How to Negotiate Better Freelance Writing Contracts
Posted by Maya Smart on Mon, Jan 04, 2010 @ 09:00 AM
Sick of your freelance clients asking for more while paying you less? Sorry, but this trend is likely to continue in 2010. Don't be surprised (or discouraged) if you're asked to coordinate photography, collect links, write sidebars, and more--without an offer of additional compensation.
This trend isn't a slap in the face, though; it's a call to action. Imagine a seesaw with your effort weighing down one end and a skimpy assignment fee raised high on the other. To balance the load, you can either lighten your effort or negotiate heftier compensation. But, trust me, the best move might be to get off the seesaw altogether.
When to Walk
When the pay rates are far below your expectations, walk away. You can't negotiate, for example, with content mills that pay a fraction of the professional rates you normally command. Say it with me: Established freelancers should not write for pennies. Make it a policy to just say "no" to unprofitable assignments so you can focus on identifying and marketing to publications that will pay you what you're worth.
Do Less for Less
When the proposed rate falls just short of your expectations, one option is to accept the lower fee but downgrade your time commitment proportionately. You can reduce your reporting time, the number of sources you consult, or your availability for revisions to make up for the lost dollars. Be careful, though; this strategy can backfire if editors sense that you aren't giving 100 percent.
Know Your Worth
Negotiation is often the best option. Think of the contract or assignment letter you receive as a conversation starter--not a final decree. Then identify your bargaining chips, assess your client's situation, and define the worst terms you're willing to accept.
Unique access to vital sources, subject-matter expertise, a record of submitting great work, and strong relationships with editors all can be leveraged in negotiations. Good editors prefer to work with familiar freelancers who can deliver on deadline, so they will exert whatever influence they have to pay their go-to writers well. Keep in mind that budget pressures outside of editors' control often push freelance rates down these days (translation: It's not necessarily your editor who's lowballing you), so you need to handle the negotiation graciously, have realistic expectations, and be as flexible as you can afford to be.
Take the Pressure Off
A casual, non-confrontational approach is best. I usually negotiate contract terms with editors by email so they don't feel put on the spot and, more importantly, so that there's an indisputable record of agreement details. For example, I wrote this note after receiving an unacceptable contract:
"Hi [editor], This contract states that you'll pay $0.90/word for the story. In the past, I've received between $1 and $1.50/word from [company]. I don't accept assignments for less than $1 unless it's a part of a retainer agreement where I'm guaranteed a certain total amount per month.Can you pay $1/word for the December piece?"
The email indicated my willingness to walk away from a one-off story rate below $1 but it also showed my flexibility. It made it clear that even though I had received up to $1.50 in the past, I understood that the company could no longer pay that rate. I even signaled that I would go below $1 per word---IF they agreed to send a steady stream of work my way. But I accomplished all this by outlining the facts of my pay history and standards--not by resorting to emotion ("Your offer disappointed me") or apology ("I'm sorry to be a pest, but would you mind reconsidering?"). Remember, negotiation is about give and take, and it's best to be friendly but straightforward. The editor immediately replied to confirm a $1/word rate.
Consider the 'Extras'
Don't forget that the size of your check isn't the only thing you can negotiate. Go for the extras that make your life easier and cost little to nothing when a good client can't budge on a rate lower than your standards. I recently discounted my fee for a new client in exchange for a few things I value: deadline flexibility, instant payment, reprint rights, and promotion of my writing courses. Now, I fit in this client's assignments whenever my higher-paid assignment pipeline slows. Moreover, the publication bolsters my reprint and teaching income prospects by granting me all the rights to my articles and publicizing my courses. It's a win-win.
Do you know who your ideal clients are? Are you ready to kick the nightmare customers to the curb so that you have more time to identify and serve the dream clients?