion of the project.

__ One-time reproduction rights for the specified project, at the agreed fee, are granted to the client. Any other usage must be negotiated.

__ All reproduction rights on the copyrighted work are retained by the designer. The work may not be reproduced in any form without consent from the designer.

__ The designer retains personal rights to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of the designer’s business. Where applicable the client will be given any necessary credit for usage of the project elements.

The Designer reserves the right to use examples of this project in portfolios, design publications, educational materials, competitions and for marketing purposes. When used for these purposes and where applicable, the client will be given credit for usage of the project elements.

(Initial here______)

Credit Line: A “Design & Layout by Xxxx” credit line may be inserted (at the discretion of the creative) on the publication or Website in an appropriate location.

(Initial here______)

Client-supplied hard copy photographs will be returned upon completion of the project. In addition, all photographs, text, and concepts originating with the Organization remain the property of the Organization

All preparatory materials purchased or created for use in the project remain the property of the Creative.

In the event that the Creative and the Organization conclude that the project has reached a point where continuance is no longer desirable, this project is subject to a mutually agreed upon termination. In the event of cancellation of this assignment, ownership of all concepts, sketches, programming and revisions shall be retained by the designer.

Acceptance of agreement: The above, specifications and conditions are hereby accepted. The Creative is authorized to execute the project as outlined in this agreement. Proposal is accepted as outline above.

Client’s signature_____________________

Creative’s signature_________________________

Date ______/______/______

And that’s about it. Tune in next time as we address common and not-so-common issues that may arise while working with your client, problem-solving, troubleshooting and ways to get what you need when you need it. Ciao for now, and stay dedicated to getting something back!

---

This series is dedicated to the exploration of pro bono practices: from how to find the non-profit client, understanding the expectations of not-for profit work, setting up contracts to protect both parties and the successful (and not so successful) ways to educate yourself and your client on how creatives can and should work together to the benefit of all involved. Along the way we’ll include international design experts, research and statistics, etiquette and most importantly, how to be part of the solution. Stay tuned and let your voices be heard.

---

Thomas (Tom) Stephan | Director of Something Clever
BoDo Author | Dyer Straits | Working Pro bono

Post your comment »

Hello, I’m the Pro bono Camel!

Um…hello? What are you doing with your head in my tent?

What, me? Oh, well you offered to help me out here by letting me into your campsite, but it’s a wee bit cold out here, so I figured I’d just get my nose out of the cold.

Oh, sure! By all means! Let me just move some things around…wait a minute…I see a hoof in the tent, too.

Oh, shucks…yeah…my right hoof is kind of cold. Do you mind?

Um…no, I guess not…

Good! We’re getting along smashingly! Of course, it seems silly to have one hot hoof and one cold hoof. I’ll just slide the other one in here. Can you make some room?

Well, um…it’s a small tent, Mr. Camel…

Are you saying that one hoof is fine, but both are too much? C’mon…

Well, I guess…wait a minute…there’s a LOT more of you in here…

My hoofs are attached to the front half of me, silly! Ooch over…and is there enough coffee for everyone?

Um, let me check the pot…

Lovely! My, what a nice painting! I can’t quite see all of it though…let me just….

Whoa whoa whoa…um…you’ll have to back up a bit. I can’t have all of you in here at once!

Really? It doesn’t SEEM crowded. And we love your work! Do you have any more? And I won’t say no to one of those powdered donuts.

Wait…wait a sec. I’m good with the nose and the hoofs, but the rest of you isn’t gonna fit in here.

I seem to be very cozy, thanks for worrying about me. Are the powdered donuts fresh?

They…uh…well, they’re powdered donuts…I don’t think they’re actually fresh ever.

Oh, too bad. Maybe you should run to the store for more. You’ll have to leave from the other side of the tent, though. No room in here…you should have thought about that before inviting me in, silly tent-dweller!

Has this ever happened to you? Probably not, unless you’re living in a tent near a high camel-traffic area. But if you’ve ever taken on a client, you’ve invariably dealt with the dreaded “project creep”. Perhaps it’s a logo redesign that turns into stationery and business cards, or a website that suddenly needs a shopping cart.

With a paying client, you have some leverage over project creep by charging extra for extra services. But unless you take charge, pro bono work has no built-in defense systems. And as a result, you’ll hear horror stories about the free project that ended up costing a fortune, either in lost time or actual money. Worst of all, any attempt to push the project back into its original confines is often met with disbelief and anger; after all, you were the one who offered to help in the first place, right?

The solution to the camel in the tent scenario is simple: build a fence. The solution to pro bono project creep is the well-defined contract. Before you put pen to paper or mouse to the pad, create your contract. Outline exactly what you’re willing to do as well as contingencies for any additional work. Don’t leave anything open to chance.

You might be saying “gee, a contract? But I’m only writing a few press releases.” or “I don’t know if it’s worth the hassle…I’m only refreshing their old logo, and besides, I’m not really a professional yet.” This thinking is pure rubbish and you know it; it’s the creative equivalent of handing a car thief your keys and saying “Now don’t steal it, please.”

If you don’t value your time, nobody else will. A contract is a visible, tangible expression of both your creative value as well as a proclamation of how much respect you give to your client. It’s also excellent practice for those clients who will one day pay you cold hard cash.

For example, if you agree to write a series of press releases, first decide exactly how many press releases, how long it should take to write them and when and where they’ll be released. Give yourself a due date on every single one and add a few extra hours for editing and wrapup. If your potential client makes decisions by committee, demand a single representative of your pro bono client as your liaison. Create an escape clause that allows you to end your work arrangement if you find yourself incompatible. Put a pricetag on your work to let them know they’re receiving a commodity as valuable as anything else in the world bought or sold. In short, prepare for rain while the sun shines, and you’ll never get wet.

There’s an old saying in the business world: Contracts protect everyone. Nevertheless you may find yourself at the end of a cold hard stare when you present your local volunteer rose pruning society a three page contract outlining the particulars of branding their annual tea party. People view contracts with distrust because so many of them are evil convoluted creatures (the contracts, not the people)

Your solution here is to make your contract as readable, as transparent, as you can make it. There’s no need to say “The party of the first part, hereinafter known as the Designer, agrees to create a physical representation of the organization of the party of the second part, hereinafter known as the LadyBugs Rose Pruners of Greater Wagga Wagga…” when simply saying “I, the Designer, agree to the creation of a marketable identity for the LRPGWW, and agree to do the following work…” will do just fine.

Present your contract, offer to explain or detail anything in question, and then have everybody sign it. And by sign it, I mean SIGN IT. Don’t fax it over, email it by or leave a copy in the mailbox. And if the LRPGWW will not sign your contract, don’t work for them.

There are some great resources out there in regards to contracts. This site has examples; so does Creative Latitude. Good contracts, like clothing, require tailoring to your specific needs. Don’t over complicate and don’t undercut yourself. Remember your most powerful tool is your gut instinct. Remember that your contract keeps you safe and makes for a healthy relationship for all involved. If you doubt that, remember there’s a coffee-drinking, powdered donut eating camel ready to move into your tent. And nobody wants that.

Except the camel.

Next time, We’ll have a sample pro bono scenario and a contract to match. Stay tuned!

This series is dedicated to the exploration of pro bono practices: from how to find the non-profit client, understanding the expectations of not-for profit work, setting up contracts to protect both parties and the successful (and not so successful) ways to educate yourself and your client on how creatives can and should work together to the benefit of all involved. Along the way we’ll include international design experts, research and statistics, etiquette and most importantly, how to be part of the solution. Stay tuned and let your voices be heard.

Thomas (Tom) Stephan | Director of Something Clever
BoDo Author | Dyer Straits | Working Pro-bono

Get a hold on creep

Dear jay,

One of my clients is driving me nuts by continually asking for changes or alterations to her jobs. She doesn’t seem to comprehend that these modifications take time and are beyond the original brief. Worst of all, she thinks that she shouldn’t be charged extra. Help!

We refer to this issue as ’scope creep’ and the key to handling creep starts with a good upfront and dynamic documentation, and continues by managing the project efficiently and effectively. As the project manager, you have to lead your client through your process, eliciting their commitment at each stage.

Not being an advocate of the “scope creep is absolutely unacceptable” paradigm, I hold the view that scope creep should be expected and processes put in place to handle it. Of course, it is wonderful when a project goes exactly as planned but the larger the project, the more likely you will have to deal with creep even if in only a minor capacity.

Detailed Design Brief

A design brief from your client is vital. If they do not have one, then include the production of one as the first step in your proposal. Getting your client’s views in writing documents their expectations and direction; A valuable tool when the project looks like going off the rails. Check out our Proposal and Creative Brief Resources for further reading, including Stacy King’s Using the Creative Brief at HowDesign.com.

Detailed Proposal

We will save putting together a brilliant proposal for a later time but you can get started with Crafting the perfect proposal by Neil Tortorella over at Creative Latitude and Roger C. Parker’s Write better proposals.

A detailed proposal tells the client exactly what they are getting for their money. It will include your process where you give a clear plan for each phase or major milestone (and minor if necessary), listing for each:

• client input expected including assets and decisions,
• the scope to be covered in detail,
• what is not included, if known,
• the time required,
• the deliverables, and
• the payment required.

As an example, you may need content in electronic format but not included data entry and/or proofreading in your budget. The detailed scope may include the X number of scans and images and Y number of pages.

Out of Scope Process

Include your process for handling out of scope requests, but be prepared to make compromises. An arrangement that suits both you and your client is more likely to be adhered to when it comes to the crunch. Requests for major changes, for example, may mean a halt to the current project while a new proposal is prepared, or they could be assigned to a follow up project.

Inexperienced clients often are unaware of the consequences of what they perceive to be a ‘minor’ change. By discussing this prospect upfront, they have the background to accept your assessment later in the project and can then decide whether to go ahead, defer or cancel the request.

A Change Order should be among your collection of documents and used for every change request whether major or minor. Get it signed by the client! Documenting changes not only saves invoice disputes but also allows you to build a record for future estimating.

Give the consequences of delays in time and cost, clearly and precisely. This especially important, if delays will affect other projects on your schedule. If necessary, you could include a statement to the effect that nonadherance to the timetable will result in the project being downgraded in priority or put on hold.

Make sure you highlight your ‘out of scope’ rate(s) and how it will be applied. Include examples: extra image scans may be a set cost, while extra pages may be charged by the time necessary to produce them.

Project Management

Document each task, how long each takes, where problems arise and how they were resolved. Even though the client is unlikely to see this accumulation, it is an invaluable assistant to fine tuning future proposals and anticipating possible problem areas.

As each phase is completed get the client’s signoff; Include the agreed scope as well as any extra tasks involved listing the relevant Change Orders. Invoice the cost of the changes straight away along with the progressive payment for the next phase. You do get progressive payments, don’t you? Again, include the Change Order numbers or other identification on the invoice, so there is no confusion in your client’s finance department.

Busy clients may forget that a change requested during Phase 1, resulted in an extra charge in Phase 3, so review the next phases to ensure the consequences of any past changes have been recorded and give the client an updated phase plan, if necessary.

Good documentation can help solve client problems. You project a professional image and it gives you the basis to communicate your policies and procedures to your client. A frank discussion is all that is needed to get the money into your bank.

Good luck!

Until the next
Ask jay

You too can Ask jay!

A Clients Guide, wishful thinking? Perhaps. But, perhaps a consideration.

In 2005 I researched design orgs for Proscodi, and pretty much bored everyone around me to tears with the information I found.

(When you’ve been around BoDo for awhile, you’ll find that research is one thing I do. A lot. Sometimes fruitful, sometimes not. And I imagine boring comes into it too. A lot).

BoDo author Alina Hagen of Alina’s In-sights (with her usual clear insight), asked:

If designers need a code, then what about our clients? Shouldn’t they have a code for working with designers?

Alina took the initiative and created a discussion on the about.com design forum. While she was occupied, I posted elsewhere to request additional help. Designers from various forums added to the list. The list grew. And grew. When it became a decent size, I pulled it together into ‘official speak’ using the Icograda code. But it didn’t polish up until Thomas (Tom) Stephan, now of BoDo’s Dyer Straits, (bless him) took my efforts and created what you see below, a readable Client’s Guild to Professional Conduct in the Design Industry. After it was refined, we posted it back on the forums, some of who pegged it.

(A special thanks goes to all who helped put together the pieces. The list is too extensive, but you know who you are).

So I give you, the …

Clients Guide to Professional Conduct in the Design Industry

Definition

“Client” means an individual or company purchasing skills and talents from an individual or company practicing in design industry

Professional Conduct

We expect our clients to follow the professional obligations of their own community and the business community as a whole. This includes all legal obligations of the city, state or nation under which they operate. Designers have the right to refuse to do service with a business which they feel is not adhering to these obligations.

Do not ask your designer to apply concepts, images or ideas from another source. Remember: you are trying to stand out of the crowd, not blend in. Plagiarism and concept theft is a criminal act that will damage the designer and your business, and makes it difficult for both of you to reestablish public credibility.

The Designer/Client Relationship

The digital world has vastly improved the speed of design. Proofs can be sent electronically and a great amount of design can be accomplished on computer in a much shorter amount of time than ever before. However, technology has not made the design process simpler. Designers still need time to work with your company to decide the best way to represent it to the consumer. Deadlines and project scope must be realistic and flexible enough to deal with the unexpected. Remember that you are buying a public face to your business, and value it accordingly.

When you hire a designer, make sure that you make them part of your business day. Keep in touch at a frequency acceptable to both of you, and the design process will flow smoothly in both directions. Designers, like all business contacts, appreciate returned messages, even if it is only an acknowledgment of receipt.

Spend an extra hour with your designer at the beginning to outline your needs and interests, and you will save hours of time down the road in regards to deadlines and project scope. Taking the time to deliver a sufficiently in-depth project brief ultimately serves as a cost-saving device for both parties.

A qualified designer is trained to analyze your professional needs and, with your input and guidance, craft visual expressions of your business. The client should understand that this skill goes beyond the personal aesthetic and often deals with the psychology of branding and public perception, and is as individual to your company as a fingerprint.

A designer’s suggestions and recommendations on the project are not simply what clients or designers find appealing or pleasing. Good quality design is engineered to appeal to your customer. Be fair in your criticism. Ask questions instead of making statements. If something does not work, explain your misgivings fully instead of simply. Remember that your designer is a professional collaborator and not an employee, and brings a set of skills to your company that is geared towards expanding your business.

In addition, the concepts and ideas generated together represent a contractual agreement of confidentiality/exclusivity between the designer and client. Just as the Designer will not divulge your business operations, you and your staff are obligated to do the same for our business.

Design is a business, just like yours

Designers are business owners and have set hours like any business. After hours calls may not be received until the next working day. Rush requests or overnight orders, like any business, are subject to increased or emergency fees. In return, a designer is obligated to inform you in a timely manner of any increase in cost to you.

Deadlines for materials the designer needs are not arbitrary. Designers cannot design around blank spaces where text should go, nor can they build around pictures that are not there. Any delay on the delivery of photos, text or dimensions of the project results in a slowdown of the production process. If you experience an informational gap, contact your designer immediately to explain the delay.

On a related note, make sure your copy is free of errata, both grammatical and factual, and that you images are of the quality needed by the designer. The designer should give you a list of specifications of print, media or Web materials. They are not guidelines; they are rules by which the final project must go to press.

Design Contracts/Billing

Designers’ contracts guarantee their clients the right to high quality design in a timely and efficient manner to represent to goods and services your business has to offer. Take the time to read them thoroughly. If a designer does not provide a contract dealing with the scope of the project it is your right to ask for one before you begin working together.

A good designers’ contract outlines realistic deadlines, estimates the true scope of a project and the obligations of a designer before, during and after the project timeline. If any of these areas are lacking, it is your right to ask the designer about them.

It is the designer’s duty to a client to provide a detailed list of services provided in the final remuneration. This bill will include all services provided, including, but not limited to the services outlined in the original contract. Overtime, rush fees and emergency work will be billed accordingly, as well as any additional services requested by the client. The client has the right to inquire about additional costs when requesting additional work. A client will pay on time as agreed in the contract

Requests for working on spec - You might have heard of business owners who have asked for multiple designers to submit a finished product, and paid only the designer whose work they chose to use. On the same note there are designers who state a willingness to work for free to secure a later contract. This is known as spec (speculative) work, and is one of the biggest gambles you can make with your time, money and corporate image. Clients who ask for spec work waste time and energy weeding through multiple designs, most of which do not reflect your company’s needs. Designers who work on spec are not bound by contractual obligation to deliver anything, even if you want to use their designs. In short, it’s better, safer, and more cost-effective in the long run to work with a hired designer who is able to dedicate themselves to your project than it is to delve into spec work.

Publicity

Publicity helps designers and clients build an image and gain even more work. Naturally, a designer should be allowed to present samples of their work with your company as an example of what good collaborative design can accomplish. Designers are obligated to present your company in a positive, factually correct manner, and any samples will not violate the confidentiality agreements in the design contract. A client may allow the designer to use the client’s name for the promotion of articles designed or service provided, but only in a manner which is appropriate to the status of the profession

A client who is asked to advise on the selection of designers shall accept no payment in any form from the designer recommended

Also, a client should not publicize the designers name to be associated with the realization of a design which has been so changed by the client as no longer to be substantially the original work of the designer.

So, what do you think? Is it a go? Or, not?

until the next
Designers WW,
cat