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Running a Design Business: Freelancing

Running a Design Business: Freelancing

with Petrula Vrontikis

 


By choice or by circumstance, most designers will be freelancing one or more times during their career. In this course, Petrula Vrontikis provides an overview of the financial and creative advantages and disadvantages of being self-employed, along with methods, tools, and insights for starting out. The course helps you customize a strategy for your unique situation, from setting up accounts and tracking business expenses, to entering into contracts and invoicing for your work. The last chapter contains Petrula's advice on maintaining good business relationships and tactics for staying motivated and inspired.
Topics include:
  • What is a freelancer?
  • Tracking expenses
  • Paying taxes
  • Understanding business licenses
  • Creating contracts and invoices
  • Preparing, transferring, and storing files
  • Tracking billing and payments
  • Managing your work-life balance

show more

author
Petrula Vrontikis
subject
Business, Design, Freelancing, Design Business
level
Appropriate for all
duration
1h 23m
released
Mar 29, 2013

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Introduction
Welcome
00:04If you're working in a creative field, you will find yourself freelancing one or
00:08more times during your career, either by choice or by circumstance.
00:12It's especially common in difficult economic times when job stability is hard to find.
00:17To earn more money and stay creative and confident, you are going to need agility.
00:22You may find yourself having to adapt your working style to situations where
00:25your skills and your talents are most valued.
00:29Freelancing is an excellent opportunity to be both creative and independent.
00:34You can be both an artist and an entrepreneur.
00:37It can be an incredible experience but it's important to keep both feet on the
00:41ground when planning this phase of your career.
00:45In this course, I'll focus on being a freelancer, dispel some myths and share
00:50some realities that I have learned along the way.
00:54Finally, I will show you how to build both sustainability and resilience, how
00:59to make a short or a long term commitment to freelancing, and how to make it work for you.
01:05So let's get started with Running a Design Business:
01:08Freelancing.
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Disclaimer
00:01Okay, so here's the disclaimer:
00:03I'm a designer and a professor, not a CPA.
00:06I do however have many years of experience as an employer, creative director, and
00:11a small business owner.
00:13I teach courses in creativity and professional practice to graphic designers.
00:19The information I present in this course is not a substitute for the
00:22personalized advice you will get from an attorney or an accountant.
00:27If you have questions regarding legal or financial issues, you should seek the
00:30services of an appropriate professional.
00:33Bring the ideas and samples you take away from this course as a basis for
00:37discussion with your advisers.
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Exercise files
00:01I have included a number of great resources for this course.
00:04These documents can be found in the Exercise Files tab on the Course Details
00:09page for all Lynda.com subscribers; or if you're watching this tutorial on a
00:14DVD, the files have been included there.
00:16I will be calling them Resource Files throughout the course.
00:20These files will include guidelines, templates, and editable text files so you
00:25could copy and paste some of the key information directly into your own files.
00:30These documents will be very helpful to reference during the course.
00:33They have been created to guide the instruction when customizing the
00:36materials for your needs.
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1. What Is a Freelancer?
Definition of a freelancer
00:01A freelancer is essentially a one-person business.
00:04A person who primarily works on a particular part or phase of a larger project.
00:10They often maintain anonymity as they provide a necessary component, such as a
00:14series of spot illustrations or an extra hand in production.
00:19For the purposes of this course, I will use the term agency to mean design
00:23studios, Ad agencies and in-house design teams.
00:27Often you work through them, not directly with the client.
00:31Agencies hire freelancers as sub- contractors, and I will use the term freelancer.
00:37But freelancer is not a term the Internal Revenue Service uses.
00:40They use self-employed and independent contractor.
00:45More specifically, the IRS defines workers in one of two categories either as
00:50employees or independent contractors.
00:53These categories determine how a workers' income tax will be calculated.
00:58An employee is someone who is hired.
01:00They can be full-time which is defined as 40 hours a week or part time, less
01:05than 40 hours a week.
01:07The employer withholds the employees' federal and state income tax from each pay check.
01:13A freelancer is responsible for paying their own state and federal income tax.
01:17No taxes are withheld by the employer.
01:20In the United States, income tax laws enable freelancers to keep more of
01:25the money they earn because they can deduct business expenses from their total income.
01:30It places them in a lower tax bracket, which lowers the percentage of tax they pay.
01:36This all sounds terrific, but there is a great responsibility a freelancer takes
01:40on to keep track of these expenses;
01:43to file forms properly and to do it on schedule.
01:48For some designers, switching from creative mode to accounting mode is just not possible.
01:53Beware, if you can't balance your checkbook as an employee, you're going to have
01:57a tough time as a freelancer.
01:59You have to be an entrepreneur with a head for both design and record keeping.
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Ongoing models of freelancing
00:01I've come up with four categories of freelancing.
00:04The first two are ongoing, the second two are temporary.
00:07Each has specific economic and creative advantages and disadvantages.
00:12When you identify which category suits you best, you can proceed with your eyes
00:17open in regards to your expectations.
00:20The first type of freelancer is a moonlighter.
00:23After working all day at their real jobs, moonlighters find a way to fit in a
00:27few hours in the evening to work on other projects.
00:29There are primarily three motivations for moonlighting: earning extra income,
00:34using talents you don't use in your day job, or working on projects that have
00:38more meaning to you such as social or environmental causes.
00:42There are some drawbacks.
00:44This additional work can creep into your day job because there are things that
00:48just can't be handled after regular business hours.
00:51It may be unfair to your employer.
00:54Of all the categories of freelancers, I find that moonlighters are the least
00:57compensated for their time.
00:59They can often be too rushed to properly deal with basic estimating and
01:03invoicing because frankly they're just too tired.
01:06Moonlighting is difficult to sustain.
01:09You can find yourself stretched too thin because it's hard to give a 100% to
01:12your day job, to your freelance gig, and to your relationships, and even your own well-being.
01:18As a moonlighter you often start out with the best intentions.
01:22Make sure the benefits outweigh the drawbacks with each project.
01:25The second category of freelancers I call Solo Visionaries.
01:30
01:30They are poised to succeed in an area when the most important skill is the
01:34ability to acquire new skills.
01:37Solo visionaries take pride in calling themselves the Swiss Army knives of creativity.
01:41One advantage to this career choice is extremely flexible scheduling.
01:47Flexible doesn't mean they work less than others.
01:49It means they get to decide where those work hours go in the day or the night.
01:53Many find a nocturnal schedule more conducive to creativity and productivity.
01:59
01:59Often the challenge that solo visionaries have is to keep themselves focused and motivated.
02:04Significant time management skills are necessary because they don't have the
02:09structure provided by traditional office environments.
02:12Successful moonlighters and solo visionaries embrace instability and
02:17recalibrate as needed.
02:19Some find this process daunting, others find it exhilarating.
02:23Only you can decide if this is the right path for you.
02:27In the next movie, I will review two temporary models of freelancing.
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Temporary models of freelancing
00:01The third and fourth categories are models of temporary freelancing.
00:05You may be transitioning from one job to another and in the interim decide to
00:09pick up some extra work to keep your income stream going.
00:12Many designers use this time in between jobs to expand their portfolio or create
00:18projects that show off new skills.
00:19While you're looking for another full-time time job, be clear about your end goal
00:24with those who hire you on a freelance basis.
00:27Letting them know that you're seeking full-time work is a professional
00:30courtesy and ensures that there are no assumptions made as to your long term availability.
00:36Agencies may be extremely helpful in opening up their network to you.
00:39If they think you're a great candidate but can't hire you full-time, they can
00:43often pass your name along to colleagues that might be hiring.
00:47Many agencies hire workers as freelance to test them for available
00:51full-time positions.
00:52This is a great opportunity for both parties to make sure that it's a good fit.
00:57It's often a win-win situation.
00:59You get an opportunity to see the agencies' strengths and weaknesses and they
01:03get to see yours too.
01:05They'll expect you to work in their office and have regular work hours and
01:09responsibilities but you will be compensated as a freelancer.
01:13During the test period, your hourly rate may be less than if you were a
01:16traditional freelancer.
01:19Remember, if you're hired as a freelancer, they won't withhold taxes. That's
01:23your responsibility and I will cover that detail in the next chapter.
01:27The IRS doesn't tolerate employers hiring freelancers for extended periods of time.
01:33So a hiring decision should be made soon.
01:36A test period may not result in full-time employment.
01:39It might not be a good match, but it shouldn't be awkward for either party to say
01:43things didn't work out and still maintain good feelings overall.
01:47This experience has a potential for you to learn more about your value to the
01:51organization, about what you want from your job, and what type of situation might
01:57be better for you next time.
01:59If you know you don't want to accept a staff position, let them know
02:04respectfully before any test agreements are made.
02:07Treat them with respect and they will return the favor.
02:09Whether you're going from one job to another, or being tested for full-time
02:14employment, transitioning is a time of uncertainty.
02:17Keeping your motivations clear and well -communicated is the best advice that
02:22I can give you.
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Why agencies and clients hire freelancers
00:01Let's review the main reasons clients hire freelancers.
00:04One of the most common reasons is to provide a specialized skill that employees
00:08of the firm are unable to do, or do as well.
00:12Freelancers with specialized skills are usually able to charge a premium for
00:16what they do, as they are the experts.
00:18Another reason is to help with overflow work.
00:21In this instance, you will be doing what the agency does already.
00:25The agency may not be confident the amount of overflow work will continue long
00:29enough to support a full-time staff member.
00:33Starting out, it's tough for young designers to command high fees, but bringing
00:37in fresh ideas at bargain prices can get your foot in the door.
00:41Many times agencies hire freelancers for their unique perspective and
00:45non-traditional ideas.
00:48If you're hired to do overflow work, you could be in a great position to wow
00:52them with your skills.
00:53With proper preparation and positioning, you could pivot from just overflow work
00:58to more lucrative and creative work.
01:01Years ago, I asked a wise and respected colleague for advice about being a
01:05successful designer.
01:07I was stunned when he told me that if I return client's phone calls and emails
01:12promptly and showed up to meetings on time, that I would be better off than 90%
01:17of graphic designers out there.
01:18He also said, just do what you say you're going to do.
01:24It sounded so simplistic but it's consistently held true for over 20 years.
01:28As much as great creative skills, clients appreciate freelancers that are
01:33resourceful, organized, flexible, efficient at what they do, and are reliable.
01:39
01:40Clients expect them to be great listeners and contributors.
01:44Hiring a freelancer is more than just an extra pair of hands.
01:48Clients appreciate great skills, fresh ideas and a unique outlook.
01:54
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2. Preparation
Managing expectations
00:01Canadian designer Marian Bantjes said the best thing about being a freelancer is
00:05being able to work, or not, whenever she wants.
00:09She says she simply can't imagine having to be in a particular place or time every day.
00:14When you're considering working as a freelancer, it's important to
00:17understand what to expect.
00:19There are great things such as independence, keeping more of the money you earn,
00:23and the potential for increased job satisfaction. But there are also challenges
00:28like instability, more responsibility, and less structure.
00:32As a freelancer, when you're called upon to collaborate as part of a team, you
00:36can often follow your own creative instincts.
00:39You're there to offer your most skilled, candid, and honest take because you've
00:43been hired to do so.
00:45As an employee, your honest instincts are often quieted.
00:50A recent survey found that 90% of those choosing to freelance said they were
00:54happier than when they were working as an employee, and 55% said they wouldn't
00:58give it up to work for someone else.
01:00Those are pretty impressive numbers. Now the bad news.
01:05There are some employee benefits you won't have as a freelancer.
01:09When you want to take time off or you're not feeling well enough to work, your income stops.
01:14As an employee, Social Security taxes are deducted from each of your paychecks.
01:20Your employer is required to match your contributions.
01:24Different types of insurance are more expensive if you purchase them as an
01:28individual versus the group discounts employers receive.
01:32Purchasing affordable healthcare can be a significant deterrent to freelancing.
01:36One of the long term financial disadvantages of being a freelancer is difficulty
01:42getting credit for long and short term bank loans.
01:46Banks lend money based on the income stated to the IRS.
01:49Since most freelancers are deducting business expenses against their income,
01:54their net income looks quite low.
01:57Banks consider self-employment unstable.
02:00This can be a problem when you're looking to buy your own home.
02:04Two things you might miss as a freelancer are mentorship and collaboration.
02:08Some find freelancing not stimulating enough and thrive in an environment where
02:12they are able to learn from coworkers.
02:14Many stay motivated by a common workday schedule.
02:18On their own they get lonely and feel like they're creating in a vacuum.
02:22I want to give you a balanced view of freelancing.
02:26There are some rewarding benefits.
02:28You won't find this kind of creative freedom working in an agency.
02:32However, there is something to be said for having an office full of coworkers to
02:36collaborate with and be supported by.
02:39So ultimately you'll have to decide which environment will help you thrive.
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Required forms and quarterly payments
00:00I'm going to help you become familiar with some of the forms and regulations
00:04that are necessary for freelancing.
00:06Before an agency can pay you, they will ask you to fill out a W-9 Form where you
00:11provide your Social Security Number and your address.
00:14Unless you have a legal partnership or corporation, you'll check the box that
00:18says sole proprietorship.
00:21This form confirms that you are an independent contractor and that the agency is
00:25not required to withhold State or Federal income taxes from your payments.
00:31In January of the following year, the agency adds up the payments made to
00:35you the previous year.
00:37If you've earned more than $600, you'll receive a 1099 Form, which states the
00:42total amount paid to you by the agency.
00:45They mail it to you on the address you gave them on the W-9.
00:48So if your address changes, you must be proactive and notify the agency that
00:53paid you as a freelancer in the previous year. Because no taxes are withheld
00:58from your earnings, both the IRS and the state income tax agencies require that
01:03you file estimated payments on a quarterly basis.
01:07These are forms that you download, fill out and mail to the tax agencies.
01:12The Federal Form is called the 1040ES.
01:14You must also make a quarterly payment to the state in which you live.
01:19Each state has its own name for the form.
01:22In California, it's called a 540-ES.
01:26The forms indicate when they are due and where they are to be mailed.
01:31When you're starting out, it gets confusing as to how much payment will be necessary.
01:36I have a simple rule of thumb that seems to work well for beginning freelancers.
01:40My suggestion is that for every $100 you earn in the previous quarter, you pay
01:45the IRS $15 or 15%, and the State $3 or 3%.
01:50This is a simple calculation that you can use for the first few years of
01:56your freelance business.
01:57After that you'll get a better sense of what you're earning and deducting so
02:01you'll be able to be more accurate in estimating your payments.
02:05Gather all of your 1099 forms to prepare your annual return.
02:09If you're only freelancing temporarily, you could use a simple tax preparation
02:14program like TurboTax to calculate what you owe.
02:17But if you plan to freelance on an ongoing basis, get an accountant.
02:21I have tips for finding a good one in the next movie.
02:25You'll file a Schedule C Profit or Loss from Business to recap your business
02:29expenses, which are deducted from your yearly income and then your tax
02:33liability is determined.
02:36Depending on whether you underestimated or overestimated your quarterly
02:39payments, you will owe money or receive a refund.
02:44In addition, TurboTax or your accountant will calculate what you owe for
02:48Social Security self-employment tax and any other special forms, say for
02:52depreciation or amortization.
02:55The IRS pays close attention to independent contractors.
02:59You don't want to get into trouble with any tax agency.
03:02If you receive an audit, you call attention to yourself and you've signed up for
03:06scrutiny for many years to come.
03:09We've reviewed a lot of tax form names and calculations and your eyes might be
03:13crossing now but the most important thing to understand is that freelancers must
03:17make their quarterly payments.
03:19It's not an option.
03:21I cannot stress this enough.
03:22Smart freelancers make it a habit of putting the quarterly payment money aside
03:26in a separate account every time they make a deposit from a payment received by
03:31an agency, just to make sure it's there when they need it.
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Finding an accountant and a bookkeeper
00:00My accountant once said that designers never have to cheat on their taxes.
00:04Tax laws enable us to deduct so many legitimate business expenses that
00:09there's no reason to cheat.
00:11My advice is that you find a good accountant, keep good records, and establish
00:15streamlined bookkeeping systems that require the minimum amount of your time.
00:20Get this business stuff out of the way so you can do what you love to do; design.
00:25The best way to find an accountant is to ask your respected colleagues
00:29for recommendations.
00:31When I've done this, I have found that my colleagues say things like, I love my accountant.
00:35This is a good sign.
00:37You want to look for someone who has experience with designers, artists,
00:41architects, or other people in the creative service fields.
00:45This ensures that they are aware of the specific laws that pertain to our situation.
00:51I don't recommend using an accountant from a generic tax preparation franchise.
00:56If you're freelancing long term, it's more than just preparing and filing once a year.
01:01You're trying to establish a long term relationship with a professional that
01:05will be advising you on personal financial matters.
01:10There is light ongoing bookkeeping that needs to be done;
01:13this includes sending invoices, posting payments and deposits in your checking
01:17account, paying bills, reconciling bank statements, keeping schedules for tax
01:23
01:23payments, sending out past-due notices when necessary, posting your expenses,
01:29creating reports, and just keeping up with the business part of your business.
01:34Many freelancers do this themselves, but some pay others for the service.
01:38If you find that you're getting behind on these tasks, then you know your time
01:42is better spent designing versus bookkeeping.
01:45Earn a few extra dollars and pay someone to do it for you once a month.
01:48The other important thing is that it gets done, and it doesn't end up causing
01:53panic and undue stress in the future.
01:56It's also important that you use somebody you trust.
01:59They'll often have access to your personal accounts, possibly some passwords,
02:03and a lot of information that's private.
02:06If you stay small, you can do this yourself.
02:09Part of a growing business is that you find the right people to support your
02:13expanding creative endeavor.
02:15Trying to do all the bookkeeping yourself as your business is starting to grow
02:18might not be the best use of your time.
02:22I love my accountant and I don't know what I do without my office manager.
02:26Again, you're establishing long term relationships with good people.
02:30So choose wisely.
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Tracking business expenses
00:01The most logical way to track your expenses is to make sure that you keep your
00:04personal expenses and business expenses separate.
00:08My suggestion is that you have separate checking accounts and separate credit cards.
00:12This will help you easily track, categorize, and recap your business expenses.
00:17Here's a list of allowable business deductions that designers often use.
00:21Tax laws occasionally change, but your accountant will know if there are any
00:26clarifications or exceptions to this list.
00:28Often, your car will be used for both personal and business.
00:32Keep mileage records, so you know what percentage is deductible for business.
00:37The IRS requires written records.
00:39Deduction percentages for meals, gifts, and entertainment categories often have
00:44limitations, and these frequently change.
00:47Talk with your accountant about the current laws.
00:50If your office is in your home, the IRS requires that you create a floor plan
00:55indicating the living space versus the office space.
00:59You can use it to calculate the percentage of your home that is used as an office.
01:03As backup documentation, take photographs of the space.
01:07Let's say you live in a 900 square foot apartment, and pay $1500 a month for it.
01:12Your floor plan indicates that one- third of your space is used as an office.
01:17When you pay your landlord each month, pay $1000 from your personal checking
01:21account, and $500 from your business account.
01:25You would use this two-third and one- third calculation when paying utilities and
01:29any other business expenses that are shared.
01:33If there are any inquiries by the IRS, they require receipts to determine the
01:37validity of your deductions.
01:40In addition to printed credit card and checking account statements, you should
01:43keep original paper register receipts for everything that you plan to deduct.
01:48You can deduct payments you make to your own subcontractors.
01:51You'll need to get the Employer Identification Number or EIN and follow the same
01:56W-9 and 1099 filings as explained earlier in this chapter.
02:01Remember, when you start hiring other people, it's absolutely imperative
02:05that you consult with an accountant so you know what your tax and filing obligations are.
02:11Being able to deduct business expenses from your total income can really
02:15save you a lot of money.
02:16The tradeoff is that you have to keep track of them properly.
02:20Inquiries and audits are expensive even if you don't end up owing more money.
02:24Establishing good tracking and categorizing systems at the beginning is great
02:29so you're able to find things when you need to.
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Subcontractor versus employee
00:01As a subcontractor, clients and agencies will pay you without withholding any taxes.
00:06You are responsible for paying your own.
00:08Without a clear understanding of this, it's easy to get into trouble with the
00:12Internal Revenue Service and your State Income Tax Board.
00:15It has been common for companies to deliberately misclassify workers as
00:20freelancers rather than employees in order to avoid paying matching Social
00:24Security and other withholdings.
00:26They also avoid the responsibility of paying any employee benefits.
00:31The IRS pays close attention to determine whether a freelancer should have
00:35been put on the payroll.
00:36They look at 20 factors relating to the relationship between the parties.
00:42I'll review five of the key ones and tell you how they apply to a
00:45freelance designer.
00:47The IRS wants to know that you're not tied to the agencies work hours, that you
00:52set your own schedule, and work independently.
00:56The IRS gets suspicious when a freelancer is continuing to work for an agency
00:59over a long period of time, especially when the location is the agency's office.
01:05The IRS believes that the freelancer should be able to decide where, when, and
01:09how the work is performed.
01:13If you have say more than 85% of your income in one year from only one source,
01:18the IRS may conclude that you're their employee.
01:21A true freelancer works with multiple agencies or clients.
01:26
01:27Finally, the IRS wants to know that you're truly independent, that you have
01:31your own computer, and other tools you need and that you don't rely on the
01:36agency for equipment.
01:38If any one of these 20 factors is not true, the IRS says you're an employee, not a freelancer.
01:44So now who gets into trouble? It's the agency.
01:48The IRS will hold the agency responsible and require specific taxes and
01:53payments including penalties and interest.
01:55It's a bit of a dilemma because staying a subcontractor is financially
02:00advantageous to both parties.
02:02It's not really your responsibility to resolve it, but it is important that
02:07you're aware of the laws and why they exist.
02:09Again, the point is to do things the way you're supposed to do to avoid
02:13any level of scrutiny.
02:15That's my advice.
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Understanding business licenses
00:00If you commit to freelancing, you're running a small business and are likely to
00:04need a few licenses. They are a City Business license, a Seller's Permit, also
00:10known as a Resale Certificate, and a DBA.
00:13Let's talk about a City Business License.
00:16In Los Angeles, my small design office is required to get three different
00:20licenses as part of this process.
00:22They're separate because each is taxed at a different rate.
00:26One is called Wholesale Sales, which means that my work is being resold to other
00:31design firms and agencies.
00:32The other is called Retail Sales where I work directly with clients and sell
00:37them tangible property.
00:39The last one is called Professional Services, which covers my work being
00:43performed directly with clients where there's no tangible property transferred.
00:48You'll need to investigate what business licenses your city requires.
00:53The next license you may need is a Sellers Permit, or Resale Certificate.
00:57This is only necessary if you're selling tangible property.
01:02A resale certificate enables you to purchase materials tax-free that end up
01:07part of what you sell.
01:08For example, if you design a line of silkscreen t-shirts, you can purchase the
01:13blank t-shirts without paying sales tax on them, because it will be paid by your
01:17customer when you sell them.
01:20You must go to your local sales tax office, explain what you do, and find out if
01:24anything that you sell is taxable.
01:27In California, this tax agency is called The State Board of Equalization.
01:32Take the opportunity to have them review the require forms with you to make
01:36sure that you know how to charge sales tax and how to file quarterly or yearly returns.
01:42The transfer of tangible property requires that your customer pays sales tax
01:47unless you're shipping it out of state, or out of the country, in which case it
01:51might be subject to use tax.
01:53This can get confusing.
01:54So again, consult with your Sales Tax Board.
01:57There may be one more form you need.
01:59It's called the DBA; Doing Business As.
02:02And it's sometimes referred to as a fictitious name statement.
02:06A DBA is the official, legal recognition of your business name.
02:10It's required if payments are made to a name other than your legal name.
02:14For example, if your legal name is Jane Doe, you can deposit payments made
02:19directly to you in your checking account.
02:22But, if you decide to call yourself Doe Design Associates and a client writes
02:26the check to that name, you can't deposit that check in your account.
02:30Banks require a DBA to open an account that's not in your personal name.
02:35It's often a four-week process to get a DBA, and costs around $100.
02:40Search online for details on how to file in your area.
02:44Note that it's a ridiculously antiquated system that requires that your company
02:48name be printed in a newspaper.
02:51Yes, a newspaper, for four consecutive weeks.
02:54This process is meant to show proof that the public has been informed of your new business.
03:00After that time, you'll receive a form from the county clerk to take to your
03:05bank to open a business account.
03:07Filing for a DBA is not the same as registering your name.
03:11Searching and registering are separate from this process.
03:15Legally registering your name will prevent others from using it and ensure that
03:19you're not using someone else's.
03:21It's possible to do this yourself, but I recommend hiring an attorney to handle
03:25it because the requirements differ locally, nationally, and internationally.
03:30
03:31To recap, if you plan to do ongoing freelance work, you'll need a city business license.
03:36If you plan to sell something tangible, you need a resale certificate.
03:40And if you plan to do business using a name other than your legal name,
03:44you'll need the DBA.
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3. Agreements and Contracts
General principles
00:00Go get a strong cup of coffee as we plow through some really dry but important
00:04legal documents in this chapter.
00:07I wish we could just call them communication tools because that's really what they are.
00:12They define who is responsible for what, what's being delivered, and what
00:16it's going to cost.
00:17And also, what the ramifications are if things change.
00:20They are agreements that both parties discussed, sometimes negotiate, but mostly they
00:25solidify your business approach.
00:28It signals that you value the work that you produce and that what you do is not a hobby.
00:32Good business helps you earn respect and build trust.
00:37Everyone wants the project to go smoothly without any misunderstanding or conflict.
00:42The beginning of a project is the best time to be having these discussions, not
00:46after something has gone wrong where fingers are being pointed as to whose fault
00:50it is, and who is going to pay for it.
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Signing nondisclosure agreements (NDA) and work-for-hire agreements
00:00In this movie, I'll cover two agreements;
00:03an NDA and a Work for Hire.
00:05Whether working directly with the client or through an agency, a freelancer may
00:09be asked to sign one or both.
00:11It's also possible that a client or agency won't require either.
00:14Let's start with an NDA;
00:16a Non-Disclosure Agreement.
00:19It's common that an agency will ask you to sign an NDA.
00:23Often, it means that their client has asked them to sign an NDA and that
00:26everyone working on the project understands that the work is confidential.
00:30NDAs are written by attorneys, so that language is dense and confusing.
00:34I'll explain the basic gist of an NDA.
00:37The document states the date and place of the agreement along with the
00:41party's legal names.
00:42It ensures that the project is confidential and restricts any disclosure about
00:48any part of the project for a particular amount of time.
00:51Sounds simple, right? Yes and no.
00:55The first NDA that I ever received was years ago when my studio did a large
00:59project for a global cell phone company.
01:02The document was confusing, and I wasn't clear about it.
01:05I didn't know what was expected of me.
01:08I understood the need for confidentiality, but I wasn't sure what actions I needed to take.
01:13So, I asked those who hired me to explain what I needed to do.
01:17The last thing I wanted to have happen was for me to do something, a mistake, or
01:21cause confusion or some liability issues down the road.
01:25They told me that the working drawings or test prints made during the design
01:28process had to be shredded before any were thrown away.
01:32After the project was delivered, I had to remove all the digital files from
01:36my back-up systems.
01:38Email correspondence was restricted because we didn't have a firewall.
01:42Anyone around the office, even the janitor had to sign the NDA.
01:46It didn't matter whether they were working on the project or not.
01:49If they saw it, they needed to know what their responsibilities were to
01:53keep quiet about it.
01:54I couldn't show any of the processed designs in my website or my portfolio.
01:59The only thing that I could show was what the company had produced, and
02:02introduced into the market.
02:04To get some sense of the scope, we supplied over 80 designs of which only 6 were produced.
02:09I would never have known what specific actions I needed to take if I hadn't
02:14asked for this clarification.
02:15So, you can see, NDAs protect the confidentiality of completed or unused design
02:21projects, and can vary from less restrictive to very restrictive.
02:26They are legally binding, so make sure to read them thoroughly, and get
02:30clarification on any confusing bits before you sign anything.
02:35You may be asked to sign a Work for Hire agreement.
02:38It states that you will not own any of the work reproduced, even work that wasn't used.
02:43Work for Hire agreements mean that for whatever fee, you retain no copyright to
02:47the work you have done.
02:48If you are an employee or a freelancer, the law states that by default, you're
02:53working in a Work for Hire agreement.
02:56This ensures that when an agency sells your work to a client that it's theirs to sell.
03:01If you're working directly with the client, your agreement can be different.
03:04I will cover that when we talk about the standard conditions of agreement in a later chapter.
03:11Work for Hire agreements are very restrictive and should not be entered into lightly.
03:16As a freelance designer, you need to be aware of who owns your work and when
03:20copyright transfers.
03:23It's common that copyright transfers from the designer to the client or agency
03:27when the designer is paid.
03:29Photographers and illustrators have contracts that sell limited rights to these
03:33images, as opposed to the image itself.
03:36If you are acting as a designer and a photographer or illustrator, you should
03:41have two separate agreements
03:43stipulating what the agency owns or does not own, at what point, and for how long.
03:48My final recommendation is that if you're in any way confused about a document
03:54given to you to sign, ask the agency or client to go through it with you point
03:58by point, just to make sure you're absolutely clear what you're agreeing to.
04:02Under no circumstances should you sign a document if you're not clear about what
04:06specific actions you need to take.
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Contracts with agencies
00:00Freelance contracts differ when they are with an agency versus when they are
00:05directly with a client.
00:06The most common freelance contracts with an agency are verbal agreements.
00:11An hourly or daily rate is agreed upon, a timeframe is established, the total
00:16numbers of hours are estimated or a flat fee is proposed, and specific
00:21deliverables are discussed.
00:23It's also important to commit to your availability during this time for input and review.
00:28If you promise to be available to work, keep your promise.
00:33If an agency books you for full days or full weeks, they expect you to be
00:37available and have your undivided attention.
00:41Make sure to tell them right away if this is not the case.
00:44It's also a great time to talk about the preferred method of correspondence and
00:48how much interaction will be necessary for the completion of the project.
00:53If you're working hourly, then ask them how much time they think the
00:56whole project might take.
00:58Keep them informed if you're using more time than discussed.
01:01If it's your first time working with this particular agency, it's a good thing
01:05to ask what their payment schedule is.
01:08The average time it takes an agency to pay a freelancer ranges from two weeks to 30 days.
01:13I've heard that some agencies tell freelancers that they won't be paid until
01:16the client pays them.
01:17I don't agree with this practice.
01:20The important thing is that you know what to expect before agreeing to work on the project.
01:26If you're concerned about having only a verbal agreement, it might be a good
01:29idea to send a confirming email to the person hiring you about what was agreed upon.
01:35In the next movie, I'll be reviewing contracts that freelancers have
01:39directly with clients.
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Contracts with clients
00:00We've covered what's needed if you're working with an agency, but if your
00:04contract is directly with the client, it needs to have much more detail.
00:08I supplied a contract template in the resource files for you to reference.
00:13Generally, this contract has six distinct sections.
00:16You'll find the language I use is not legal, there's just clear objective
00:19phrases and common terms.
00:22The first section states the basic information including the contract date, the
00:26names of the companies entering into the contract, and the name of the project.
00:30The client information should appear in standard business format.
00:35The scope of the work needs to be defined in terms of its size, production,
00:40deliverables, and number of components.
00:42Is it something completely new or does it need to adhere to existing materials?
00:48Where's the text and imagery coming from?
00:50How many ideas will be produced for review?
00:53How many refinement phases will there be in terms of the design?
00:57And finally, what will be delivered?
01:00An estimate of fees will be provided in task category such as design, meetings,
01:05production, programming, then a total amount is determined.
01:09An area called Notes clarifies stipulations unique to that project such as what
01:16
01:16happens when the scope of the project is larger or smaller.
01:21And what are the costs associated with that change?
01:24Also, it should contain some details about what is and is not covered in the
01:28revision phases of the project.
01:30Clarification is needed as to what the designer is not providing such as
01:34printing, proofreading, or programming, or image retouching.
01:39If additional work is needed, an hourly rate can be given for each of
01:42those specified tasks.
01:44A payment schedule should be established and common schedules are in thirds or halves.
01:50The last but most important area is a place where each party signs and dates the
01:54document acknowledging the agreement.
01:57If you're working as a freelancer directly with the client, it would be foolish
02:00for you to begin work without a signed contract.
02:04It may take the client a week or so to give you the initial payment, so it's
02:07common to start a project before you receive any money.
02:10But never ever begin without a signature.
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Using standard conditions of agreement
00:00Refill that cup of coffee.
00:02I'm now going to review Standard Conditions of Agreement or terms and
00:06conditions document.
00:08It should be called a dozen ways to keep things from going wrong.
00:12It's really a great tool for communication.
00:15If you and your client understand this agreement, it's rare that there will be a
00:18dispute or misunderstanding, really.
00:21This agreement is necessary if you're working directly with the client.
00:25Think of it as a business relationship pre-nup.
00:28We don't think anything is going to go wrong, but just in case it does, everyone
00:32is clear as to what's going to happen.
00:34It's signed only once and doesn't need to be sent with subsequent contracts
00:39unless your client contact person at that company changes.
00:43These agreements are easy to review and agree upon at the beginning of a
00:47business relationship, when feelings are great and everybody is excited to work together.
00:52Use them to stay out of trouble.
00:55You must understand this document if you give it to your client.
00:59Often I go through it point by point with a new client just so there's no
01:02confusion, everyone knows what's expected.
01:05I've included a template of this type of document in the resource files.
01:10I'll briefly explain it, point by point. Here we go.
01:15The first statement enables a freelancer to charge 10% more even if the project
01:19scope doesn't change.
01:21It establishes a freelancer's responsibility to notify the client if there are
01:25revisions and gives hourly rates for different types of tasks.
01:31Statement two deals with outside costs.
01:34If outside costs are paid by you, there will be a handling fee.
01:38A typical handling fee is 15% and should be included in the contract amount.
01:44In other words, if you plan to use a thousand dollars worth of stock photography,
01:48the amount that appears in your estimate should be $1,150.
01:54Statement three notifies the client that if tangible property is transferred
01:58within the state, the client will be responsible for paying sales tax.
02:03They pay it to you and you pay it to the state.
02:07The fourth statement is extremely important to include as it clarifies that a
02:11client only owns the design that he or she selects.
02:15The others are yours to reuse, adapt, and resell as you wish.
02:21The fifth statement lets the client know that you're taking responsibility for
02:24proper back up of files for a specific period of time and that those files are
02:30created in systems that may be different than those they use.
02:35If you want to charge a client to retrieve a project from a back-up anytime in
02:38the future, this is the area where those fees should appear.
02:43Statement six helps clients understand that they don't own rights to any work
02:47until the final payment has been made.
02:49They are in copyright violation if they use or publish the work without
02:53making the final payment.
02:56Statement seven is a courtesy reminder that even though the design copyright
03:00transfers, there may be other components of the project that have different
03:04rights to agreements such as illustration or photography.
03:08Statement eight clarifies to the client the importance of proofreading.
03:12If projects are published with spelling or grammar errors and there is a
03:16cost involved to correct them, it will be paid by the client, even if it's
03:20the freelancer's fault.
03:22Statement nine allows the freelancer to bill for work completed when the project
03:26is placed on hold for more than 30 days.
03:29Statement 10 deals with your self- promotion. Because the copyright is
03:34transferred to the client upon final payment you need to ask for permission to use it.
03:39Without this permission, you're in copyright violation if it's used in your
03:43digital or in a physical portfolio.
03:47Statement 11 ensures that you'll be paid for the work completed up-to-date and
03:52retain copyright if a project is canceled.
03:56If a serious dispute arises, statement 12 secures the least expensive way to resolve it.
04:02Stating that the location of the arbitration be in the city where you do
04:06business ensures that you won't incur travel costs.
04:11Your client needs to sign and date this document.
04:15A more thorough version of the terms and conditions agreement exists on the aiga.org site.
04:20It's called the Short Agreement and covers a wider scope of work.
04:25It's actually a lot longer than this one but the work you may be doing might not
04:29be covered by this simple one that I've just presented.
04:33I recommend you take a look.
04:35The most important part of this agreement is both parties understand it and that
04:39your client needs to sign and date it.
04:41You'll be irresponsible as a business person otherwise, seriously.
04:47Get this stuff out of the way so you can start designing.
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Coping with revisions and change orders
00:00One of the best reasons to have a signed contract and a Terms and Conditions
00:04Agreement is that they clarify what will happen when there are revisions -- and
00:09there will be revisions.
00:11Revisions and what they cost are where designers and clients have the most
00:14disagreements, and often the confusion is purely about lack of timely
00:18communication on the designers' part.
00:21Statement number one in the terms and conditions agreement, as reviewed in the
00:25previous movie, declares your hourly rates and that you'll get authorization
00:29before performing any additional work.
00:33The areas of the contract that are most critical in regards to revisions are
00:36those that indicate what will happen when a project expands.
00:39This is commonly referred to as Scope Creep.
00:43As a freelancer you need to be aware of when you're being asked to do something
00:47that is beyond the scope and never make assumptions that it would be okay to do
00:51the work and just bill for it in the future.
00:54The assumption that clients make is that if the designer didn't say anything, the
00:58additional work is free.
01:01This sets a bad precedent;
01:03it tells the client that you're either confused, you don't value your time or
01:07that you don't have boundaries.
01:09There's a common quote that applies in this case.
01:12If you give them an inch they'll take a mile.
01:15I suggest that you make the assumption that you will not get paid for any work
01:19you do beyond the scope unless you've received prior approval.
01:23Okay, so that sounds harsh.
01:26But I see this issue injuring business relationships more than any other.
01:30I think the problem here is that designers get very emotional and uncomfortable
01:35about what should be a very objective business transaction.
01:38All you're really doing is reminding the client of what was agreed to in the contract.
01:44You can stay out of trouble by simply drafting a quick email stating that
01:47something requested was not included in your original fee.
01:51It's referred to in the industry as a Change Order, which means it is an
01:55amendment to the existing contract.
01:58You can give a quick estimate as to what you think it will cost and maybe some
02:03options for solutions that client may not have thought about.
02:05Ask them to let you know how to proceed.
02:08Keep an email record of verbal and written approvals for additional work.
02:13You will need to communicate clearly and often, especially when the project scope changes.
02:18A little diligence and clarity on your part will head off a mountain of
02:22billing headaches later on.
02:24Your clients will appreciate your directness and you'll avoid any awkward
02:28he-said-she-said situations when it comes to your invoices.
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4. Professional Practice
Finding and keeping good clients
00:00A recent freelance industry report says that 30% of work comes from referrals
00:05and word of mouth, and less than 3% from social media.
00:09It's an important statistic to consider where to burn your calories to pursue more work.
00:14Recently, I tracked my business where it has come from over the last years.
00:19I created a client family tree.
00:21More than 75% of my work over the last 20 years has come from an ongoing
00:26relationship with one smart, well-connected marketing director.
00:31
00:31She takes us with her when she makes career moves and we often retain work from
00:36organization she's moved on from.
00:39She's referred us to colleagues in various industries.
00:43I've been very, very lucky but there are some things that I've paid close
00:46attention to that maybe other designers might not have.
00:50In the beginning of a relationship, whether personal or business, we often get
00:54clues as to exactly how it's going to go.
00:57It sounds a little crazy but within the first 20 minutes of an initial meeting
01:01with a new client, your intuition will tell you exactly what you need to know.
01:04For example, if an agency is disorganized, rushed, and indecisive, you can be
01:10assured that the project will be run that way too.
01:13If a client appreciates what you do, treats you with respect, and
01:16communicates with you in a calm, clears and inspirational way, they're
01:20probably going to be great to work with.
01:22So take off your emotional hat and put on one of objectivity and observation.
01:27Do you trust this person?
01:30Does what they do really interest you?
01:32Do you respect them?
01:34Are they hiring you for the reason you want to be hired?
01:37The bottom line is, doing good work for smart, well-connected clients is the best
01:43business development strategy for a freelancer.
01:47Staying away from task-oriented, anonymous, online projects will ensure the
01:51potential for more ongoing meaningful business relationships.
01:56
01:57The goal is to have clients describe you to others as a pleasure to work with.
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Getting a great start when working directly with the client
00:00When working directly with clients, the best way to ensure that the project will
00:04go smoothly and that everyone will be happy is to get a great start.
00:08Here are a couple of strategies that have helped me over the years.
00:12A thorough kickoff meeting is crucial;
00:14it's truly the barometer for how the entire project will go.
00:18In this first meeting you can make a reasonable assessment of their needs,
00:22their budget, and their ability to make decisions, along with their collaborative skills.
00:26In the Resource Files, there's a sheet entitled Questions to Ask at a Kickoff Meeting.
00:33Use it to make sure you're getting the best start.
00:35This personal interaction gives you valuable clues as to the political dynamic
00:40that will come into play as the project progresses.
00:44Discuss at length to reach a consensus on the most important messages that the
00:48design must communicate, and make sure all the stakeholders agree on them.
00:51These will become the criteria upon which the design ideas will be judged.
00:57Everyone should be in agreement on who the target market is and what the project goals are.
01:03If your initial design phase falls short or fails, it's usually because there were
01:08some confusion about the criteria you were working with.
01:10For more complex projects, this meeting should be followed up with a
01:15project brief that outlines what was discussed and agreed upon and how you plan to proceed.
01:21It has an inventory of assets such as text and imagery.
01:25It may also include schedules for approval and details on the
01:28specific deliverables.
01:30This brief is given to the client to review and comment.
01:34Insist on the decision maker's involvement in critical phases, primarily at
01:39the kickoff meeting.
01:40One of the most confusing situations designers find themselves in is when the
01:45people giving them feedback are just second-guessing the one who's really
01:48making the decisions.
01:51The closer the designer is to the visionary, leader, or decision maker the more
01:54efficient and effective the work can be.
01:57The more points of separation from the visionary to the designer, the less
02:01likely the levels of creativity and efficiency are at 100%. Subtract 20% for
02:07each person in between.
02:09I call this the 80% Rule.
02:11So, having terrific kickoff meetings to establish consensus and playing to the
02:18decision-maker can help minimize the politics and communication breakdowns
02:22that sometimes occur.
02:24It increases your value to the process and provides you an opportunity to prove
02:28how crucial you are, both to the team and to the company.
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Protocol for correspondence and meetings
00:00Today's demand for efficiency keeps us away from in-person meetings and
00:04telephone conversations.
00:06Even though email business communication is the new normal for designers, there
00:10are drawbacks that strictly virtual correspondence can create.
00:15Meeting with someone in-person creates a significant investment in the relationship.
00:19I find that clients have a clearer idea of the value that I bring to a project
00:24when we discuss it face to face.
00:25They gain an appreciation from my thinking and my listening skills.
00:30I find that when I take the time to have an in-person meeting, the design
00:34approvals and next steps go much smoother.
00:37In contrast, I find that virtual correspondence is about efficiency and information.
00:42It creates anonymity and puts the designer in a vulnerable place.
00:47It makes very easy for either the designer or the client to be less
00:51accountable to the project.
00:53With abbreviated input and reactions, what we do becomes more task-oriented than
00:59strategically effective.
01:00Bidding on projects strictly through email will give you very few results.
01:06
01:06The only thing that client is using to judge the best designer is price and a
01:10few visual references.
01:11It's a very ineffective way to begin a business relationship.
01:15If you have any opportunity to sit down with the client and show him or her a
01:19few projects, explain the way you work, and hear their stories, you'll have a
01:23much better chance of being chosen to work with them.
01:26It gives you an opportunity to ask about the experiences with the designers that
01:31they have worked with in the past and what they value, and how this project fits
01:36into their larger goals.
01:38You'll become viewed more as a collaborator and less as a vendor or supplier.
01:43Probably the biggest mistake a designer can make is presenting various design
01:47options in a PDF and sending it to a client by email.
01:51You have no control over them.
01:54They're often sent around by email without any explanation of the goals, the
01:58process, or the criteria.
02:00It becomes an exercise in subjectivity.
02:03Designers lose the ability to guide discussions in an objective
02:07and authoritative way.
02:09Controlling the way you correspond with your client says a lot about
02:12your professionalism.
02:13They will mirror the boundaries, or lack of boundaries that you set up.
02:18I suggest sending emails only during normal business hours.
02:22I don't want my clients to believe that I'm available to them 24 hours a day 7 days a week.
02:28If you care about your work and care about its effectiveness to the client, you
02:32should do whatever you can to have in- person meetings with everyone that's
02:36involved in the decision-making process.
02:38By establishing yourself as someone who can go above and beyond the digital
02:42curtain, you'll place yourself well ahead of other freelancers that can't unplug
02:47long enough to really connect with their clients.
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Challenges freelancers face with agencies
00:00There are three common problems freelancers experience when working with
00:03agencies as opposed to working directly with clients.
00:08It's aggravating when an agency asked for your availability and then doesn't
00:11commit to the time you've kept open.
00:14It's often a hurry-up and wait scenario.
00:15Try to be accommodating but not at your expense.
00:19Of course, the circumstances of each situation will be different, but it's
00:23usually a matter of keeping the communication clear.
00:27If another offer comes up, check with the original agency to see if they can
00:30make up their minds.
00:31It's a courtesy to let them know that you've had to move on to another project.
00:36Often times, agencies hire freelancers because they're so busy they can't
00:40even think straight.
00:41They get you working on a project without giving you crucial details that will
00:45help you focus on your efforts.
00:46They just don't have the time to properly convey the information or
00:50provide supervision.
00:51As a freelancer, you'll gain more experience to know whether you actually have
00:55enough information to effectively begin.
00:57It sounds a little dramatic but you need to protect yourself in these situations
01:02because you can get scapegoated if your work did not meet their expectations.
01:07In the resource file, there's a sheet entitled, Questions to Ask at a Kickoff Meeting.
01:12I suggest using these questions to make sure you're getting the best start.
01:16As appealing as it seems, designing without any supervision or direction
01:20will often lead a freelancer down the wrong path, especially if you're new to freelancing.
01:26If you're working offsite, I suggest scheduling a few times to check in with the
01:30person who hired you.
01:31Send sketches or work in a progress file to see if you're on track, and invite
01:36additional input just so they can see where you're headed.
01:39Freelancers are often hired for just one part of a project.
01:43Their work is very vulnerable to change in interpretation because they are
01:46rarely being asked to follow through to completion.
01:49Often freelancers are used in the design process to generate a variety of new ideas.
01:54Others not familiar with previous phases handle the refinement, the production,
01:58and the implementation.
02:00Unfortunately, it's the design version of the dreaded telephone game.
02:04Inexperienced freelancers can get very frustrated about this and think they can
02:08show their version of the project on their portfolio or on their website.
02:14This is bad business practice.
02:16It's insulting to the agency and will be an unwelcome surprise to the client.
02:20It could also violate your NDA or work for hire agreement.
02:23I'm not telling you this to discourage you.
02:26I'm informing you of common issues so you don't take it personally.
02:31You'll learn as time goes on what actions you can take to ensure that you have
02:35the information that you need to do the best work that you can.
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Challenges agencies face with freelancers
00:00It's a risk for agencies to hire freelancers, especially for the first time.
00:05Here's what agencies complain about when they're frustrated with freelancers.
00:10If you've agreed to work for an agency at their office for full days or full
00:14weeks, the expectation is that you're focusing on the agency's work during the
00:18time they have booked.
00:20If you have other obligations, tell them when they ask you your availability.
00:25If you tell them last minute, it feels like you've thrown them an unexpected
00:28problem that they now need to solve.
00:31Keep your business out of other's business and your personal life out of the office.
00:35This includes checking Facebook, Twitter, sending emails and text messages while
00:40you're on the clock.
00:41When pulling together designs in a great pressure, sometimes freelancers use
00:45example imagery or reference material that they found online or in publications
00:50just to illustrate their intention.
00:52Who owns the rights is unclear.
00:54Make sure if you've used placeholder images that you communicate that to the
00:58agency well before the deadline.
01:01Make sure you've made note of where you have found it in case anything needs to be clarified.
01:06The difficulty is that sometimes clients fall in love with these images and
01:11you're in a bind because you've proposed something that you now have to talk them out of.
01:16And don't show a placeholder image that your client can't afford, it ends up
01:20making you look irresponsible.
01:23Organize your file so others can logically use them.
01:26You may be expected to give the agency the source files you have worked on along
01:30with the fonts and pictures needed.
01:33Text editing is often necessary, so avoid outlining fonts and making uneditable PDFs.
01:39Follow the agency's protocol for naming and saving files so that others can
01:44understand how to access them without any confusion.
01:48Because times have changed, there is an assumption that professional
01:51protocol changed too. This isn't true.
01:54The people who hired you will expect that you will adapt to their preferred
01:58business communication method.
02:00The outgoing message on your voicemail should be a professional one.
02:04Include your name and that you will return their call promptly.
02:08And when you return their call, leave a detailed message including your phone number.
02:12You may be calling a phone that doesn't have caller ID.
02:16I suggest that you mirror their method of correspondence.
02:20Phone calls require a return phone call.
02:23Emails should be replied to by email.
02:26Never use texting unless there's been a conversation that it's an okay method of communication.
02:31And definitely make sure that the email address that you use for business is
02:35something that sounds professional as opposed to crazysaltygirl@yahoo.com.
02:41
02:41Even though you may not be keeping normal work hours, there's an expectation
02:47that you will respond promptly, say within a couple of hours, to inquiries
02:52received Monday through Friday from 9:00 a.m. to 6:00 p.m.
02:56The main complaint I hear about working with freelancers is that they just
03:00disappear at critical times.
03:03Don't be that guy.
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Taking credit for work with agencies
00:00As a freelancer, taking full credit for something in which you only played a
00:04small role causes problems.
00:07Presenting a project you've done through an agency by including a copy of it in
00:12a physical portfolio is probably okay.
00:14But when you show it, it needs to be clear that you are working for someone
00:18else, and what specific role you played.
00:21Taking credit for having the client as your own isn't appropriate.
00:25A direct relationship maybe assumed if their work or their name appears on
00:30your website or resume.
00:32Claiming design work inappropriately is not just an ethical issue, but it's
00:35a legal one as well.
00:37You don't own it just because you designed it.
00:40Specific contractual agreements are made stipulating the terms of use for client
00:44work in an NDA or a Work for Hire agreement.
00:48You need to have explicit approval of the agency before you show anything.
00:54Agencies require permission from the client to use their work in their own self promotion.
01:00It's a violation of the client's copyright if their work is used outside the agency.
01:05Just ask the person who hired you what you can and cannot use in your portfolio,
01:09and ask what you can and cannot say about it.
01:12You can't go directly to the client.
01:14Permission to use a client's work must be requested by the agency.
01:19It would be inappropriate for you to contact the client directly because the
01:22contract wasn't with you in the first place.
01:25Included in the resource files are documents that show you how to request
01:29permission to use this work in the context of your website portfolio.
01:34It's difficult when other people take credit for what you do.
01:36But, as a freelancer, you're in a fairly powerless position to do much about it.
01:42It's especially aggravating when the project receives awards and recognition.
01:46The situation could become emotionally charged.
01:50This is an area where I've seen a lot of burned bridges and bad feelings.
01:54My recommendation is to remain professional and humble.
01:58I understand the impulse to show off your hard work, but you need to do it
02:01ethically and respectfully.
02:04Just get the proper permissions and you'll be just fine.
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5. Organization and Getting Paid
General bookkeeping setup
00:00Establishing good systems and procedures early on will save hours of time later.
00:06You're going to need three organizational tools.
00:09The first is Accounting Software to use as a check register, to plan your cash
00:14flow, and to categorize business expenses.
00:17You can see past, present, and anticipated deposits and payments coming in and going out.
00:23Quicken Essentials is the most basic program I can recommend for
00:26beginning freelancer.
00:29If you plan to transition to a larger business, you should get set up in Quickbooks.
00:33I say this because it's not easy to transition from Quicken Essentials to Quickbooks.
00:39The benefit of either program is that each entry you make has a category which
00:43is easily cross-referenced in a report, so you can find out exactly how much
00:48you spent on materials and supplies, or how much any specific client has paid you within a year.
00:54Another tool you'll need is a Database Management program to organize client
00:58contacts, and your job list.
01:01These are used to generate invoices and track billing.
01:05Every time you get a new project given its own job number, this number is used
01:10in your file naming protocol, your time- tracking software, and when you invoice.
01:15You'll also need to keep an invoice list.
01:18When you generate invoices, give each a new consecutive number which will be
01:23necessary for tracking and correspondence.
01:27If you're a temporary freelancer, you may be able to hobble along by
01:31organizing your contacts in an Apple Address Book, and using a Microsoft Word
01:36template to generate invoices.
01:38It's tedious, but that'll work fine for simple tasks.
01:41The best Database Management system is FileMaker Pro.
01:46Though it's difficult to set up, it's great.
01:49It can be utilized to generate letters, invoices, envelopes, labels, directories,
01:55with ease and consistency.
01:58If you're committed to freelancing, just bite the bullet and set up good
02:01database management software.
02:04Finally, you'll need something to record the time you spend working on your projects.
02:08Time-tracking software is great for freelancers who work directly with clients
02:14or through agencies.
02:15A good one is Harvest, but there are many available.
02:19By using them, you'll know the exact time it took you to complete that same kind
02:23of job, so there's less guessing when it comes to creating new proposals.
02:27You'll also be able to see the details of specific tasks such as art direction,
02:32meetings, or production.
02:33There are new apps being developed all the time to make tracking your time even easier.
02:41Accounting software, database management, and time-tracking systems are great
02:46tools that take a lot of the headache out of running a business.
02:50Set them up as soon as possible, and keep up with them on a weekly basis.
02:54They are necessary and nonnegotiable requirement of running your
02:58freelance business.
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Invoicing and purchase orders
00:01Invoices are the formal request for payment, as opposed to something that needs
00:05negotiation or clarification.
00:07They have ten components; omitting, any one of these can create a snag in the
00:12approval process, and could delay payment.
00:14First, the date the invoice was prepared, then, the name of your client contact
00:21
00:21in proper business format, then your invoice number.
00:26The next item is the project name together with your job number.
00:32
00:32A purchase order or client requisition number if needed.
00:36Otherwise, I just say verbal.
00:39It's good to list the date of the signed contract, or the phase of the project.
00:45The invoice should include the terms of the payment such as 'due upon receipt'
00:50or 'due in 30 days' for example. And next, a clarification of how the work was
00:56transferred to the client or agency'.
00:59This should include 'files transferred digitally' or 'shipped directly to the client.'
01:04Remember, this is a description that will affect how sales or business tax may
01:09be assessed, so be accurate here.
01:12Include a note as to who the check should be made out to.
01:15And lastly, where the payment is to be mailed or to what account the fund
01:20should be transferred?
01:22When you're working with larger corporations, you may be required to use a
01:26P.O. or Purchase Order.
01:28If you're not familiar with the term, a P.O. is a legal document issued to the
01:33designer in lieu of a signed contract.
01:35It indicates the scope of the work, an agreed-upon fee, and the terms of the payment.
01:41If you've been given a purchase order number, it must be included on your
01:45invoice, otherwise, you won't get paid.
01:48Agencies and clients appreciate when you bill promptly, say between two days or a
01:52week after the phase is done.
01:54For longer term projects, bill them every two weeks.
01:58An organized freelancer will schedule time every week to generate invoices.
02:03
02:03Send invoices as a PDF attachment to an email, and in the body of the email,
02:08you can clarify the timing of the invoice and invite them to ask questions if
02:13the invoice is unclear.
02:15An example of this verbiage is in the resource files.
02:19The overarching advice I have about preparing invoices is to ensure that there
02:23never a surprise to the client.
02:25You've already agreed on the amounts, the terms, and the scope.
02:29If there were revisions, you've already discussed the additional cost
02:33and received approval.
02:35It's really simple.
02:36If you want to stay afloat in business, keep up with your invoicing, so you
02:40will get paid promptly.
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Creating past-due notices
00:00If you've been following my advice about communicating with clients, there is a
00:05good chance that invoices will not become past due.
00:07But, the reality is, problems can arise.
00:11It's your responsibility to document all correspondence sent and received.
00:16And remember, until the check is in your hand, every promise to pay needs to be documented.
00:21If a payment is not received after 30 days from the invoice date, you need to
00:26send a past due notice.
00:28You can send it by email; attach a PDF copy of the invoice that's past due.
00:33See the resource files for the language to use in the body of the email.
00:37Most of the time when invoices are late, it can be resolved fairly quickly and
00:41easily by just sending a notice.
00:43If the payment continues to be late, I recommend sending a notice once a
00:47week for another month.
00:49If an invoice has not been paid after 60 days, that signals that there is a deeper problem.
00:56There is usually one of two reasons why invoices remain unpaid after 60 days.
01:00Either the client questions that they owe you the money, or they don't have
01:05the money to pay you.
01:06It's important to figure out which of these is the problem because the action
01:10you take will be different in each case.
01:12If the client doesn't feel they owe you the money, then you need to act very
01:16quickly to assess what the specific problem is, and try and resolve it as soon as possible.
01:21They are in a very powerful position at this point, so you need to be extremely
01:26professional and try and remain objective.
01:28Hear them out as what concerns they have; be empathetic to their needs, but rely
01:33on your backup documentation in case it escalates into a legal dispute.
01:38If they say they don't have the money to pay you, it's important to determine
01:42whether this is a short or a long-term problem.
01:46If it's a short-term problem, be proactive, and set up a mutually agreed-upon
01:51schedule so they can chip away at the invoice.
01:54If it's a long-term problem, say bankruptcy, you're in a very vulnerable
01:59position because their larger creditors will take precedence over you.
02:04Another option is to take something in trade for your services.
02:08If what they do is somehow valuable to you, it's a reasonable way to get
02:11these things resolved.
02:14The general philosophy regarding late payments is the longer they remain unpaid,
02:19the less chance you will ever get paid.
02:21It's important to try and resolve these issues within 60 to 90 days, because
02:26after that, the odds are against you.
02:29Balance tenacity and professionalism in keeping up with collections.
02:34If you have a signed terms and conditions agreement, your client has no right to
02:38use whatever you've created for them until they've paid you in full.
02:42As you might imagine, this comes in very handy in legal disputes.
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Managing nonpayment situations
00:00Once in a great while, polite correspondence between you and a client about an
00:04unpaid invoice stops being productive.
00:07You need to take a more aggressive approach to recuperate at least some of the
00:12money that you're owed.
00:13If things get really bad, I found that threatening letters from attorneys can be helpful.
00:17I've used Dun & Bradstreet's legal services to put pressure on
00:21non-paying clients.
00:22Dun & Bradstreet is the business equivalent to a personal credit reporting
00:26agency like Equifax.
00:28Their fees are reasonable for small businesses.
00:31Depending on the amount owed, your best option may be going to small claims court.
00:36You can get a judgment against your client if you are able to prove that you
00:40performed according to the contract, and that the client owes you money.
00:44This may or may not help you.
00:46Small claims court can pass a judgment in your favor, but that doesn't make
00:50cash magically appear.
00:52It does give you the leeway though to garnish funds from their bank account.
00:56Small claims court resolves disputes under $7,500.
01:01Even if the client owes you $10,000, it's sometimes worth it to cut your losses
01:05and get a judgment for $7,500 through small claims court.
01:10In regular courts, attorney's fees and legal costs can mount up quickly.
01:15If what is owed to you is more than $10,000, my recommendation is to resolve the
01:19issue through binding arbitration in a city where you do business.
01:24Again, this is stipulated in the terms and conditions form that I recommended
01:27in an earlier chapter.
01:30These problems rarely happen to me because I'm really conscientious about the
01:33language of my contracts. But when they do,
01:37it takes persistence and professionalism.
01:39There have been times when I've been persistent, and after two years, I was paid
01:44$20,000 that I was owed.
01:46But there have been a couple of times where I've had to let payments go that
01:50were under $1,000 because it just wasn't worth my time to collect them.
01:55Generally, being conscientious of your client's financial health at the
01:59beginning of a project is one of the best ways to determine whether you will be
02:03well-served to work with them.
02:05Following professional protocol and making sure you have signed contracts and
02:09approvals for your revisions should keep you out of trouble.
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6. Long-Term Success Strategies
Establishing and maintaining business relationships
00:00The two main ingredients in a long- term business relationship are trust and
00:05value, and both are earned over time.
00:08In order to earn a client's trust, a designer exhibits strong listening skills
00:13and a heaping dose of empathy.
00:15A deep dive into understanding the client's needs, visions, expectations, and
00:20concerns will ensure a solid foundation for great creativity.
00:25In an initial interview, I ask prospective clients what they value in their
00:29relationship with a design firm.
00:32Ninety percent of the time, the answer is, we need a firm who listens and really
00:37understands what we do.
00:39I've translated this into my own mantra:
00:41Listen, Think, Design, in that order.
00:45I believe that if design fall short or fails, it's because these three things
00:50were taken out of order.
00:52It's difficult to know your value when you're just starting at freelancing.
00:57Some make the mistake of working for free, believing that they will prove
01:00their value to a client.
01:02I find this to be one of the most difficult ways to begin because once you've
01:06given your work away, it's very difficult for clients to justify paying for it in the future.
01:13The best way to think about it is to understand the market value of your unique
01:17contribution to a project.
01:19Unfortunately, inexperienced freelancers either grossly overestimate or grossly
01:24underestimate their fees.
01:27When starting out, it's essential that you track your time as you work on each
01:30project to give you a realistic view of how long it takes.
01:34If you place a reasonable hourly rate to that time, you will find an easier way
01:39of knowing how to estimate new projects.
01:42Once you get established as an expert in what you do, you will transition from
01:46an hourly-based rate structure to a fixed-fee structure.
01:50This is because your levels of expertise and years of experience are worth more
01:55than just an hourly rate.
01:58I often get asked how to tell an ongoing client that you're raising your rates.
02:02I've put together some verbiage in the resource files that uses objective
02:06business-like language.
02:08You can let them know how much you have valued the work that you've done for
02:12them and hope to continue.
02:14But if their ability to compensate you is no longer aligned with your higher
02:18fees, you understand that they might have to go elsewhere.
02:21I am sincere enough in this statement to offer to make recommendations for other
02:26designers that might be more appropriate for the work.
02:30It may sound risky, but in my experience, over half the clients will continue to work with you.
02:36The others may go away, but I've been surprised how many times they come back
02:41one year, five years, even ten years later with really great projects and better budgets.
02:48A successful designer understands the importance of being desirable to work
02:52with, and trusts enough to recommend.
02:54They create pride in their client's minds.
02:58Clients will seek the right projects in order for them to work together again,
03:02and this kind of relationship can't be about low fees.
03:06Effective designers are able to remain objective in their business
03:09relationships, even though at heart, they feel more like artists.
Collapse this transcript
Working "on spec"
00:00Work on spec is common practice for architectural firms and
00:03advertising agencies.
00:06Speculative presentations or pitches are when a number of agencies compete by
00:10producing work for free or next to nothing without any promises for a return on time invested.
00:18Designs are created without any meaningful context or collaboration with the client.
00:22The shoot from the hip model is very risky.
00:25What the chosen agency wins is a long- term contract lasting from two to four years.
00:31So the risk to do speculative work can be worthwhile because the return
00:35sustains the agency over a long period of time.
00:39But spec work is death to a small design practice, as our work is project-based
00:44versus account-based.
00:46The reward isn't a long-term contract but just a website or a brochure or a logo.
00:51It's not enough pay off for the effort it takes.
00:55Before starting my own business, I worked for two other design firms.
00:59The first one did spec work and the second one just said no. I've adopted the
01:04'just say no' model because I was able to observe how doing spec work cost the
01:08first company hours of time, and created many disappointments.
01:13The theory is that the best design wins, but that isn't usually the case.
01:19Often it's a political decision or a myriad of other crazy things that have
01:23nothing to do with good design.
01:26Today, designers are being brought to the table earlier in the project's life
01:29cycle, or compensated for our process as well as the end result.
01:35
01:36Working on spec undermines the designer's ability to have input into the early
01:40phases of a project.
01:42It places the designer in the position of merely decorating an
01:45already formulated idea.
01:47It diminishes collaboration and trust and sets a poor precedent for a meaningful
01:53and respectful business relationship.
01:56Working on spec has its place in larger agencies, but from a small business
02:01perspective, it's the wrong tool for the job.
02:03You're not going to be able to establish long-term, profitable relationships in a
02:09work for spec model.
Collapse this transcript
Learning to say no
00:00Learn to say no.
00:03This may be very unpopular advice, but do whatever you can to keep from working
00:08on design projects for your friends and family. Even if they pay you, they are
00:13the worst clients ever.
00:16Designers want to be the hero and they want to be loved, so they take on
00:20projects because people need them but often can't afford to pay them.
00:25It seems like a good idea when you're not busy but as soon as you get busy this
00:29work gets put aside for real jobs with real deadlines and real compensation.
00:35I've heard stories from many colleagues that blame loved ones for
00:38taking advantage of them.
00:40The truth is they should never have agreed to take on the project in the first place.
00:44My advice is, burn your emotional calories elsewhere and just say no, nicely of
00:50course, and here's how to do it.
00:52Tell family and friends that your schedule is compromised and you would never
00:56want to let them down, that you would hate to under deliver on such an
01:00important project and you wouldn't want to commit to something that could
01:03injure your relationship.
01:06If they offered to pay you thank them and repeat what I just said.
01:10They will come back and possibly say, Oh, I'm not just in a hurry for it.
01:15My advice is, don't give them any hope that you'll change your mind in the future.
01:20Just tell them that you love them.
01:23You may need to say no to real client work because it's something you're not
01:27interested in, you don't have the time to do it, or the budget is inadequate.
01:32My litmus test is Love, Time and Money.
01:36You need two of the three to have any chance of success.
01:40By love, I mean the passion, the desire, or the potential this project has to
01:44represent the best work you can do.
01:47Time means how long you have to do the brilliant work and money
01:51means compensation.
01:53If there's only one of the three, the odds are completely against you and it
01:56will be a waste of your time.
01:59Something I've noted over the years is that when someone lacks enough money to
02:03pay you for good design, they often lack enough money to implement it.
02:08I've crafted a few diplomatic ways to say no.
02:11For example, you could say, I have enough experience to know what it will take
02:17for us or any qualified design studio to get this job done right.
02:22There aren't enough resources to make it the best it can be.
02:26Another would be, there will always be someone willing to do this work cheaper.
02:31If cost is the main criteria for choosing a design firm, it's probably not
02:35the best fit for us.
02:38These statements are pretty sobering for client to hear.
02:41Sometimes it helps them to see how shopping for price could actually
02:44undermine their venture.
02:47I've seen many of us burnout early in our careers because of habitual lack of
02:51objectivity in accepting impossible jobs.
02:55
02:56Learning to say no gracefully, objectively, and diplomatically can keep you out
03:00of loads of trouble.
03:02Even though you love what you do, it's not a hobby; it's your livelihood.
Collapse this transcript
Staying motivated and inspired
00:00Successful freelancers are passionate about what they do.
00:04They commit to their clients and to the projects they work together on.
00:08To be inspired, you should be interested in where design is going.
00:12It will help you craft a vision and a plan.
00:15Become voracious about design.
00:18What work is being done that is transforming our industry creatively and
00:21economically? Knowing this helps you see where you can be most effective in
00:26the work that you do.
00:28The best designers keep great resource files, either digital or physical, to draw
00:33upon for ideas and inspiration.
00:35One of the most insightful tools are designer's journals and sketchbooks.
00:39They become rich documentation of a designer's evolution.
00:43They force you to become committed to your view of the world.
00:48I suggest joining and participating in design-related communities such as the AIGA.
00:55Meet fellow designers and contribute your ideas.
00:59Become part of communities that are positive about the impact that design can
01:03have for commerce and for social or environmental good.
01:07Avoid the complainers.
01:10Commiserating with whiny designers is a waste of time.
01:14Read journals such as Fast Company, GOOD, Wired, Design Observer, and
01:18Core77; they will help you understand the greater impact that design is capable of making.
01:25What you will learn will make your conversations with colleagues and
01:28clients much richer.
01:30It's great because you become a resource for new and innovative thinking.
01:35Understand the economy and culture of the city that you live in.
01:39Even though we're in a global economy, most of the freelancers' work will come
01:43from large and small local sources.
01:46Stay relevant and clear.
01:49Clarity is absolutely necessary to make tough decisions faster.
01:53It's a required skill to navigate the peaks and valleys of our economy.
01:57Clarity is also required to access our intuition and our creativity.
02:02It's a necessary component for empathy, the successful designer's secret weapon.
02:08As a freelancer you should ask yourself, is this work meaningful and lucrative?
02:12If the answer is yes, you have a great foundation for your work that can sustain
02:17your effort for the long term.
02:19Enjoy yourself and take pride in the fact that you're in control of your own destiny.
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Conclusion
Next steps
00:00The most rewarding and most challenging thing about being a freelancer is that
00:04you're in charge creatively and financially.
00:08I'd like to use the analogy of a mountain climber and his base camp.
00:12The mountain climber is your creativity and base camp is the support you need to
00:16reach great heights.
00:18Think of the business side of your venture as base camp.
00:21If well-maintained, it frees you to be primarily focused on your creativity.
00:26So attending base camp regularly, just a couple of hours a week, will enable you
00:30to reach your creative summit.
00:32Just taking the time to view this course shows your commitment to your new venture.
00:35It's a great beginning and you could look forward to more in-depth courses being
00:40added to the Lynda.com Online Training Library.
00:44I wish you all the best.
00:46Be brilliant, and make your quarterly payments.
Collapse this transcript


Suggested courses to watch next:

Brand Building Basics (25m 8s)
Lorrie Thomas Ross

Freelancing Fundamentals (2h 12m)
Tom Geller


Running a Design Business: Starting Small (1h 33m)
Petrula Vrontikis


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