Cultural Enterprise Office

Though easily done, taking on work with only a verbal agreement is risky. If problems crop up, you have little or no contractual backup to confirm the terms of service.  So protecting your rights with a contract is important, especially when you’re working with community projects with lots of participants, including children.

Unlike your business plan, which can be adapted as you go, you must agree the contracts and terms and conditions at the beginning of your project. 

Your written contract does not necessarily need to be complicated. In fact it should be clear and simple so that everyone involved in the work understands and agrees with the terms and conditions. 

People frequently ask us if we can provide sample contracts. But each art form has its own unique elements to consider so client-tailored contracts are a must. Of course you may be able to adapt some resources we offer for your specific situation.

All of your contracts should include a section about:

• Fees and payment terms including royalties to be provided during or after project
• Specific tasks to be completed and by what date 
• Copyright and IP rights during the project and the period stated after work is completed 
• Insurance cover including the type of cover, the provider and policy duration 
• Disclosure checks if you’re working with community groups and children

We recommend you have all your contracts or terms and conditions checked by a legal expert, preferably one that specialises in the creative industries.

What next?

Most industry trade bodies have sample contracts or legal advisers you can use too. Other helpful resources include:

• Creative Commons: Licence Your Work builder – Outlines useful information to help you create contracts.
• Artquest – Provides guidance and outlines what you’ll need to consider in your written agreements when dealing with galleries, authentication of works, confidentiality and more.
• The Artist's Contracts Toolkit – A helpful toolkit for a-n members only.
• Association of Photographers 

Disclaimer: We want to keep you in the know, so we offer a wide selection of useful resources. But Cultural Enterprise Office isn’t responsible for the advice and information of external organisations in this document. So if you have any questions, please contact the specific organisation directly.