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How to Never get Ripped Off AGAIN – For Freelancers
“Money is better than poverty, if only for financial reasons.” Woody Allen
Being “ripped off”. I really don’t like the negative sound of those words. But I’m compelled to write about it because it’s a topic that comes up again and again.
Yesterday an artist was in my office and she said that she’s been stiffed on payment too many times to mention. It’s worn her down and she feels unappreciated.
Getting stiffed on payment is sadly one of the most common and frustrating things that can happen to freelancers. It happens to artists, photographers, filmmakers, web designers and just about every small business owner at one time or another.
But it doesn’t have to ever happen to you (again). It’s very simple to avoid. You just have to do two things:
1.) Require a deposit up front
2.) Require the full balance at completion
The INSTANT you institute these two policies for your small business, you will NEVER have to make a collection call EVER again.
If it’s this simple, why do so many people continue to get “stiffed” on payment?
Because they don’t ask for the deposit up front and they hand over the goods before being paid. It’s too bad that art school doesn’t teach you the importance of running your art venture like a business.
Here are some of the most common excuses I hear from people who keep getting ripped off:
- “I don’t have a business mind”
- “I’m new at this”
- “I need an agent to do this for me.”
- “I needed the work really bad – I was desperate.”
Handling your business wisely is a decision you make, not a gene that you’re born with!
Please trust me when I say that YOU DO NOT HAVE TO HAVE BEEN BORN WITH A BUSINESS MIND TO AVOID BEING RIPPED OFF!
You just have to institute your own payment policies.
I learned this the hard way when, many moons ago, Drew was “hired” by the large clothing company American Eagle. They asked him to create a detailed artistic map of one of the Hawaiian Islands. The art was going to be used for t-shirts and other accessories.
They were on a tight deadline and needed it yesterday. There was no time to get a deposit. Drew put in many hours drawing this up, and the art director at American Eagle kept making changes.
Their final change is what led to the non-payment: They decided not to use a map after all. We sent them a bill for the work done, and they never paid us. Dealing with a company that large is nearly impossible to get payment from AFTER THE FACT. That’s why we should have gotten money up front.
We were, by some standards, ripped off, taken advantage of and screwed over.
But I’m a firm believer that no-one can take advantage of you without your consent.
It was our own fault for not getting money up front before Drew put in many hours of work.
That was the LAST TIME we ever got stiffed on a commissioned job. We learned from our mistake, and since then have required 50% up front and the balance when finished (before we hand the art over).
THE PSYCHOLOGY OF REQUIRING A DEPOSIT
Two important things happen when you say to your client: “I’ll need 50% up front to start the work and the balance is due when the work is completed.”
1 You are viewed as professional: Your client now sees you as a person who has payment policies in place. They respect you, and they are clear on what you expect and how it’s going to go.
2 A commitment is formed: Your client is fully committed when they pay a deposit.
When someone pays a deposit towards something, they are making a commitment to the project.
It’s a psychological thing. Without a deposit, there is no real commitment from your client. It’s like buying plane tickets. My trip to New Zealand last year was just talk until I plunked down the $1,800 for plane tickets. Once that money was paid, it was a reality. We were fully committed.
HOW MUCH OF A DEPOSIT SHOULD YOU ASK FOR?
Many artists require 50% up front. The average, according to the Graphic Artists Guide to Ethical Pricing, is 30%. I prefer the 50% and so does my bank account.
HOW DO YOU ASK FOR A DEPOSIT?
In every conversation I have with a new client, I mention, up front (even with friends and acquaintances and my mother’s uncle’s niece) that we need a deposit to get started. (Hate to say it, but sometimes it’s the people closest to you that will stiff you).
You may feel strange asking for this. Get over it, do it, and you’ll get used to it and eventually it won’t feel strange anymore. Learning how to walk was strange also. But you got used to it.
When giving a price quote, include your deposit requirement in writing by e-mail or proposal. Here’s how ours looks in a price quote (I grabbed this from an actual proposal for a wakeboard design we did earlier this year):
PRICING: Fee is $3,800.00. A 50% deposit is required to start the work, and full balance upon completion. OPTIONAL: Original artwork may be purchased within 30 days of completion at a greatly discounted price of $3,500. (Payments shall be made to Son of the Sea, Inc. PO Box 836, San Clemente, CA 92674.)
And here’s what we put in e-mails sent to clients with big projects, like murals:
We must have your signed proposal and deposit for the mural painting NO LATER THAN 2 weeks prior to the start date. This allows us to get the materials we need at the pricing we configured for your quote.
Over time, your returning customers will know what you expect and they will be prepared to write you a check for the deposit. All of our longtime customers are used to the way we work. They also know that the work will get done to their satisfaction, because they’ve worked with us before.
RESISTANCE TO PAYING A DEPOSIT COMES FROM CLIENTS AND ARTISTS:
It’s not always the client feeling weird about a deposit. Sometimes it’s the artist. Here are some of the scenarios:
THE ARTIST DOESN’T REQUIRE IT BECAUSE THEY ARE DESPERATE FOR THE WORK: If you are desperate for work, than you surely cannot afford to spend time on something that you’ll never get paid for. A deposit weeds out the payers from the non-payers. The people who most likely will never pay you are the ones who won’t give a deposit. The people willing to give a deposit are the ones that are serious. See how this works?!
THE CLIENT REFUSES TO PAY A DEPOSIT: If a client won’t pay a deposit, they just aren’t ready to commit. If that’s the case, than you shouldn’t commit your time to their project.
Don’t get mad. Just let them know that you are happy to start the work after they pay. Tell them to call you when they are ready. Be friendly and professional.
THEY DON’T HAVE THE MONEY: I’ve run into this many times: When I tell someone that they have to pay a deposit, and then they say “Oh, I don’t have the money right now.” This tells me that they may never have it. So I say “When you do, let me know. We are looking forward to working with you.”
YOU FEEL YOU HAVE TO PROVE YOURSELF BEFORE YOU CAN DEMAND A DEPOSIT: If you’ve been at it for less than 2 years you may still have to prove yourself before you can require a 30% – 50% deposit. Maybe the client isn’t sure of your abilities and they are nervous to trust you. In this case, lower the amount you ask for to 20% instead.
YOUR CLIENT IS A HUGE 5 BILLION DOLLAR COMPANY AND THEY TAKE 3 WEEKS TO CUT CHECKS BUT NEED YOU TO FINISH IN 2 WEEKS: I’ve been faced with this scenario a few times. Here’s what I do: I ask the client to write me a personal check and they can bill their company for it later. Some people laugh at that, but the serious ones send me their personal check.
THEY FLAT OUT REFUSE: If they just refuse to pay a deposit, than most likely you’ll never get paid, no matter what you do, because of a lack of commitment on their part. So walk away. You’ll save yourself a lot of wasted time and frustration.
IF YOU’VE BEEN A PROFESSIONAL AT YOUR TRADE FOR OVER FIVE YEARS: You can STOP proving yourself. No one should question you at this point. You have good references that the client can call if they doubt your abilities.
EXCEPTIONS TO THE RULES: Of course, there are exceptions to every rule. We made an exception when we did a deal with Converse - Drew started the work before we got our deposit. They took 6 weeks to cut us a check. But we have a good relationship with our people there, and I knew they would take care of us. I very rarely make the exception, because of being burned in the past.
LEARN FROM YOUR MISTAKES
If you’ve been “ripped off” more than a couple times, than you need to look in the mirror and ask yourself what you’re doing to cause this. Analyze what’s happening – are you keeping your end of the bargain? Do you meet your deadlines? Are you a joy to work with? Do you behave like a professional? It’s important to learn from our mistakes and then change the way we do things if something isn’t working.
I read somewhere once that the definition of crazy person is: Someone who keeps doing the same thing over and over again but expecting a different result!
SIMPLE RULES FOR PRICING:
If you follow these simple guidelines, you’ll never have a problem getting paid:
Put your price quote in writing (e-mail is fine) – this way there are no surprises on either end. Give your quote leeway to add to it in the event that the scope of the work changes. (We do this by adding this sentence: In the event of unforeseen additional work due to conditions on surface or changes to the design by the client that may require extra labor or detail, this price could change.)
Have a payment policy and include that in your price quote (i.e. 50% down and balance due at completion)
Put a 30 day limit on your price quote – your situation could change or your materials costs can go up. On my proposals I’ll put: Proposal Date May 27, 2010. Proposal valid for 30 days
Don’t begin the work without a commitment from your client in the form of a deposit
Send your client frequent updates of the progress of the work, along with photos of the progression. This will give your client satisfaction knowing that you are working on it and that it’s getting done.
When it’s finished, send them a photo of the completed work and arrange to get final payment at the same time you hand over the goods.
I sincerely hope this article convinces all of you out there to institute your own policies. Even if you are a part-time freelance artist or photographer, you are in business. Your time is valuable. You should be paid for your work.
Please, in the comments below, let me know what problems you’ve had on this subject and how you’ve dealt with it!
Maria xxoo
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Similar Posts:
- The Deadbeat Client: Consequences and Prevention is the Cure
- How to Price a Wall Mural – Developing a Price Sheet and Proposal
- Fear Giving a Price Quote? The art of the Deal Memo
Tags: business of art, contracts, deposit, getting ripped off, written agreement
This works with writers much less often but if it’s a new client then a deposit is required. I’ve had magazines laugh at me when I invoice them for the deposit and I politely tell them they can get an intern to write it for them. It works sometimes and when it doesn’t then I write the same story for someone else who will pay. When you don’t act desperate for the business it comes more easily. Promise!
Maria, U RUUUUULE!!!!
My big reason for not pursuing deadbeats was always a sinking feeling that my work wasnt worth the money. if the customer really wanted it, but would have paid!
Eventually i realized that was BS. I always ask for deposits up front. ESPECIALLY with new clients.
and that applies to commercial and art commissions!!!!
Thanks for the great post!!
Mr Toe
thanks Maria,
Great article. How important it is to *talk* about these issue. How helpful to other artists to share our experiences.
There are scammers out there too!
Artists need to get tough and smart or they leave themselves wide open to outright scams.
This week I received two email scam requests for my art, both trying to get my art without paying me. Both contained complicated manipulations (we’re moving so our movers will pick up the painting from your studio).
They requested prices and I was suspicious but complied until I was sure. (A large art organization had recently placed my link on their website, so it was possible that a total stranger may have found me that way and contacted me)
I could tell it was a scam when they would not respond to my payment options but emailed that they would pick up the paintings.
Is that the way a real buyer behaves?!
I had already heard of this scam via another artist. The punchline is that there is urgency because they paid with a counterfeit cashiers check.
No one is picking up anything until I have payment in full, and the check has cleared!
There are many variations on these scams. An artist in Chicago told me that he received some badly counterfeited travelers checks in payment by mail. Then the sender called saying he had an emergency and please refund in cash, but “keep a few hundred for your trouble”.
If you are an artist with an online presence, you will receive email scams. I am amazed to learn that some artists actually get taken by these scammers! They lose their art and usually some of their cash too.
Great article thanks for writing that.
thank you maria! great article and advice. also helps confidence!
Maria, you are the freelancer’s best friend!! The business BFF
I had a prospective client last week who I met at a presentation I did with my work. He asked a bazillion questions, over and over, both to me and my boss via phone and in person at said presentation. It was a two student tuturial at the highest end of the pay scale, plus commision, so I was pretty dang excited.
He was about to commit, but wanted me to come to the other student’s home over Memorial Day weekend to do some consulting and meet the other family in person. This is something I don’t do. I spend my working hours working, not schmoozing. Both I and my boss felt we spent plenty of time consulting with him by phone and it was time for him to make a decision and cough up a deposit. She even said I could bill him the tutoring rate for the consult if I really wanted to do it.
Truth is, I’m pretty darn busy, the calendar’s full, and the phone’s ringing with more work, so I told him I’d call him if some time opened up and I changed my mind about the free consultation, and told myself I’d wait 4-5 days and see what he does.
So less than a week later he confirms to doing the tutorial, and that was after speaking on the phone with another tutor from our office, one who’s been doing what I do for 7 years longer than I have. I think I earned a lot of respect by not jumping over to do that free consultation and waiting. It’s a $9600 job and I get a 10% commission!!! woohoo!
So that worked out, but I kept reminding myself that for every client like this guy, who needs to feel special and ask for special treatment, there are 5 clients who are great and work ‘business as usual,’ and to really put my focus there. Let this guy go if need be.
I love reading these blogs- the old Cecily would have done a free consultation, a couple of free hours, and worked at half the going rate, telling myself I was paying my dues or something. I wish I had this advice when I worked as an artist.
Cecily
wow! thanks for this! I happen to be JUST going through something like this myself! Glad I cam across you blog on twitter this all very helpful!
A good line to insert into any contract or signed agreement is that usage rights, or transfer of rights do not go into effect without FULL payment to the artist. This opens up the client or even a third party end user to liabilities if the artwork is used without compensation. If the art is not used or there is a bankruptcy situation then hopefully a deposit was secured prior to starting the work.
Chris, yes, you are so right about that – I’ve added in a line on the contract that rights to reproduce the artwork are given when payment is received in full. That is a great additional protection.
I’m glad this post was so helpful. This is always a sore subject and I love what Cecily wrote about how the “old Cecily” would have given her time away but the new Cecily uses her time for the clients that are willing to pay for her precious time.
Our lives just get better and better when we keep working on ourselves and how we handle others. People will respond to that, and eventually you’ll be surrounded by good people who appreciate you.
Maria,
You have helped me gain a lot of respect from clients and also helped me weed out the ones who won’t pay by asking those two simple things starting long ago. There have been one or two times I have worked with a larger company thinking that for such a small job( like a t-shirt design) it would be easier to just get paid when the job is finished. But, what felt easier then was a lot of asking and bothering the client later for the money. It just confirms that when you ask for a deposit you are asking the client to respect you most of all and that you are a working professional. How would you handle a larger business client that the payment takes 60 days after artwork is delivered (aside from a contract). and doesn’t do a deposit because of a payment dept. takes so many days and forms to fill out, etc…)Especially when they are on a deadline. Thank you for your constant insight and helpful guidelines. You are awesome!
Hi Maria,
A long time ago, when I was paying other people to build my website because it was all html code, I engaged the services of a graphic designer online to design a nice banner ad to add to my site…She had clearly stated rules of engagement about her banner ad design work, in particular, the number of changes she was willing to make, & a set time limit for me to ask for any changes, at which point if I didn’t respond within that set time period, she took it that the job was complete & billed my pre-given credit card number…Job done…
I was impressed…
Great Advice Maria, thanks! I used your advice from a similar article you had written in the past on Drew Brophy’s website….and did NOT take on a project that I was refused a deposit for. I feel it was a good decision. But most of the time, people are fine with putting money up front.
Thanx for this one maria, it is so true.
Two Thumbs Up!!!
50% deposit is the way to go, I will also take credit card #’s and pre-authorize instalments, depending on the final price point, and stages of the work.
Great advice Maria.
The word *price* has been sort of a dirty word for a long time in relation to art. *Price* seems to be a rather disgusting word. Go into a gallery and ask about a piece, and the gallery person says “I will get the price list”. IN one gallery the gallery-sitter had to go upstairs to retrieve the “price list”. You are shown the list of “figures”, and never told “the price is….”. Or, “that’s a good price.” The word “price” is never uttered in a gallery, but *price list* is ok. Now I notice a lot of users of the term *price point*.
It’s uncouth to say “price” . Or, “this is my price”. Or ask “What is the price?” The mystique of it all scares artists. But then some collectors think this it is OK to bargain with the artist or gallery. Bargaining, and asking for discounts is the norm. Many artists have problems with pricing.
Artist Mark Kostabi tells collectors in advance that his prices are set, before they come to his studio, and that they can talk about art but doesn’t want to waste time discussing prices. He’s a millionaire from selling his art. He describes how some wealthy collectors try to buy multiple works from artists by showing up at the artist’s studio with stacks of cash with the bank wrappers still around the bills. This has been going on for some time too. There is quite a bit about this in relation to Willim de Kooning, in the book titled “deKooning”. The buyer a mega-weathy collector who got bargains for his museum. De Kooning, after living a hard life of poverty, would sell several paintings at once for cash in his studio to that collector, who walked away w/major bargains.
For me, I am fortunate to be represented by an art dealer who handles all the pricing of the work, so as to avoid the bargaining, and difficulty artists have figuring out what prices to set for their work.
great post!
A few years ago, when I was starting out, I did some character design work for a company. I should have know they were bad news from the beginning because they contacted me looking for students who might be interested in work (I used to be an art instructor for a correspondence school).
The first job went fine, even though I undercharged them drastically. The second job was a nightmare though. I completed the work on they used my artwork. I sent the invoice and it was confirmed that it was received. A couple weeks go by and I send another e-mail. A couple of months went by and I send another e-mail. After six months I sent an e-mail to another contact I had at the company asking if he could help me get paid….a couple of weeks go by, another e-mail. Finally a person within the account department e-mailed me asking for an invoice, I did get paid….BUT I felt like I had to become a nuisance.
That was the first company I worked for. It gave me a sour taste in my throat that took sometime to get rid of. My a learned that I needed to ask for a contract and payment schedule. I ask for 30% upfront, 20% after the first sketches have been approved or a 10% kill fee, the final 50% upon completion. That is what works for me and seems to work for my clients.
I love your blog, and am glad I stumbled on to it. I learn a lot form every post!
@Blake – I’m glad you found my blog, too! Your story is a good one – I’m glad you learned from it, though. Sounds like you’ve got a good policy in place for yourself now. The “KILL FEE” is a good way to get paid for those who abandon the project or change their minds. That would have helped us with the American Eagle situation.
@Marie – You’re so right about the word “price”! I could write an entire article on that topic. I’ve gotten very comfy saying the word, though!
Thanks for all the comments, everyone!
Thanks for writing this post and sharing your knowledge and experience. I have to say it’s so surprising that big established companies don’t necessarily mean guaranteed payment… I’ve definitely be ripped off. It hurts…not just to the bank account, but your self-worth, your relationships, your emotional health…a lot of things are affected…not just that x amount money or hours lost.
One thing I’ve encountered that I never expected was a previous client that has paid without problems…suddenly disappearing and “fleeing” from payment. It’s really difficult when relationships just end in that way. I wonder if there is anything to do when there are outstanding invoices…collection agencies? Or is it not worth the trouble?
Linda, I agree – It is surprising that some of the larger companies will just not pay. And they have the power – some of the large surf companies I USED to deal with (won’t do work with them anymore) have this thing where NO ONE EVER answers their phones, not even the receptionist. You can leave messages, send letters, and nobody cares or responds.
One of the surf companies I used to deal with wouldn’t pay and wouldn’t return calls. I did a little detective work & got the CEO’s personal cell number and called it. He was pissed (how did you get this number, he asked), but he got his people to send me a check!
To answer your question – is there anything to do when a company doesn’t pay? You can take them to small claims court or sue, but if it’s just a small amount, I’d write it off to a learning experience and never allow it to happen to me again.
The best way to avoid the problem is to get your deposit, don’t hand the final work over until balance is paid in full, get contracts signed, and only do business with reputable companies.
In an ideal world…..
Thanks, Maria! If only we had that ideal world… I always wonder how these bad people can be living with themselves…it’s pretty horrible…
Hi Maria,
I agree with this completely and I think you did a really great job outlining it in detail. Several months back I had an experience with a client who basically disappeared off the face of the planet after about 10 hours of work. Fortunately it wasn’t a brutal blow, but I learned that lesson right then and there. I
I think that any client who is not willing to put down a deposit is worth walking away from. As you said for the artist doing stuff for free and fear of asking for a deposit is a sign of desperation. When people are desperate they don’t even do their best work.
I’ve spoken to gallery owners in San Francisco who had stories of how the wealthy “borrow” art on trial, or take it home and promise to pay later, or send in payments, but the gallerist never receives any money, month after month, years go by. The art hangs in the large homes of the wealthy as if they own it. The artist receives nothing. The wealthy know that the gallery owner will not dare complain since it’s a small city and the wealthy usually have power and connections. They use their position and power because they can. Often wealthy people look down on those with less.
Have you seen the video clip of actor John Voight vehemently complaining that Obama was going to take money from the rich and give it to the poor? (on the Huffington Post site)
Seems to be fairly standard that if you are at the top looking down
you typically have little empathy for those “beneath” you.
So as the wise yogis in India say, “life is a game.” Think of it all as a game that you have to play. Don’t take it too personally. If X makes a certain move, then you have to make yours.
Like Maria did “a little detective work” & got the CEO’s personal cell number and called it and got her check!
And why not? So he got pissed off. He was also thinking “she must have some connections so I better pay,” and did.
Love it! A very cool tough woman!
I did the fine art show circuit for decades and took commissions quite often – always with a 50% deposit and balance due on receipt of work – never had a problem, not once.
BUT . . . a friend of mine who does huge landscape paintings has people who ask if they can borrow the painting for a week or so “to see how they like it”. He takes a check for full payment and let’s them take the painting home on trial. This is fine and works out in most cases HOWEVER every time this happens BEFORE A BIG HOLIDAY the client brings the painting back saying it didn’t work.
Baloney – they wanted a big expensive painting to hang in their house during the holidays to impress their guests and they figured out a way to do this for free!
I told him that he should charge a “restocking fee” for any returned painting – say 10%. At least during the holidays. Or simply tell the people that his Holiday Rental Fee is 10% per week, lol!
it amazes me how so many people try and rip you off
sometimes friends too. the best thing to do is calculate
the hours spent on a piece and give yourself good hourly
rate beware of galleries as well one lost half my degree show
and claimed he did not recieve the work.
there are many charlatans in the art world and you must be
cleverer than they are once you have reputation you can start calling
the shots i.e large quantities for your work $1000 dollars or you can do
freelance graphics for blue chip companies for large payments.
you are as only as good as your last piece of work as well no getting
lazy and complacent or even arrogant the work you do should do the
talk.
its okay working for friends but be warey they might want something
very cheap ie $100 dollars for a masterpiece you have spent hours at
this is stupid and you will regret decisions like that made with friends
in a bar its not good to conduct business under liquor and you might
put your defences down.
get a reputation for good work the rest will follow your name your style and quality.
approach big galleries and think internatinally other countries have money as well
This is invaluable information. It’s such a simple business concept but it’s amazing how many people don’t know it.
My 3rd comment here, but wanted to share this related blog article:
*Profit is not a dirty word: It’s time to earn what you deserve”
http://shaboominc.com/blog/archives/profit_is_not_a_dirty_word_its_time_to_earn_what_you_deserve.html
Maria… Maria… Maria… Wait for it….
…
…
…
THANK YOU!!!!!!!!!
I love the sincere and down to earth quality of your writing. Like just about every one of us, I’ve gone through these problems before. I can tell you I’ve learnt more than just one thing from this article and I’m going to implement A LOT of this right away.
Again… MANY THANKS! -Danny
You are my hero, no, better: my heroine!
…and I’ve been told I was a tough cookie! ( In years of art and translation work I have had to chase after my money so often. And I have always got it! With a lawyer, if necessary.)
But you have really put together the arguments for up-front deposits. And I will use them!
Thank you!
Thanks! If I can save just one person from the perils of being ripped off, I’ve done my job!
[...] Brophy has How to Never Get Ripped Off Again for Freelancers and Beware of the Online Art [...]
Maria,
I always enjoy your open dialog about the business deals you enter into. You bring people like me years of information and give it all away. Thank you!!!!!! I need to set these guidelines in place for my business. I just got lucky collecting a 3 month old bill of $1,000. The client’s mother had to pay me via credit card on google checkout. I am not in the “collecting bills from dudes mother out of state” business. I am in the ART and INDUSTRIAL DESIGN bussiness.
Dustan, I’m so glad that you finally got paid! Okay, so now that you’ve learned from this, you know what to do in the future, right? Deposit and balance before giving over the goods.
Thanks for the kind words you wrote about my writings. I so much appreciate it!
[...] that is dedicating her life to helping creative people stay out of the poor house. Although her article on how to protect yourself from being ripped off is great, be sure to stick around and check out the rest of her site. She gives a lot of really [...]
fo sho, sistah! thanks…i am learning…props to you two for doing what rocks you and makin’ it work…peace and love from the land of j^pan…davej and tamaki
…used the 30 day clause last week (^_^)
I can agree that you should ask for something up front to show you’re serious about things. Even if you’re new, at least let them know you’re happy to do the work but that you mean business and they need to respect that fact.
Crap happens to everyone but in the end, it’s honestly your own fault for either doing it wrong over all or not learning from your mistakes.
What do you think?
I mean, I’ve never made money online myself but plan to and do have some skills and feel that my skills are worth money so if someone’s paying me, they’re going to pay me. Period.
Hi Maria, Great article! I have been freelancing for over 10yrs, and its amazing how this kind of thing still happends. But if you believe your work is worth it, then you wont be scared to ask for the deposit upfront.
I have a question for you, maybe you can help me with! Lately, I have been struggling with getting clients in (when I say lately, I mean the last 2years) and I have been using Elance and a few other bidding sites (I know!!) I have had some great clients through them, but the problem now is, I only getting half what I used to make, and I’m struggling to get back to were I was making ok money for my work! I want so badly to ditch this type of “exposure” but when your not getting anything in, then you have to do what you can! I know my work is of a high standard and that I can make tripple what im making now, but I can’t seem to get anyone to notice me outside of these sites!
I was with a client for almost 6yrs from 2000, and when that contract ended, I was left to relook at how I went about finding clients. I have 2 sites, my main site http://www.clintsuttonart.com, and my more focused one http://www.logomascotman.com , but Im not getting much work through them.
I guess Im just interrested to see if you have any ideas? As I have always loved Drew’s work, and Im a surfer myself, from South Africa.
thanks
Clint
[...] Paying a deposit is also a psychological thing with your client – you want to train them to view you as a professional who expects prompt payment, and they are fully committed when they pay half up front. [...]
[...] Paying a deposit is also a psychological thing with your client – you want to train them to view you as a professional who expects prompt payment, and they are fully committed when they pay half up front. [...]
With PayPal there is no reason not to be able to get full payment or a deposit UP FRONT – even on an emergency job!
Most companies and clients have a credit card and they can pay you via PayPal with it.
If you don’t already have your own Merchant’s Account to take credit card payments PayPal is one way you can. Yes, you’ll pay a small fee but just build that into your invoice – it’s usually around 3-4%.
You can even do this at a location outside your home – most smartphones can now access the internet and many banks have it set up so you can authorize credit cards on your merchants account via your cell phones too. I did this for years at art shows – and the money was transferred automatically to my account once it cleared, no trip to the bank to deposit it!
There are also bank transfers but they are a pain in the rear-end and their fees are much higher.
If someone balks at paying a deposit they are most likely going to give you trouble when it comes time to collect. I require a minimum 50% deposit on all quotes with the balance due BEFORE I transfer their job to them. These are my terms and I state them CLEARLY and in writing to all prospective clients.
PopArtDiva–love your strong business personality!
Even a client who is honest may be juggling bills and shuffle an artist to the bottom of the pile if they show signs of willingness to begin working without a deposit.
Even certain very wealthy people I have encountered have been on the alert for ways to forestall payments. PopArtDiva has good advice for *not* leaving any doors open to allow that.
Thanks for all the helpful information in the article! I really like the points about a person that isn’t willing to pay the deposit may/probably isn’t going to be willing to pay you for your work.
Hats off to you for sharing what’s working for you guys.. It’s great for us guys that are new to the game!
Cheers,
JJ
Re. the term “price”. Instead of that term, use “cost or cost to you” or, better still – “INVESTMENT”. Your client may have just PURCHASED a future MASTERPIECE!. Incidentally, in many years of painting I have never received a “bad check” from a client. On the other hand, I’ve had one gallery “disappear” with my paintings. I hope he’s never found!
Happy painting everyone.
Great article! This information is also helpful in our industry as well…
This is the best article ever! Well now one of my favorites. Maria this is extremely helpful and I can relate to a lot of it. Thank you for the post I have learned a ton from this!
Thank you for all the advice!
[...] can I get the cash flowing in so I can cover my expenses without charging?” One way is by getting a deposit up front from your [...]
Ok so this question would be in a worst case scenario for say a guitar, surfboard, skateboard, or any other kind of personal item from the client. What do you do if a person commits to the work, and they put a deposit down, but they don’t like the final work. Lets also say the final work is perfect and looks killer, but they demand their money back as well as their personal item. What do you do in that scenario?
Thanks Maria,
Its hasn’t happened to me but just in case if I ever get in that position it would be nice to know how to respond to the client.
Joey, Here’s my thought on that dreadful scenario you gave!
First, do your best to avoid ever having a client want their money BACK after you did your best work. Here’s one way – keep them apprised of your process the entire time. Example: First, email or show them sketches of what you plan to paint – get them to approve it before your paint it. Then, email photos periodically during the painting phase. That way there is no surprise.
Remember: Your customers are going to be people who have seen the other work you’ve done – they already know that they love what you do, that’s why they hire you.
We’ve never had this scenario happen – but if it did, even after we did our best, then unfortunately they’ll have to live with it. They knew what they were going into when they commissioned the work.
In the end, do your best work, behave like a professional, and only work with people who share the same values and ethics as you do….
Traditionally, the person commissioning an artist pays for all of the materials before work begins and none of that is refundable. If the person commissioning the artist doesn’t like the final work, they can walk away and the artist keeps the work.
[...] avoided this most of the time by using a 50% down or Advance required policy. Read my post called How to Never Get Ripped off Again to learn more about this wonderful [...]
[...] a whiz at the business side of being an artist, and this week she wrote a gem of an article titled, “How to Never Get Ripped Off Again.” She says it’s very simple to avoid being ripped off. You just have to do two things: 1. Require [...]
[...] Oh, and learn to feel okay about it. Sometimes things just don’t work out, and we don’t understand why. We just have to roll with it. (And be sure to always get a non-refundable deposit up front.) [...]
Thank you Maria. I have always taken 50% down and never been ripped off regarding commissioned work. However in consignment agreements with galleries it gets more complicated. They have a painting until it sells, by signed agreement they pay within 30 days. I have found out that a piece sold only when trying to get the work returned at the end of the contract and lo and behold the work was no longer at the gallery. Why? because it sold. Did I get paid? No. Did I know the owner well? Yes. I’m not sure how to avoid such a situation because one can only trust that a gallery will abide by the contract when leaving a painting with them. If they previously had a decent reputation and you get stiffed if they are struggling, it’s really quite frustrating.
Rosemarie, thanks for finding my blog and for the comment!
One thing about the Gallery that “forgets” to pay: A great remedy for that is to include in the consignment agreement a clause that states that there is a late fee, either in the form of a %, like say 1.5%, or a flat fee of say $20/month, that accumulates for every month they are late in paying.
I have such a clause in all my license agreements and consignment agreements. It’s amazing that when people know they are going to get charged extra, they will “remember” to pay on time!
Thank you Maria. That’s a great idea. This one didn’t forget at all. Initiated a call to tell me the check would be mailed that week. Called weeks later to say this week for sure, etc. Just never paid. Greater loss to me than the money was the friendship. It’s always the elephant in the room so eventually you leave the room. But that is a very good idea about a late clause for those who forget or think that the money due to the artist is a business loan.
It is extremely rare I ever post to blogs, but I came across your article today when searching “politely decline work if no deposit is offered”. Then I realized, after reading this, I don’t have to be so polite.
I now work full-time (however, it is not the normal 9-5 type setting). I still entertain offers, but as a contractor I have stumbled. . .not taking a deposit on the front is a bad mistake. Oh yes, this to be true, I know. So when a company (legit) from London approached me to conduct a feasibility study and to possibly head up their US Summit, I put time and a lot of effort into my proposal. Had a conference call with London, Even told them from the get-go that no work begins without a deposit. To which they agreed. Then it got time to get down to work and I re-emailed them about a deposit. Back-track is an understatement. As much as it pains me not to to take the consulting offer, I declined it this morning. This article makes me feel a lot better about my decision. Just something to reaffirm that even when tempted, do NOT take a contract without a deposit! Unlikely the business offering the work would do that, so neither should you!
Thank you again.
Thank you so much for your concise and professional advice. I live in NYC and it can be difficult at times to assess whether a client is serious. Thanks to you, I feel much more confident that I will no longer get ripped off. If you have any further advice/ experiences with copyright issues I would be very interested. Thank you so much!
Thanks for this article, I needed it lol… I am still in the awkward “proving myself” phase and that’s the self-defeating phrase for my money-woes with art. Also I have had SEVERAL bad experiences where when I request ANY money, I am treated like I am INSANE for wanting anything at all.. I quoted a lady only TWENTY DOLLARS AN HOUR to do a mural (and not a big one at that)— she literally called me INSANE and threw me out of the house saying no one would ever pay that… Next time, a small town asked me to repaint a sign on the town square. Not even a big deal. I quoted the same thing, he called me INSANE and threw me to the curb… Then 3 years later he gave up trying to get someone to do it for NOTHING and hired a painting company (not even an artistic painting company but a indoor wall flat wall color painting company) for 60 dollars an hour (oh you know I asked!!)… It looked really bad, they couldn’t even paint inside the lines, it looks like a third grader was trying to color a coloring book ha ha ha… I don’t know if I felt hurt that he chose these guys for 60 dollars an hour, or felt happy that he got his karma.
Of course I didn’t do either of those jobs, but that’s not the end of the many MANY stories I have had where I am treated like I am A NOBODY and I shouldn’t expect anything at all. I worked at a restaurant for a while where the boss asked if I would make some posters… I put a crazy amount of effort into it, even LUGGING MY iMAC DESKTOP TO WORK so he could be by my side and give his opinion as I worked… I gave him an AMAZING deal of only 15 dollars an hour because at the time I was still in art school. He said “I am only paying you 9 dollars an hour, and if you don’t like it I will fire you, and you can’t do anything about it because you need to pay your rent… Don’t be stupid, there’s no way I am paying 15 dollars an hour.” I couldn’t believe it…
It’s hard asking for the deposit and even TALKING about money, but I do it, because I have been burned so much. It’s good to know I AM NOT CRAZY. People DO pay GOOD money— I have to be looking in the WRONG places because for some reason I attract people who always try to take advantage of me. EVERY single person I have ever asked for a contract, they back out. If I ask for money, they IMMEDIATELY back out, and start SCREAMING at me. I mean they don’t just say “Sorry I don’t have the money.” I actually get a very horrible, emotional reaction from what I thought would be a potential client….
One guy told me when I applied for a job to design a car actually said “I have got investors now, but I don’t have money for you. You will have to do it for free.” It was such a slap in the face. Literally the guy told me he HAD the money, but it didn’t matter because the money wasn’t for me, and he wouldn’t pay me (pay an artist who ever HEARD of such a thing?????)
So I guess the point of this soap box rant is: “How do you find the GOOD deals?? I seem to attract the wrong people, is there an effective way to attract a decent, willing to pay, client base?”
(sorry for the rant, lol, this topic just struck a cord with me!!!)
Dear Kendra,
Wow, you have some painful stories here! To answer “How do you find the GOOD Deals?” This is a blog post I think I’m going to have to write!
Until then, here’s what you do: Don’t waste time on the bad ones. Be sure to be a very good communicator – make it clear, up front, what your fees are. Be good at what you do and have integrity (that attracts better clients). Work on your own reputation. Don’t get involved with people with a bad track record. And most important: Make it clear, from the beginning, that you are a business not a charity. You can train people to see you as a professional. It takes practice. Now, keep an eye out for my blog post with the long answer to this question!
I wish you the best!
I also really appreciate this article; no one ever teaches ” Contract Writing 101 ” in art school, but they should! I have similar horror stories, not including verbally aggressive people, luckily, but many instances where payment never came, was far less than promised, or was withheld for months. I have had to become much tougher as a business woman, and am still learning. Thank you for writing this article!
To any and everyone who has had clients pay late or had trouble chasing payment – please fill out our questionnaire!!
This is a problem we want to fix, but we need to make sure enough people want it!
It’s only 8 questions, 2 minutes, so your help is much appreciated
http://bit.ly/SepkiO
Thanks,
Jordan
[...] Often we have people come into our lives that promise us the moon (and lots of money), but don’t deliver. Many years ago we figured out a great way to make the bull-shooters disappear and the serious stay. (And it prevented us from ever getting ripped off again.) [...]
Great article. I really appreciated for helping other artist in the area that we need the most information to keep doing what we love..
Great article! And just to reiterate what you wrote and address past comments, do not, I mean D O N O T take on any job without at least a third deposit!! I can’t state this strongly enough. Every job I’ve taken on without a deposit has resulted in a ton of preliminary work that went nowhere and the potential client eventually bailing out for whatever reason. If a client can’t put “skin in the game” then they were never fully invested in the project to begin with!
[...] with individuals as well. Hooray! I highly recommend you reading through her blog, here is one of the posts that we mentioned in the interview. Aren’t they just the cutest…oh, I mean coolest [...]
great give me confidence !!!
My word, I cannot tell you how helpful this post has been. Answered all my questions in one go, and your actual real examples are super helpful. Thank you so much!
I NEED HELP.
I have a situation where I got a deposit and months later the client wants their deposit back.
I was commissioned to do a book jacket and 10 page illustrations for a children’s book. The refused to do business by telephone. They do it online only. I explained that the job will take some time because of the nature of the detailed nature of the work. I told them my fee for the book jacket cover. The client said that it was too costly. I shared that I was willing to work with them financially. I explained that I would do it for a royalty of one dollar per book copy sold and that I would need a deposit to cover material cost for each illustration. I received an amount that we agreed to that was well below the one-third to one-half deposit amount I usually require before I start a job.
I Accepted part of it and proceeded with research and sketches and acquiring material that I needed to get started. There was a deadline that I could not keep and upon asking for more time the client graciously granted it. A few days later the client change their mind, claimed they got another illustrator and demanded their deposit back with threats to collect within 24 hours. The new deadline has not expired yet. They contacted Pay pal to demand their deposit. Pay pal declined because too much time had past for them to do so. I am still working on the project and have devoted a lot of time in it. I have not given them anything tangible that they can use art wise. What are my rights? What can I say or do? Thank you.
Dear Eric,
Sounds like a stressful situation, but, take a deep breath. Step back for a moment. Look at it all with fresh eyes. And then determine the best action to take.
It sounds like the client is unhappy either because 1 – You missed the deadline or 2 – they don’t like the concepts you’re coming up with
And, the client has moved onto another illustrator, so I don’t think that they will use whatever you come up with anyway.
I’m going to assume that there is no contract. Which is a big mistake, and in the future, always put it all in writing.
So what to do now?
You could approach it this way: Knowing that you will never see another penny from this client, other than what you’ve already been paid, offer to produce a piece of art that they can use, in exchange for what they paid. This will make you feel better about it, and maybe make the client feel like they got something for their money.
OR: Just walk away. Keep your deposit if you did enough work to justify keeping it. Most likely, they won’t sue you for it, unless it was a huge amount of money worth fighting for.
A deposit is something that’s given to get the artist started, to cover their costs and time in the beginning. When a client changes their mind, and you’ve done the work, you don’t give their deposit back.
USE THIS AS A LEARNING EXPERIENCE – this is how we all learn in business – the hard way! In the future, to avoid these situations, do this:
1 – have a contract that lays out payment, deadlines, all details
2 – Keep your deadlines, even if you have to stay up for 3 nights in a row without sleep. This is what professionals do – they keep their promises
3 – keep an open line of communication with the client – continually check in to make sure they are pleased with your progress, or if they want changes, etc. (The fact that this client was looking for another illustrator tells me they were unhappy with something you were doing)
And again, don’t sweat this – these things happen to all of us in the beginning.
The most important thing is to learn from it, improve how you handle yourself and others, and never let it happen again!
I wish you the best!
Thank you so much for your hard work, your open honesty on what has and hasn’t worked for you, and on good business practices overall. You are disgustingly talented & I’ve learned so much from you. I pray GOD continually bless you, your family and your business. I’d love to hear your feedback on my work, if you ever get a moment to check out my website. Thank you again and please keep doing what you’re doing!
Hey,
Thanks so much for the article.
I am going to paint a 9 by 9 wall soon and settled for just 200$ for the entire deal . I feel rather stupid seeing the prices that are quoted around for the murals. There is also this that i am painting murals for the first time and I am kinda nervous about it . I am an artist AND have had exhibitions and painted shoes etc.. yet a little nervous.I got this job from a friend of my mom but after reading this i do get it that i need to b e professional about this stuff. Thanks
Great info, and thank you for such generosity of spirit! I do have a question, though: For mural artists, how can you “withhold” the final goods before handing them over, if the final payment is not forthcoming from the client? I can understand if it is a standalone piece (still in the artist’s possession), but let’s say it’s a mural at the client’s own home/business.
This is assuming the client has paid their deposit already, but how do we stay smart with a deliverable like a wall mural?
Thanks so much!
Gilat, that’s a great question. The best thing you can do to ensure that a mural client pays at the end:
1 – Make sure you’re working with a good client (not someone you don’t trust)
2 – Have them sign your agreement (it can be a one-page agreement – see my post on HOW TO PRICE A WALL MURAL for a sample agreement)
3 – If you are really worried, work out your payment structure this way: 1/3 up front, 1/3 halfway through, 1/3 at the end.
That should do it!
That makes perfect sense – so much of our dealings still rely on the timeless element of trust, don’t they? Thanks so much for your prompt response and insights, Maria!
Hello I’m having a difficult time with a client. A friend referred her to us and between coffee we mentioned what our prices consist of. Later without making a legal contract, we trusted she would pay and we began creating 2 logo designs that she said she needed right away. At that moment we realized we needed a contract or legal form to present to clients before designing. So, we emailed her with the proposal asking for 50% deposit and the rest at completion of project. (NOTE: we had already started on the project when we emailed her with the proposal.)She had mentioned at the beginning that she needed these designs within a week, HOWEVER, she did NOT check the proposal (that we so persistently urged her to look at) until a month and a half later, upon which she responded to saying “I normally pay less for a logo, thank you”. ?!?! We were so upset and with the timely work of 2 logo designs now unpaid. During the weekend I searched for an appropriate answer to reply to her but couldnt come up with a “professional” way to tell her everything. She wrote back before I could email her. In her email it read “I need to finish up all unfinished tasks. I;m leaving out of town and I need my designs finished. I am willing to pay $250 for the logo, Call me please”. The original price for a graphic logo that we offered in the proposal is $550 plus design for brochures, and she only wants to pay $250!! How do I address this issue? This is so unfair and under appreciated. We provide the logo designs in 9 formats and with a copyright. Should we offer the logo without the formats and copyright in exchange for $250, or should we not go for less than previously stated? PLEASE HELP!!!!!
Here is my basic answer, although you may not like it. The bottom line, and in fact the main point of this entire blog is DO NOT START WORK UNTIL YOU RECEIVE DOWN PAYMENT. PERIOD. And ESPECIALLY do not deliver the goods!!! If you do you are setting yourself up for, well, the situation you now have.
OK so that’s water under the bridge now. Here’s what I would do: Get the $250 UP FRONT BEFORE DELIVERY, give them a single .ai file or JPEG (NOT the layered files!!!) and run like hell, forget the brochure, then just chalk the whole thing up to lessons learned.
Dear Marla,
Thank you so much for the comment and the question. First of all, please learn from this one very big mistake that you made: you began the work without having the client agree to a price.
I don’t know many people who will pay for something without first agreeing to a price. Would you?
So, from this moment forward, always give a price quote before starting the work on any project. And, of course, get a deposit.
Now, how do you handle this problem today? I agree with Jim’s suggestion.
And the most important message Jim gave you was this: Chalk this up to a lesson learned.
I wish you the very best – and I’m so glad that you landed here because I do believe that from now on, you’ll be handling your business much more like a business!
These are absolutely geourogs! I love how you were able to catch them on the swings. Not easy to do for sure! They look like they were having a blast:)
I am so glad i found this article. I have been ripped off several times in the past two months and was getting so frustrated. Why is this happening to me i kept asking. Now it is so clear, had i asked for a deposit before i began the work i could have easily identified those who were never willing to pay me for my work.
Hi, having just read your post on how not to get ripped off I am still no better off ! Yes it completely makes sense to ask for a deposit up front especially if your doing commissioned artwork BUT if your a designer and the only way for you to get exposure is too send out your portfolio or a link to your online portfolio then how do you stop them from ripping you off? This has happened to me recently with a large greeting giftwrap company I quite simply do not have to finance to take them to court (they know this) and can just walk all over me, the only way for a freelancer like myself to get some exposure is to send a portfolio on spec. I have a couple of agents that also sell for me but on this one occasion the company in question did not want to deal with agents they wanted to deal directly and as a major high st name I thought innocently that they would be up front and honest, how wrong can you be! instead they have ripped me off and I cant see how I can stop this. I’m in a kind of catch 22 situation if I dont show my work it wont get ripped off and if I do I run the risk each time of being ripped off, I quite simply cannot win!!! This has upset me so much and finally after 20 years of trying feel like giving in and giving up on this dam design career.
Sarah, here are a few things you can do to prevent someone from stealing your art:
Make sure that you send only low res images to potential clients
All your images should have your (c) Notice clearly printed on them
Your name, phone number and email address should be clearly printed on all flyers that you leave behind.
When someone/a company “steals’ your art, promptly send a Cease & Desist Letter and shut it down.
Thank you for writing this article! I should have read it sooner…. I’ve been in business as a freelancer for 5 years. For the first time ever, I’m feeling extremely taken advantage of. Although, I usually require a deposit, I waved it a month ago for an art director/client an old colleague/friend of mine referred. The project was to be a quick 2 week turn around with his art direction. The art direction was vague and misleading, we missed the look and feel at first because what his client wanted was something very similar to their website – but he set me out on the wrong foot requesting something very different than the site. Now my client, the art director, has told me about urgent family matters he must attend to, and requested some of my files so that he could prepare them for the next step. He made it seem like an emergency, and so I sent them. I want this project in my portfolio, I also want to get paid. It’s been a month since the start date, and my work has been on hold for almost 2 weeks. Anyhow, I’m going to press on, contact him soon if I haven’t heard from him. But I can’t shake that feeling that I royally screwed up due to eagerness and blind trust and should have been savvy. I could of saved myself from a lot of anxiety.
Dear Judy,
Don’t be so hard on yourself, and take this as a learning experience.
I have found that the one time I made an exception to my Deposit up Front rule (for a friend) I got screwed over. SO, I never make that mistake again! Even with friends, we wait for the deposit BEFORE beginning the work.
IF the client is in a hurry, they will hurry up and get you money so that you can get started.
You have all the power here – DON’T start the work without the deposit!
It’s so simple. Now you know, and you’ll never make this mistake again.
Now, with this current problem – don’t give this person anything else.
Promptly send him an invoice with the amount due.
Call and follow up and find out when he’s sending the check.
Go pick it up if you have to.
This is how you take control over your business. And once you do, you will feel empowered, confident and happy about what you’re doing.
I wish you the best!
People still after completion think that they can get away without paying.
I have taken a 40% deposit and payment was due on completion and signed for, however they decided to bounce the cheque. The law in the UK means that you may as well kiss your money goodbye.
I just found your website today and I haven’t been able to pull myself away from it. Excellent posts, responses and solutions. I would like to add one more very valuable tidbit that I learned from a friend who is an intelligent gifted artist as well. He was commissioned to do some very high-end blacksmith work (interior railings & banisters) for an executive in the banking industry. He did make a contract that stated 50% down with all the terms well written. The company sent him a check and he deposited it. (It was good) except that it was for about 49 1/2% he called them, they said it was an oversight, it would be a lot of extra red-tape and you know they were good for the money. He completed the job. No more payment, why because with all of their very crafty lawyers the contract was not valid from the start because the terms were not met. So the moral of a hard earned lesson that he told me and I’d like to pass on is: whatever the terms are make sure you collect the full amount. Thank You Maria for so many useful articles. Peace to you & Drew.
Wow, Brett, that’s a bummer what happened to your friend. It is a lesson to all of us!
Thanks so much for the kind words about my blog. I’m glad you like it. Please, sign up for my newsletters so you’ll get my posts in your email!
what if you get a deposit but upon completion they will only pay you the deposit. Am I allowed to go get what I installed??
I had installed 16 growboxes which came with organic compost and soil and the free plants we gave them and dropped 80 garbage cans of mulch…the resident manager approved of it all and gave us a deposit…then the owners came back from vacation and wont give us a dime…cant i just go get my stuff if they wont pay for it??
Dear Marceau, I’m so sorry this happened to you!
I have two thoughts on this. First, prevention:
1 – the way to prevent this from happening again is constant communication. Remind the customer the day before the finish day that you will expect payment the next day. Then, remind them again the morning of the last day.
For your current problem:
Yes, go get your stuff! I don’t know if that’s legal, but I would be pretty angry if I were you. Wait until sundown and then go get it. After all, it’s not paid for. Let me know how it goes!
First, thank you for posting all of this useful information. Like so many others who have expressed their gratitude, this is so helpful for us artists!
Now, I have a situation that I desperately need advice for. I was commisioned for a painting a little over a year ago for a client/mutual friend. The client wanted me to paint a picture for her husband for his birthday and she was giving it to him as a gift. This was my first mistake in accepting the commision. Second mistake was I didn’t set up a contract. So… She told me the colors she wanted, the composition, etc. I emailed her pictures of a sketch plan a colored sketch and she picked her favorite from the selection. I then asked for a 50% deposit which she sent and it wen through jut fine. During the painting process I emailed her pictures of the process and she responded with praise! She loved what she was seeing. I asked her to email me pictures of her living room where she wanted the piece and I made sure to incorporate colors to accent. She loved it. After completion, I emailed a picture of the final product and she said it was “beautiful.”
I then gave her the piece and she said her husband would love it. She wrote me a final check, it went through, and the painting was now hers or theirs. However, after a few weeks she emailed me and said her husband didn’t like it and she wanted a new painting without paying for it and she would return the original. I told her I couldn’t “redo” it because of my current schedule and she now demands ALL of her money back and simply wants to return the painting.
What do I do!?
Ryan, I’m sure that everyone would agree, you have completed your half of the business transaction. Print out the emails as proof of satisfaction. Politely tell her that’s not how it works. You did everything correctly (except for not having a contract) but you have a verbal agreement and email documentation. If she takes you to court, I would assume you are well covered. It’s hard on the pride and you obviously have a conscience because you are writing about it but she/they are asking too much and business is business.
Thank you Brett. That’s how I feel and a second/ third opinion Definitly helps me have more confidence in telling her that.
Ryan, even without a contract, there’s no obligation to return the customer’s money. You did the work, you put in the time, you can never get that back. If you want to meet her halfway, tell her this:
“I’m sorry you’re displeased. I would like to make it right for you. Since I’ve already put in the time and materials for the painting you purchased, I cannot refund your money. But here’s what I can do: I will put it up for sale online (via Ebay, Facebook Website, whatever works for you), and once it sells, you can ship it to the buyer and I will refund your money at that time. If you want to commission me to paint a new painting for your husband, I will be happy to do so at 10% discount. Let me know what you decide. Thank you.”
That’s how I would handle it. That way, you are trying to help, but not giving the money back.
I hope this is helpful to you!
Maria, thank you. I have thought about re-selling it and giving her the money… But not all of it! It’s a hard situation because she is a mutual friend but I have to stand my ground on this and learn from it. Thank you again for the advice and I will let you know how it turns out!
Since just starting out I am excited about my first client other than family so I find this very helpful Thank You for posting it
Refer to Thomas Payne.Use common since.
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I LOVE YOU FOR THIS.
Its so easy to skip problems and make ourselves feel bad, but I believe we can all learn from our mistakes, and work on our self-stem, saying what we believe is right, at the end of the day, if you loose the client, then its no point of continuing, even when we re struggling with the money, or working with a famous person, I believe it all happens for a reason, and the reason is: it was not going to work anyway…