Conflicting contracts


lunakito

New Member
Hi guys. I'm pretty new to the whole freelance illustration business.
Any advice and insight would be greatly appreciated.
I got asked to work on a editorial illustration. I sent the client my contract, and they signed and sent it back.
Along with my signed contract, they sent their contract as well.
However there are two conflicting terms between the two contracts.

  1. I asked to get paid within 30 day from submitting the final. On their contract it's 60 day.
  2. I asked to be able to show the piece on social media. Their contract prohibits this.
I'm actually ok with 60 day pay period, and I understand why they can't allow me to share it on social media.
But I'm very confused. If my contract conflicts with theirs, why did they sign it?
If I sign their contract, would it cancel out mine?

Please give me your insight on this case.
Thank you very much.
 

scotty

Moderator
Staff member
Not come across this situation before.

I'd be inclined to think what @fisicx said above.

I've leave it unless they ask for their copy signed and then point out the differences.
I'd still be chasing them after 30 days however. ;)
 

Levi

Moderator
Staff member
My view is simple, they're hiring me so they agree to my t&c's in regards to payment if they hire me. They can have whatever contract they like with their clients but I'm not their client, they're mine.

I do however have a standard non disclosure policy on all work, but clients may still like you to sign their nda's which is fine, just make sure it doesn't include anything about payment terms etc.
 

Paul Murray

Moderator
Staff member
I do however have a standard non disclosure policy on all work…
I kind of do the opposite, if clients don't want me to share work publicly via my portfolio or social media, then they have to actively request it beforehand, unless I'm working in-house as a freelancer, then it's pretty much hush hush so they can take the credit :whistle:
 

Levi

Moderator
Staff member
I kind of do the opposite, if clients don't want me to share work publicly via my portfolio or social media, then they have to actively request it beforehand, unless I'm working in-house as a freelancer, then it's pretty much hush hush so they can take the credit :whistle:
My work is usually a little more restrictive than graphic design and the work I'm doing might not be something the public can see for several months if not longer after my bit of the project is done. NDA's are a common request from my clients so I just said screw it, I'll do it automatically lol.
 

Paul Murray

Moderator
Staff member
My work is usually a little more restrictive than graphic design and the work I'm doing might not be something the public can see for several months if not longer after my bit of the project is done. NDA's are a common request from my clients so I just said screw it, I'll do it automatically lol.
Ah yeah, forgot you're mainly industrial/product design. I imagine there's a fair bit more secrecy around those types of projects.
 
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