Contracts and Agreements

"No agreement, no misunderstanding."

Why a contract?

In the creative sector, many people work on the basis of trust. That's great, but trust is not a safety net. A contract or order confirmation is not a sign of distrust, it is a way to create clarity.

It prevents disputes about:

• What exactly you deliver
• When you do it
• What you get paid
• Who is responsible for what

And if a problem does arise, you have something to fall back on.

What belongs in a contract?

A contract doesn't have to be complicated. It can even be an email where you clearly agree on what you're going to do. The most important elements:

1. Parties

Who is entering the agreement? (you + the client, with address and contact details)

2. Description of the assignment

What exactly are you going to do or deliver? Be specific:

• Number of designs/photos/hours
• Including or excluding revision rounds?
• With or without print work/attachments?

3. Planning and deadlines

When do you deliver the work? When does the client need to provide materials?

4. Fee and payment

What does it cost, when do you send the invoice, and within how many days should payment be made? Tip: Also specify what happens if someone pays late.

5. Copyright and usage

Who owns the work? What may the client do with it?

• Are you providing a license? (e.g., use for website, but not for print)
• May the client make modifications?

6. Termination / cancellation

What happens if the assignment stops? Do you still get partially paid?

7. Liability

State in the contract that you are not (or only limitedly) liable for consequential damages, unless there is intent or gross negligence.

Common contract types

• Freelance agreement / order confirmation – The basic agreement between you and your client.
• License agreement – For illustrators, photographers or musicians who grant usage rights (but not ownership).
• Collaboration contract – When you work with other creatives on one project.
• NDA (non-disclosure agreement) – When you work on a confidential idea or concept.

No lawyer? No problem.

• Use a sample contract from a professional organization (BNO, Kunstenbond, DuPho, etc.)
• Have it checked once by a lawyer – then you can reuse it
• Or use a contract generator like firm24.com, juridischloket.nl or model contracts via the KVK

Practical tip

Yasmin, filmmaker:
"I found it nerve-wracking to send clients a contract, but now I say: 'Let me put it on paper, so we both know where we stand.' Nobody ever thought that was strange. On the contrary."

Note: verbal = also binding

A verbal agreement is in principle legally valid. But... try proving it. Therefore: always write it down – even if it's in a clear email.

Checklist: Making clear agreements

• Who are the parties?
• What do you deliver, how much, when?
• What do you get paid – and when?
• Who owns the work?
• What happens with changes or cancellation?

A good contract provides freedom and trust – not restriction. You know where you stand, and so does your client. That makes collaboration much more enjoyable.