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Table of Content
Table of Contents
What Defines a Verbal Contract?When is a Verbal Agreement Legally Binding?How strong is a verbal agreement in court?When are verbal agreements not enforceable?How are Verbal Contracts Enforced?How can you prove and oral contract?Written vs Verbal Contracts: What's the Verdict?Benefits of written contractsSay hello to digital contractsCreate Professional Contracts with Bonsai
Learn to write the perfect freelance design proposals
7
Min Read
Writing a perfect freelance scope of work template or preparing a winning quote template is the heart and soul of getting new business. Without them, it’s terribly difficult to showcase your unique approach to helping them meet their goals. It’s what sets you apart from the competition, and it’s also one of the most dreaded parts of having your own business.
Are you curious as to how successful freelance UX designers, illustrators, and other creatives put together a home-run interior design proposal template or a logo design proposal template that’s more finesse than frustration? Use these tips to build the framework for your next pitch, and you can worry less while you grow your clientele.
Include The Essentials In Your Proposal
Not every freelance design proposal will include every one of these elements, but these are the most common sections to include:
- Cover page that includes name of services, client name, your name, and date
- A summary of the understood client needs
- A summary of how needs will be met via goals and expectations
- Fee summary
- Optional additional services
- Project timeline
- Next steps
- Terms and Conditions
- Signature page to accept or ability to decline/request revisions
Remember, some projects will not be that complicated and will not need many of these. You will also want to communicate a deadline to accept or decline the proposal. (You don’t want the prospect holding out too long before coming to a decision.) And don't forget to include both parties' signatures using Bonsai's online signature maker.
By enforcing a due date for action, you are valuing your time and ensuring you can keep your sales pipeline moving!
Remember Who It Is About
Yes, you need to really wow them with your knowledge of the industry and how you’ll distinctively capture their vision with a polished project. Before that, however, you need to show them that you know who’s boss. (And it isn’t you.)
Make sure your freelance design proposal starts out by capturing their business needs, their industry, and their specific obstacles. They are, after all, hiring you to help them – not the other way around. Speak language that shows you wouldn’t be there without them.
Get Informed
If you’re increasing your business at all, you’ll be continually learning new things. A branding proposal template is not the appropriate time to reveal that, however. Act confidently in your assessment of their challenges by taking time to research, research, and research some more.
What industry-specific solutions can you offer them? How are they going to rise above the competition through this project you build? You should be spending twice as much time researching in preparation for writing the proposal as you spend writing the proposal itself.
Include Case Studies and Client Testimonials
This isn’t a brag session, but it’s wise to backup your ideas with actual proof. Did this same approach bring in extra revenue for another client? Will it be easy to adapt to this prospect’s needs? Have other industry experts vouched for the method through studies, stats, or white papers?
While you shouldn’t treat your proposal as a case study, be OK with pulling out important quotes or stats that show you’ve done your research and that you are on track with a plan that has been proven before. While trailblazing is admirable, it’s also risky. Clients want reassurance you know what you’re doing.
Build Upon What Works
Yes, it’s OK to use design proposal templates. Professionals do it all the time. Just be sure you are customizing it to be the most personal, professional proposal you can possibly create. It’s not a sign of laziness, provided you don’t actually get lazy with the creation.
Bad freelance design proposals built from templates have included sections that don’t apply to the industry, client, or services offered. Other faux pas examples include leaving in filler text (“Lorem ipsum” is a no-no!) and even forgetting to switch out the previous prospect’s company name in the final pitch. Comb through any templates as carefully as if you were writing them yourself.
Break out Your Business Offerings
The best thing you can do in any freelance proposal is really show the value. List out all of the work you’ll be doing, line by line, so that they can see what goes into doing a project. You want to make it hard for them to object to your pricing by providing how much they will get for their money.
Doing this also shows them that you have thought the project through. Listing out “4 hours of research and brainstorming” or “3 hours client feedback” shows that you know what to expect and that you anticipate every step of the project. It gives them a realistic idea of what it will take to get the job done, as well, something that all prospects should have before they accept or reject a proposal.
Give Other Options
In an ideal world, a prospect will tell you what they want, you’ll understand it completely, and your design proposal will be accepted with no questions asked. Unfortunately, that almost never happens. In fact, it’s more likely that a proposal is just the starting point for attempts at negotiation and trying to get more for less. It’s just the nature of the business.
You can meet these realities head on by providing your ideal situation in a proposal, then also introducing two other options for both service and price. Take one option a level down in service (think a “lite” plan) without some of the bells and whistles that you normally provide but that aren’t essential for the project to be completed. (This could be reporting, for example.)
The other option should be a price up from what you want – often referred to as a “premium” package. This would have all the possible extras you could throw at a project, with premium pricing attached. Be sure that you are providing value for the add-ons, but that they are things you can easily scale and get more money for – without an incredible amount of extra headache. (If you hate doing something that’s unnecessary, it’s best not to even offer it.)
Rinse and Repeat
You should always save all of your proposals, so that you have a template for future work. (Even rejected proposals have good bones for new projects.) If a client comments specifically on a feature of your bid, be sure to mark that for inclusion in new proposals and possibly even bring that section front and center. (I had a proposal include a chart that the prospect just loved. I made sure to push that closer to the front of proposals after that, even spending more time to make it a full-color, in-depth feature.)
A Word on Outsourcing Proposals
There have been some freelancers who swear by hiring someone to do their design proposals. It’s really up to you if you consider this to be a good investment, but I’ve found that going through the proposal process yourself is essential to really understanding the prospects needs and personalizing the outcomes in a way that makes sense for your business.
With the tools offered in many freelance management solutions, it’s also easier than ever to do your own. The templates given are setup to help you put your best foot forward. Even if you aren’t a writer, the sample language can be a good start at communicating how you’ll be the best candidate for the job.
You can still have someone proofread your proposal for grammatical errors or even for clarity, but most creatives find that they have what it takes to put together their own proposal in a competent manner, and the exercise helps them to grow professionally! A well-written proposal is a trophy in itself; an accepted one is a true victory in freelancing!
Timeliness is Key
Finally, it’s important to share that you shouldn’t spend too much time crafting a proposal (and when writing graphic design contracts as well). Why not? Because studies show that 35-50% of sales go to the first vendor who responds to a request for proposal. That’s a pretty powerful statistic! Don’t delay in getting your pitch out there.
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What Defines a Verbal Contract?
A verbal contract (formally called an oral contract) refers to an agreement between two parties that's made —you guessed it— verbally.
Formal contracts, like those between an employee and an employer, are typically written down. However, some professional transactions take place based on verbally agreed terms.
Freelancers are a good example of this. Often, freelancers will take on projects having agreed on the terms and payment via the phone, or an email. Unfortunately, sometimes clients don't pull through on their agreements, and hardworking freelancers can find themselves out of pocket and wondering whether a legal battle is worth all the hassle.
The main differences between written and oral contracts are that the former is signed and documented, whereas the latter is solely attributed to verbal communication.
Verbal contracts are a bit of a gray area for most people unfamiliar with contract law —which is most of us, right?— due to the fact that there's no physical evidence to support the claims made by the implemented parties.
When is a Verbal Agreement Legally Binding?
For any contract (written or verbal) to be binding, there are four major elements which need to be in place. The crucial elements of a contract are as follows:
- Offer and acceptance: An offer is made and accepted by another party involved in the agreement;
- Consideration: The involved parties must exchange something of value (money, a service, time, etc), this is known as consideration;
- Intention and certainty: All parties must fully understand the terms of the contract and intend to make a legally binding agreement freely; and
- Capacity: The parties must have the capacity to legally enter into the contract; they're above age and of a stable mindset.
Therefore, an oral agreement has legal validity if all of these elements are present. However, verbal contracts can be difficult to enforce in a court of law. In the next section, we take a look at how oral agreements hold up in court.
How strong is a verbal agreement in court?
Most business professionals are wary of entering into contracts orally because they can difficult to enforce in the face of the law.
If an oral contract is brought in front of a court of law, there is increased risk of one party (or both!) lying about the initial terms of the agreement. This is problematic for the court, as there's no unbiased way to conclude the case; often, this will result in the case being disregarded. Moreover, it can be difficult to outline contract defects if it's not in writing.
That being said, there are plenty of situations where enforceable contracts do not need to be written or spoken, they're simply implied. For instance, when you buy milk from a store, you give something in exchange for something else and enter into an implied contract, in this case - money is exchanged for goods.
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get started nowWhen are verbal agreements not enforceable?
There are some types of contracts which must be in writing.
The Statute of Frauds is a legal statute which states that certain kinds of contracts must be executed in writing and signed by the parties involved. The Statute of Frauds has been adopted in almost all U.S states, and requires a written contract for the following purposes:
- The sale of real estate or vehicles
- Real estate leases lasting longer than one year.
- Property transfer following the death of the owner.
- The case of a party agreeing to pay debt for someone else.
- Any contract that requires more than a year to fulfil.
- A contract involving and exceeding a specified amount of money (which varies by state).
Typically, a court of law won't enforce an oral agreement in any of these circumstances under the statute. Instead, a written document is required to make the contract enforceable.
Contract law is generally doesn't favor contracts agreed upon verbally. A verbal agreement is difficult to prove, and can be used by those intent on committing fraud. For that reason, it's always best to put any agreements in writing and ensure all parties have fully understood and consented to signing.
How are Verbal Contracts Enforced?
Verbal agreements can be proven with actions in the absence of physical documentation. Any oral promise to provide the sale of goods or perform a service that you agreed to counts as a valid contract. So, when facing a court of law, what evidence can you provide to enforce a verbal agreement?
How can you prove an oral contract?
Unfortunately, without solid proof, it may be difficult to convince a court of the legality of an oral contract. Without witnesses to testify to the oral agreement taking place or other forms of evidence, oral contracts won't stand up in court. Instead, it becomes a matter of "he-said-she-said" - which legal professionals definitely don't have time for!
If you were to enter into a verbal contract, it's recommended to follow up with an email or a letter confirming the offer, the terms of the agreement , and payment conditions. The more you can document the elements of a contract, the better your chances of legally enforcing a oral contract.
Another option is to make a recording of the conversation where the agreement is verbalized. This can be used to support your claims in the absence of a written agreement. However, it's always best to gain the permission of the other involved parties before hitting record.
Written vs Verbal Contracts: What's the Verdict?
Fundamentally, most verbal agreements are legally valid as long as they meet all the requirements for a contract. However, if you were to go to court over one party not fulfilling the terms of the contract, proving that the interaction took place can be extremely taxing.
So, ultimately, the question is: written or verbal agreements?
Any good lawyer, contract law firm, or legal professional would advise you to make sure you formalize any professional agreement with a written agreement. Written contracts provide a secure testament to the conditions that were agreed and signed by the two parties involved. If it comes to it, a physical contract is much easier to eviden in legal circumstances.
Freelancers, in particular, should be aware of the extra security that digital contracts may provide. Many people choose to stick to executing contracts verbally because they're not sure how to write a contract, or they think writing out the contract terms is too complicated or requires expensive legal advice. However, this is no longer the case.
Say hello to digital contracts
Today, we have a world of resources available at our fingertips. The internet is a treasure trove of invaluable information, platforms, and software that simplifies our lives. Creating, signing, and sending contracts has never been easier. What's more, you don't have to rely on a hiring a lawyer to explain all that legal jargon anymore.
There are plenty of tools available online for freelancers to use for guidance when drafting digital contracts. Tools like Bonsai provide a range of customizable, vetted contract templates for all kinds of freelance professionals. No matter what industry you're operating in, Bonsai has a professional template to offer.
Benefits of written contracts
A written contract makes the agreement much easier to prove the terms of the agreement in case something were to go awry. The two parties involved can rest assured that they're legal rights are protected, and the terms of the contract are sufficiently documented. Plus, it provides both parties with peace of mind to focus on the tasks at hand.
Create Professional Contracts with Bonsai
Bonsai's product suite for freelancers allows users to make contracts from scratch, or using professional templates, and sign them using an online signature maker.
With Bonsai, you can streamline and automate all of the boring back-office tasks that come with being a freelancer. From creating proposals that clients can't say no to, to sealing the deal with a professional contract - Bonsai will revolutionize the way you do business as a freelancer.
Why not secure your business today and sign up for a free trial?
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