When it comes to contracts, I believe both sides should have protections. The prospect needs to feel like the story is his/her/their property, that they have the rights to it and own it at all times. That also means the prospect has final say over the title, that he/she/they can terminate the project early under certain circumstances, that confidential information will remain confidential, and that the prospect will have a day in court or mediation, if it comes to that.
The ghostwriter’s protections include: clauses that guarantee the work, the fee schedule (and what happens if it isn’t followed), and cancellation policy (and how much money the ghostwriter is entitled to); indemnity, release, and assignment clauses, and how the ghostwriter can have a day in court or mediation, if it comes to that.
If both sides see that they are protected, they are more likely to work together harmoniously toward the goal of getting the manuscript out of the now-client’s head and onto the paper.
It’s when they don’t that there’s trouble.
I recently sent a contract to two prospects, who returned it with numerous changes. Some of these I could accept. These included a different pay schedule (less was paid up front and 57% was paid at the back end), the prospects would have twice as much time to review the work and give feedback, comments, criticisms, praise, etc. (fourteen days instead of seven), and the targeted word count was reduced to 70,000 words from the original 80,000.
But all my protections were gone. Two examples:
The prospects wanted to deny me the right to use the title, cover artwork, and summary in my marketing materials. I include that so I can show future prospects that I actually do the work. Instead, the prospects wanted me to get permission to use any information related to the project.
The prospects wanted the right to exit the project at any time. It is standard for my contracts to give them an out within 30 days of me receiving the first payment and have them pay nothing else, but cancel after that 30-day mark and I’m entitled to the entire fee. I included that to make it more likely the clients would stay and work when something negative arises, such as a rough first draft—the rationale being, If I’m legally obligated to pay the whole amount, I might as get a finished manuscript out of the deal.
That clause has served me well in the past, and I will never agree to a contract without it.
I responded to the prospects and said I agreed to some of the changes, but “(t)he rest of the contract will remain as is.” I reattached the contract with the changes. They again countered with new language, to which I responded, “My attorney has advised me not to accept any other changes.”
Some people might think one side or the other is being unreasonable, but these things happen, and if the two sides cannot come to an agreement, they won’t work together, and the prospects will have to find a different ghostwriter.
Meanwhile, the ghostwriter (me) will have to accept that this wasn’t meant to be. I’m good with that—especially considering the same day, I received a promising call from a new prospect.
She’s a middle school teacher who wants to tell her story: a memoir and cautionary tale about what it’s like to be a teacher and a union member surrounded by adversaries, some of whom she would never have imagined. “No one has anybody’s back,” she said.
And so it goes.
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