In the world of design, often unpleasant situations occur between the client and the designer due to changes that are not reflected in the contract or in the briefing and however, are required, with a consequent increase in unpaid work hours and changes in deadlines.
In addition, the terms of standard form Conflicting Contracts often result in legal disputes. To avoid such situations, Andy Clarke has designed an opensource document called Contract Killer, which is very successful and is now in its 3rd version.
In his page give us some simple instructions about how the contract should be, like for example:
– Be written in plain language and understandable by both parties
– A simple overview of who is hiring who, what they’re being hired to do, when and for how much
– Must be reflected what both parties agree to do, what is included and what is not.
Here you are an interview for Smashing Magazine in which deepens more about this concept, I hope you like it.
The interview was very insightful and gives a glimpse into what is wrong with contracts and many other legal forms. In my opinion, legal forms are problematic because of the fact that they adhere too closely to the legal jargon that will hold up in court. Yes, it is important to protect yourself and your assets by ensuring that any agreement you make is airtight and effectively scanned for loopholes, but it also makes for a binding document that may be almost unintelligible without some sort of professional legal assistance. When I try to hire individuals on a casual basis, I do have that formal contract for them to sign, but I also try to have a ”translated” version for them to read over. Having this easy-to-understand medium makes them more at ease and helps to clarify their position and duties, which I believe helps them to assimilate into the business faster. Hopefully over time companies will transition away from the overly technical legal language and make contracts more friendly towards the regular layman; in my opinion if this was done then the hiring process would be a good deal shorter and more efficient for both parties.