Contracts Increase Your Zone of Control

Military historians (like Rob) and self-help enthusiasts (like Katherine) will be familiar with the phrase “zone of control” or “circle of control.” It’s exactly what it sounds like: your personal zone of control covers the things you can directly affect, such as your words, your actions, how you spend your time, etc.

Inside your circle of control, you can take meaningful action and make a positive difference. But worrying about things outside your circle of control can lead to anger, anxiety, depression, and frustration.

Contracts give you opportunities to bring more project elements into your zone of control and hedge against possible changes in circumstances.

Professionals Plan for the Inevitable

Creatives often express anxiety about discussing the possibility of changes, delays, and frustrations with their clients, collectors, and collaborators. If you can’t promise perfection on a strict deadline, someone is always lined up to take your place…right?

Actually, no. The guy who promises perfection on a strict deadline with no contingencies usually has a thousand excuses, needs “just a little more time,” and fails to budget correctly. Serious professionals admit that some things are simply beyond our control and make plans for the inevitable bumps in the road.

Illness and Maternity Leave

Bodies are funny, unpredictable things. They don’t always behave the way we’d like them to!

For example, it’s generally impossible to know exactly if or when you’ll get pregnant, and it’s impossible to know what kind of care your new addition may need. Also, big health emergencies do arise—it’s hard to think about that, but it’s even harder to renegotiate a contract while you’re managing visits with specialists and need all your energy to heal. Furthermore, many of us have long-term conditions requiring increased rest and care, and no one should be penalized for quirky flare-ups.

A new family member, broken leg, or low spoon count need not prevent you from taking on exciting opportunities. You just need to ensure your contract allows some wiggle room to extend your deadline, name a substitute, or reduce your responsibilities.

Pro Tip: Allow for notifications of health changes in writing via email. By default, “in writing” means “on paper,” but you can often adjust your contract to allow for a modern form of notice!

Scope Changes

Ideally, we decide on a clear, precise budget at the beginning of every project and stick to it. Practically, things change in the process.

For example, commissioned artworks often go through rounds of alterations. Clients change their minds, the planned environment shifts, or materials become unavailable. Suddenly, you’re creating something very different than you planned!

It’s unreasonable for a collector or colleague to ask you to make a $200,000 artwork on a $100,000 budget. Ensure your contract has specific clauses that allow you to renegotiate the project budget if the scope increases or decreases.

Pro Tip: Include a specific pre-paid contingency amount you return to the counterparty if unused. You have total control over your ability to give money back; you don’t have as much control over the counterparty’s delivery of a new check.

No One Thought of That…

Pandemic. Unrest. Inflation. Over the last few years, we’ve all been confronted with an array of unexpected challenges.

In 2020, the NBA was able to postpone its season with little drama because the “force majeure” clause in its contract with NBA players stated that “epidemics” would make it impossible to pay out its contracts. The NBA contract was held up as a model for other employers throughout 2020 and 2021 because it clearly defined the nature of an unforeseeable circumstance that would prevent the league from fulfilling its contracts.

We often include force majeure clauses but also address situations of “impossibility, “impracticability,” and “frustration of purpose,” which allow our clients to exit onerous agreements when they simply can’t work out.

Pro Tip: Make sure you allow yourself the option to terminate the agreement if you and the counterparty agree to something vague like “best efforts to reschedule” or “negotiate in good faith.”

Future You

You can be kind to your future self by going to bed at a reasonable time, drinking more water, taking care of your teeth - and adding protective clauses to your contracts!

Taking care of your business is like taking care of your health. An ounce of prevention is worth a pound of cure, and a little forethought can prevent annoying and expensive consequences.