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Contracts

Disclaimer: this should not be construed for legal advise or be used in lieu of the services of a licensed professional. this section is merely to act as a guideline for things to be aware of when putting together your working agreement with a narrator or producer.

This is where parties on both sides can fall into pitfalls that will stymie them and potentially give them a bad experience with producing an audiobook (or, frankly, any situation where you need to hire a freelancer or contractor).

You should still make sure that both parties are clear as to the work that is supposed to be completed, any deliverables, deadlines, and payment schedules. There should also be a clear “out” for all parties, a way that they can leave the contract without either not getting paid, or getting taken to the cleaners without having the work completed.

Ultimately, this makes things easier for everyone. Both parties know the work that is to be expected, and the agreement makes it easier to find solutions to any conflict you may have. In fact, a well-worded agreement may actually head off many disagreements before they happen.

All of this needs to be in writing!

If you’ve watched any daytime courtroom shows like Judge Judy or People’s Court, you will have undoubtedly seen a situation where there was a verbal agreement between two parties that one party didn’t hold up, and it becomes a case of they said versus they said. It becomes harder for a judge or referee or arbitrator to figure out the truth of the matter, and things may not go your way.

You’ve also seen it where one person has something in writing to present to the court, and the other is trying to hold on to a verbal agreement. Which one fares better?

Get your agreements with narrators/producers in writing, and any changes to the agreement in writing as well. It can be as simple as emailing them, but have it in writing.

So what needs to be in the agreement?

The nature of the work

This, in this circumstance, is where you agree to furnish a completed manuscript to the narrator, and they agree to narrate the manuscript and provide you with the files.

But wait! There’s a lot of ambiguity here, you need more in terms of defining the work. Find out the following:

  • Will these be finished/mastered files that are ready for upload to whatever site(s) you are distributing your book through? Or are they providing you with the raw audio, and you will need to hire an editor to finish the project?

  • How will mistakes and/or errors be dealt with? Is the expectation that the narrator will go back as many times as required to properly pronounce words or read the words correctly on the page? Make sure this is clear.

  • Will the audio be free of excessive or distracting breaths and mouth noises? (The answer is, “Yes, it should be", but it’s important to have this mentioned in your agreement.)

  • Will character voices (if required) need to meet your approval? Or does the narrator get carte blanche to interpret the characters any time that they want?

These are just a few of the questions you will need answers to just for the nature of the project. You may think of more, and feel free to ask them. It’s better to have that understanding now, prior to the project starting, than finding that the answer isn’t one you like when you’re knee-deep into the project.

The timing of the work

You should have in relatively clear terms how long the project will take.

This is where the narrator may take the driver’s seat a little bit, as the time it will take to complete the project to the specifications mentioned above will be largely dependent on their work schedule and work load.

There should also be some flexibility here. If the narrator gets sick or loses their voice, or if there is an equipment failure, or some other legitimate reason why they work is delayed, there should be an accommodation for that.

There should also be a relatively defined “end date” where, barring any unforeseen circumstances, you or they can pull the plug on the project if it’s taking too long.

Which brings us to the next point:

The timing for project communication

How often are you expecting your narrator to check in with you? Weekly? Monthly? Daily?

There is no correct number here, merely what both you and the narrator are comfortable with.

That said, it should be made clear that if there are going to be delays in production, the narrator needs to communicate that to you as soon as possible. The same is true if either party is starting to feel like the project isn’t a good match.

Also, what happens if the narrator ghosts you and stops responding to your communication? Or vice versa? This can be one of the “outs” in the agreement, where if a party stops communicating for a legitimate reason, the other can either dissolve the agreement or can at least create a reasonable delay in the end date.

Hopefully it doesn’t get to this point, and good communication can prevent this.

The payment for the project

How will you be paying the narrator? PayPal, Venmo, check, etc? Who will cover any fees incurred by the system used?

Which payment method will you use?

Will you be paying for the entire project once it’s completed and approved by you, or in installments? Will you set milestones to spread the payments out?

What happens if the contract is dissolved? How much will you be on the hook for?

There is no right answer here other than you should have an answer. If you don’t, you could find yourself in a situation where you are paying for a “completed” audiobook that isn’t up to spec, leaving you with the unappetizing choice of either paying someone to fix the files for you, paying a new narrator to complete the project from scratch, or giving up on the project entirely.

The “exits” for the project

What are the various ways that either party could leave the project? What are the various ways where either party dissolve the agreement without the other’s consent?

Some of the reasons why an agreement may need to be dissolved:

  • Undisclosed language/situations in the manuscript that the narrator isn’t comfortable with

  • The narrator realizes that the project is beyond their ability to complete to your satisfaction

  • The narrator doesn’t have the time to complete the project by the agreed-upon deadline

  • The narrator or the author stop communicating with the other person (ghosting)

  • The narrator’s work is routinely not of quality

  • The project is taking too long and the narrator isn’t able to complete it on time

  • The manuscript isn’t ready, and the narrator doesn’t want to complete a project that isn’t ready

There are many other reasons that an agreement may need to be voluntarily ended, and it’s important that you a) have some of those reasons outlined, and b) have a clear understanding of if any payment is due based on the work completed, and how much.

This may sound like a lot, but having this information up front will save all parties a world of headaches later on.

Again, this information should not be in lieu of consulting a lawyer or legal professional that will understand contract law of your state and municipality better, and can help you ensure you have yourself protected.