Dangers of Boilerplate Contracts

Writers often look for boilerplate contracts. Some want a document for a client; others think that having a "standard" document will help them better understand what they receive from clients, particularly publishers. I understand the motivations, but almost inevitably the results are risky because the writers don't understand the limits of what they seek.

One is that the agenda of the entity presenting the contract will affect how it is written. Any writer who has received a contract from a publisher knows this, but the same is true for documents you find on the web. For example, I remember once reading through an example magazine contract offered by a writers organization. It called for payment not on acceptance, but simple receipt of an article. Receipt? That's like asking someone to pay for a car before they get to turn the key to see if it works. Payment on receipt is completely unrealistic and even unreasonable for the publisher, yet one writer after another now thought that this was a realistic approach. Chances are that there were some contract purists who refused work because they couldn't get such ideal terms.

Another problem is that boilerplate contracts are generally so generic as to be almost unusable. They almost never cover all the areas you need to address, and you also have to wonder whether a really good lawyer is going to create such documents for free use. When I needed a collaboration contract, I did start with a boilerplate - and then proceeded to double the length with all the areas I knew I needed to cover. Only then did I go to a publisher lawyer and get help with a final draft - and the lawyer added yet additional considerations.

I've often seen writers, even very experienced ones, trying to cut corners and get away with something they found and a free review from a writer's organization. Yet the very same people would shake their heads at someone trying to sneak by with non-professional writing. The same reasons apply. If you need a custom contract, you need to invest in setting up a proper contract, which will force you to consider problems before they occur. If you can't afford to get professional help, then either you're not doing enough of the given type of work (so the cost of the contract is reasonably spread over a number of assignments), or you're working for too little. Cutting corners might work for a while - even a long time - but eventually you get burned, and it's a cost that all the money you saved will never equal.