5 Dangerous Contract Spots

When somebody agrees to work with me and I send out a contract, what happens next is always a crapshoot. Sometimes, the person signs the contract, no questions asked. Sometimes, her or she will want to negotiate particular sections, paragraphs, or clauses.

I’m always willing to listen to their concerns, and I usually accommodate them or find some middle ground. There was one time I rewrote the contract so fifty-seven percent of the payments were on the back end, which was what the client wanted. 

Another time, a prospect sent back concerns but didn’t offer alternative language, leaving me to guess. When I asked, “What do you have in mind?” He responded, “Anything that’s reasonable. If you would like to take the reigns (sic) on it.”

I attempted to find some common ground, but there was one additional wrinkle: My rate had gone up, but I gave this prospect until the end of the month to sign and make the first payment. On the last day of the month, he called to say he would be signing it.

I asked, “Did those changes I made meet your satisfaction? Are there any other changes you want to make?”

His response didn’t wow me: “I hope not.”

Fortunately, he signed the contract on time—but only provided the signature page, which left me unsure if any other changes were made. I gave him until the next week to make that first payment—as long as he understood that we won’t start until I received those two things and that he would make two payments in that month. He said he did.

There are lessons to be learned here. 

1. A contract doesn’t create commitment; behavior does. How somebody responds to a contract could be an indication of how they’ll behave once the work begins. This prospect also balked the first time I sent the contract, which was ten months earlier, saying, “It got too real.” Then, after an economic downturn, he said he lost too much of his investments, which he planned to use to pay for the work. 

When the markets rebounded, he was still unsure. “I’m still on the fence,” he texted me. “Maybe we should chat and you can tell me what you envision as far as a book?”

I had to re-sell him on his own book. Imagine!

Uncertainty reveals how people operate under pressure. Here, the contract stage could be considered the audition. This could have been a preview of the working relationship.

2. Flexibility is a strength—but only with boundaries. Restructuring a contract that benefits both sides without hurting either side indicates professionalism and confidence. But being flexible should be intentional, not reflexive. Every concession teaches us something about the other party. If a line is drawn in the sand, so to speak, and the line is crossed, the boundary needs to be protected.

3. Vague reassurance is a yellow flag, not a request for help. By not offering alternative contract language, the prospect and his/her/their representatives were not fully aligned,  somebody was controlling the other, they avoided responsibility for future objections, they didn’t know what they wanted, or they would have been saving the ability to object later.

People who can’t clearly say, “Yes, this works” or “I agree” often struggle to say it later when the stakes get higher.

4. Deadlines work but don’t erase risk. One could argue that the prospect wanted options more than commitment. Although he signed the contract, it didn’t magically change him from hesitant to decisive.

5. Protecting the ghostwriter’s value is part of professionalism. Honoring the less-expensive rate and requiring two payments the first month did two important things. It increased market value and tested the prospect’s seriousness. Clients who can meet financial commitments promptly tend to respect time, scope, and process.

IN GENERAL…

While some of these lessons are specific to this story, there are other aspects of the contract a ghost writer in Los Angeles should absolutely include to protect (and if these expose the prospect for being like the one above, so much the better, although that can’t be the point).

1. Credit (or the lack of it). Be crystal clear about whether the work is anonymous, credited, co-authored, or acknowledged. Vague language like “no public credit” can quietly block a ghostwriter from even listing the project in the portfolio.

2. Who owns what? Many contracts default to work-for-hire, meaning the client owns everything forever. If that’s going to be the case, make sure the fee reflects total surrender of rights—or negotiate limited rights or reversion clauses.

3. What’s the project’s scope? Don’t include fuzzy descriptions like “other related services” or “reasonable revisions.” Without limits, revisions can multiply endlessly and turn a defined project into a bottomless pit.

4. When do you get paid? Avoid language that calls for getting paid “upon publication” or “upon client satisfaction.” Tie payments to clear milestones or dates, with deposits upfront and final payment due at a specific point—not success in the marketplace.

5. And if there’s a cancellation? If the project is canceled, what happens to the ghostwriter? A fair contract specifies partial payment for work completed and protects if the client walks away.

6. What can be said (and not said)? Non-disclosure agreements can be reasonable—but some are so broad they prevent ghostwriters from ever discussing anything. A ghostwriter in Boston needs to ensure he or she can at least describe the work generically or privately to agents and editors.

7. Who’s legally responsible? If the client provides the contract, watch for language that makes the ghostwriter legally responsible for everything in the book, including the client’s claims, memories, or factual assertions. That’s a major red flag. If the ghostwriter sends the contract, avoid this language.

8. The final decision belongs to… Clarify who has final say in various parts of the entire process. Unlimited editorial control by third parties (agents, spouses, boards, PR teams) can derail schedules and rewrite the book without proper compensation to the ghostwriter.

9. Make deadlines realistic. Life happens. People get sick or go on vacations. Make sure deadline delays caused by the client automatically extend the ghostwriter’s delivery dates. A client’s silence or slow feedback shouldn’t count against the ghostwriter.

10. Can you work with others at the same time? Some contracts quietly restrict a ghostwriter from working on similar projects. Ghostwriters who only write in certain niches or genres can have their livelihoods effectively shut down.

A final note: My business advisor once told me that a contract is nothing more than a ghostwriter’s attorney talking to the client’s attorney if things go wrong. A fair and balanced contract that protects both sides will likely never need to be referenced again.

Feel free to read and check out my other posts related to ghostwriting. Go to https://leebarnathan.com/blog/