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Form 1 (Estimate), Form 2 (Confirmation of Assignment), and Form 3 (Invoice) are closely related. In a perfect world, the client and author would discuss the assignment and the client would then receive the estimate from the author. After agreeing to the terms of the estimate, both parties would then sign the confirmation of assignment, which repeats the nearly identical terms. When the assignment has been completed, the invoice would then be given to the client. The invoice would also conform to the terms of the estimate and the confirmation of assignment.
As we know, writing is frequently sold without proper documentation. When a client calls for a rush job, the author always wants to meet the deadline and may skip the paperwork if the client informs the author there is no time to complete such. If the client has sent a letter or purchase order, the author may feel that the purchase order is sufficient documentation or may be concerned about contradicting its terms in the confirmation of assignment.
The truth is, inadequate documentation is a disservice to both the client and the author. Without a written contract, it is nearly impossible for either party to establish exactly what rights are being transferred. Obviously, the rights must be adequate for the client’s intended use of the writing, while, at the same time, preserving any future rights that the author may wish to exploit on his or her own. The nature of the writing to be done, the due date, and the fee to be paid are also critical to memorialize in writing to avoid any future issues. Likewise, the client as well as the author will want to know if there will be reimbursement for expenses, how payment will be made, what happens in the event of cancellation, and how revisions will be handled. Some of the other provisions in the estimate include authorship credit, copyright notice, releases, and arbitration.
The estimate, confirmation of assignment, and invoice exist for different reasons. If the author knew in advance that a confirmation of assignment would be signed for every job, the estimate and invoice could be far briefer. The estimate would merely describe the assignment, give a fee, and state that the assignment will be governed by a confirmation of assignment which must be signed by both parties before work commences. If there were a confirmation of assignment signed by both parties, the invoice would show an amount due and state that it was being issued in conformity with the terms of the confirmation of assignment.
Often, the author cannot be certain that a confirmation of assignment will be signed by the client or, if it is signed, when it will be signed. For that reason, and the possibility that the client may pay by a check with a restrictive legend, it is wise to have the specifications and terms on each document that the author provides to the client.
The author should resolve conflicts between his or her forms and those of the client immediately. If the estimate is given, work commences, and no other forms are exchanged until the invoice is sent, the estimate will probably be found either to be a contract or, at least, to be evidence of an oral contract. On the other hand, if the estimate conflicts with the client’s letter or purchase order, it will be very difficult to know in retrospect which terms the parties agreed to or those points where they differ. So, the author should point out and resolve such issues without delay. Or if the author has not given an estimate or confirmation of assignment, but disagrees with the terms of a letter or purchase order, reliance on the invoice to resolve these issues would not be wise. It is unlikely, for example, that an invoice alone can govern the terms of a transaction, simply because it is given to the client after the transaction has been concluded.
The estimate, like any of the forms in this book, could be simplified as either a form or a letter including only the terms which the author feels are most important. Form 1 seeks to resolve issues which frequently arise as well as to protect the author. Certainly, it is better to raise such issues at the outset of the assignment, rather than risking disagreement later. Such disagreements are far more likely to cause the loss of clients than is a frank discussion of the terms before any work has been done. Form 1 is not intended as a proposal, although it could serve that purpose; the proposal would usually be a letter or an outline describing a project. The estimate would come after the client has shown an interest in the proposal and wants to move ahead with the project.
With slight modifications in Forms 1, 2, and 3, the author may choose to develop an estimate/confirmation-of-assignment/invoice form. A box would be checked to indicate for which purpose the form is to be used and be filled in appropriately. In this book, however, the forms are separate, since each has a different purpose and is intended for use at a different time in the relationship with the client.
Because the estimate, confirmation of assignment, and invoice are closely related, the negotiation checklists are very similar. For that reason, the negotiation checklist for Form 1 covers the points which should appear in a short-form estimate and assumes that Form 2 will be signed before work commences. If Form 1 is to be used, and especially if Form 1 is likely to be the only form used, then the negotiation checklist for Form 2 must be reviewed by the author. The negotiation checklist for Form 2 should also be used to review the purchase order, letter of agreement, or contract form offered by a client.
Filling in the Form
The author should pro...
