Re: FLASH: RE:"Client from hell", what NOT to do.

[Olympic Health Management Systems]

David & everyone....can someone supply or at least point to a good resource

of a "general" contract that can be used in such situations. Like you said,

many of us are so concerned with the artistic aspect of design, that

legalities, etc...sometimes are not addressed fully. I would like to learn

more about this and have a look at some generic, if not actual contracts

being used. Thanks in advance for any help...Tom


At 01:08 PM 3/19/99 -0800, David Gary wrote:

>Mary Brzys wrote;

>

>>Hi group,

>

>>First before I launch into this sorted tale that hindsight is 20/20,

>>and I should have know better.....All I wanted to do was illustrate in

>>Flash. I hope no one else has to deal with someone like this, and if

>>you come across this company: Xtreme Multimedia you've been warned!

>

>>One day I got this call from a friend of a friend "We have a job for

>>you two, it's a Flash Job, for Visteon are you interested?" I said

>>sure, love to!  They being Xtreme Multimedia took the job thinking

>>they could do it themselves, but they didn't know Flash and so they

>>contacted us via friend of ours: Spot-Design

>

>>We had a meeting at Xtreme Multimedia's office in downtown Detroit.

>>The meeting went well, they supplied us with a copy of a copy of the

>>original storyboards and they gave us the basic rundown on what they

>>wanted.The client knew some things about Flash already which was an

>>advantage. We were supplied with some source files and an existing

>>FLA. We created a new FLA and used their's as reference.

>

>>I created custom Illustration using their source files as reference.

>>During the course of this project,  someone changed the design concept

>> at least 3 times. Pulling out half the Illustrations and wanting

>>different ones in their place. Well that wasn't a problem, the problem

>>was they didn't give me different source files to work from.

>

>>There was a deadline fast approaching and it was moved up by 4 days. I

>>took it on myself, seeing as I didn't want to miss this deadline, to

>>find source files that would make the job work. I also found sound

>>files that work as well, they weren't supplied.

>

>>So now we have a new deadline, and we were told this was the design

>>that we were going to go with. That was 2 days before the deadline.

>

>> Along comes Xtreme Multimedia with the idea "Oh yeah,  by the way,

>>they've changed their mind again, they liked the first idea, but with

>>new changes can you change it back? Do you still have the original FLA

>>and could you redraw VEMS using this: It's a copy of the manual to

>>draw it? Here's some more source files, maybe you can use them" We

>>really didn't know what to say after that..........either laugh or

>>scream!

>

>>We pulled an all nighter and re illustrated VEMS to their

>>specifications and navigation. It ran well, and it looked good. Xtreme

>>had asked for the FLA's as backup, so after we talked on the phone and

>>via eMails we would ftp it to them. There was a discrepensy with it,

>>they said they couldn't open it, and would I send it again, she kept

>>saying this....finally I said, "I'll send you the finished FLA when we

>>hit the deadline"

>

>>The deadline was changed at the last minute and Xtreme said, that she

>>was going with the swf file that I had sent prior to the final

>>finished changed swf. I was really confused at this

>>point..........This job seemed like it took a lot longer than it

>>actually did, I don't know why.

>>We learn a lot anyway, a lot about Flash and a lot about some other

>>stuff as well.........

>

>>I didn't find out until 3 days after the job was completed that it was

>>only suppose to be a consulting job for 3 hours, it blossomed into 88

>>hours total. I've have yet to be paid for this job! It's been 91

>>days.....

>

>

>Hiya Mary,

>

>This is a prime example of a situation where the developer had no

>control over the project and lack of  professional

>direction. Flash is a new medium, but the business side is still the

>same and shouldnt change much. The internet has given alot

>of people opportunitues that they didnt have before, however more often

>than none, they dont research the business side

>of the application.

>

>Traditional artistic media has either been handled by an agent, but most

>often by a business minded freelance artist.

>You _must_  know the business side of your trade, because if you dont

>and you handle a client like the example above,

>you are hurting the industry as a whole.

>

>First, this client should have been well aware of the developer's

>process and should have been sent forms(contract)

>on exactly what is expected of both parties.

>

>Second, half(50%) of the project's commission should have been paid for

>up front before ANY work was started

>(no exceptions, this shows the developer/designer that the client is

>serious. If the client refuses, move on, because chances

>are, you will have problems getting paid when the project is finished).

>30% of that should be non-refundable due to client changing mind,

>scrubbing project, etc. This protects the developer and his time spent

>and should be stated in his contract.

>

>Clients changing their mind is far from new. Most logo illustrations Ive

>been commissioned for require at least

>5 to 10 examples, not just one. This is a norm.

>In FLash, it should not be a suprise to redesign interface several

>times, however, schematics(how things are to work or "the model" and

>complex animations should be created as storyboard first, If this step

>is overlooked, you can end up with a uge mess and going waaay over your

>client's budget.

>Storyboarding is a quick way to show your client/agency  the "vision" of

>the project and gives them a chance of opinion, which

>they ALWAYS have. Storyboarding cuts out "redos" or "start from

>scratches"

>Storyboarding is something most web designers no nothing about since

>they are not animators.

>If the client changes their mind from the original agreed upon concept

>or  "vision", then the budget changes and

>most of the time a new contract is drawn up.

>

>The web is a great way for a creative person to grab opportunity,

>however it can also trash the professional standard

>of a particular industry if its not handled professionally. It makes it

>much more difficult to explain to a client what the standard expects by

>the next "professional" that has to clean up an amatuer's mess

>

>The net is 80% people who have Photoshop and a wysiwyg HTML editor

>claiming to be web designers and they're usually the people who have no

>clue about contracts, legalities or handling online identity campaigns.

>This is one reason that there is a stereo type that art and design

>should be free or inexpensive.

>

>> it blossomed into 88

>>hours total. I've have yet to be paid for this job! It's been 91

>>days.....

>

>Not to impune Mrs. Bryz business, but this is a prime example of what

>_not_ to do.

>I dont care if its your brother in law's friend's uncle's buddy. A

>contract should be agreed

>upon.

>

>It has also brought up a good discussion for amatuers to learn  Flash

>"Business" which is simply non-existent on this list.

>

>-DG-

>

>

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thomas.moeller

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www.ohmsystems.com

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