In this article
Key takeaways
- Scope and deliverables should be clear and aligned.
- Payment terms, cancellation terms and revision counts should all be in writing.
- Look for confidentiality, contractor status and portfolio usage clauses.
- Read it before signing, like Harvey Specter would.
Harvey Specter would never sign something he hadn’t read, and neither should you. Agency contracts aren’t exciting, but they decide what you’re paying for, what you’re protected from and what happens if things go sideways. Here’s what to look for.
Scope and deliverables
Should be clearly mentioned and aligned. What are you getting, how much and by when?
Payment terms
Should be clearly listed, including whether the model is one time, tiered or performance based, how any advance works, and the needed artifacts (bills, receipts, invoices, communication channel proofs).
Cancellation terms
How can either side end the agreement, and what happens afterwards?
Confidentiality clauses
Your business information stays private.
Independent contractor status
An agreement that makes clear the agency works as an independent contractor, not as your employee.
Portfolio usage agreements
Can the agency show your work in their portfolio? Agree on it upfront.
Revision count clauses
How many rounds of revisions are included? Put a number in writing.
Questions to ask before signing
- Is everything in the scope and deliverables clearly listed?
- How and when do payments work, and is an advance needed?
- How can I cancel, and what are the terms?
- Is my information covered by confidentiality?
- Will you use my work in your portfolio?
- How many revisions are included?
Conclusion
Read the fine print, ask the questions and get it in writing. A clear contract protects both sides. (This is a general guide, not legal advice, so have a lawyer review your agreement.)
FAQs
- What should an agency contract include? Scope and deliverables, payment terms, cancellation terms, confidentiality, contractor status, portfolio usage and revision counts.
- What are the payment models? One time, tiered or performance based, with or without an advance.
- Can an agency use my work in its portfolio? Only if the contract says so.
- How many revisions should I get? Whatever the revision clause states, so get a number in writing.
- Is the agency my employee? No. The contract should state they are an independent contractor.
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