The importance of having any agreements in writing and signed by both parties, cannot be overlooked, especially in the creative industries, where it is common for parties to engage in discussions without ever having an agreement prepared.
You don't always require a long form contract, and by simply having something in writing will always help as it is then expressed and documented. We would always suggest to have an express agreement which clearly explains the position of the parties, but we appreciate this may not always be appropriate. However, this does not mean that no form of express documents, whether an email, a text message are not valuable.
Proactive rather than Reactive
Getting things in writing is not something which is only required when a business relationship breaks down, but is something that can help the parties at the outset to determine the position of the business relationship, as well as clearly explain what is expected of both parties during the course of that relationship. A written agreement can give protections to all contracting parties.
More often than not, in the creative industries you will be given a contract to sign, and won't have much input – it will look like a "take it or leave it" situation. We would always suggest that before signing any third party contract, you always take legal advice on the content of the contract and your position contained therein. You do not want to be in a position whereby you sign away significant rights, which you cannot then get back.
Even if this is just to talk through the contract and explain what it is you are signing, this is well advised to ensure you are fully aware of the contents of the contract and undoubtedly will help you further down the line.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
