Work to your heart's content

Shameless plug for a photographic show my photographer mum is in!

I dont' have an image from the show so one of mine will have to do!

I am often talking about how it's never too late to "work to your heart's content" and here's an example:  Hortense, my mother, took up photography relatively late in her life, certainly in her retirement.  It is now a source of great pleasure to her.  She and some other photographer's are exhibiting next week at the Custard Factory and the details are below.  Modesty (hers and mine) forbid giving you my mother's exact agebut suffice to say she is a brilliant example of finding something creative that you want to pursue and learning more and more over time about it.

Good luck to Hortense and all the other exhibitors!  Hope you have a great show!

F2: Photographic Exhibition depicting the ‘Miles’ at the Custard

Factory, Birmingham – Free Entrance

And so begins the journey. Miles is an exhibition of images by members of F2, an enthusiastic collective of aspiring photographers from the Fotofillia studio based in Birmingham. Inspired and encouraged by photographer David Rann, it explores the concept of ‘miles’ and the visual possibilities this presents.

This recently formed group of Midland based photographers is displaying their work in a 5 day art exhibition at The Custard Factory from Sunday 18th March to Thursday 22nd March 2012 during the Sports Relief week so come and enjoy a relaxing visual experience.  Photographers are showcasing work in a diverse range of interpretations all with a single theme of the Mile. This is a celebration of the ambitions and achievements of the photographers many of whom have not exhibited before.

Refreshments will be served on Sunday 18th March and the exhibition continues and is open to the general public each day up to and including Thursday 22nd March.

We welcome creative industry employers, gallery owners, journalists, photographers, TV crews, friends, family and members of the general public. Some work will be available to purchase. 

F2: Miles Exhibition is a wonderful opportunity to be inspired by the talent and passion of photographers of the Midlands in a beautiful and historic setting. The exhibitors look forward to meeting you.

If you have any questions about the F2: Miles Show at The Custard Factory, 

 Please call Laurence Sharma – Laurence.sharma@yahoo.com 07768 045289 or Sue Ball – Sue.ball@blueyonder.co.uk 07854 844691

The Custard Factory, Gibb Street, Birmingham B9 4AA: http://www.custardfactory.co.uk/

Posted by Helga Henry 

Effective public speaking is a skill everyone can learn

The other week I volunteered to take part in a Pecha Kuccha - a presentation format that originated in a Japanese architecture firm where the presenter speaks to 20 slides that are pre-timed to move on after 20 seconds.  I was nervous but in the end enjoyed the challenge of presenting within such a limited format.

I thought I'd speak on the fear of public speaking - and for added fear factor I didn't write what I was going to say - just prepared the 20 slides.

The video (which runs at about 7 minutes) sets out some of the tips I've previously written about here in the blog:  get a good opening and closing, learn how to use your voice and the technology, think about the format and the context.

I really meant it when I said that anyone, regardless of temprament or inclination, can learn how to speak in public more effectively.  I'm thinking of running some 1 x day courses for people who would like to learn the vocal and other techniques that wil give them the confidence and ability to speak in public.  When I was in New York I was lucky enough to spend some time with the amazing Young At Heat choir - a choir of elders aged 73 to 89 from Northampton Massachusetts.  The amazing Jeanne Hatch (born 1926) was a speech teacher and she said to me that speaking confidently was a life skill that prepared you for the "crunch moments" in life.  Whether you have to make some sort of presentation to get a new job, ask someone to marry you or to speak at major family occaisions like weddings, birthdays or funerals -  your ability to speak in public has a big effect on your life.  So it is just as well that, with a little preparation and skill building, we can all let our individuality shine through.

Posted by Helga Henry 

"A goal doesn't care who has it" - Zig Ziglar on goal setting

Posted by Helga Henry 

Contracts: Some headings for a contract checklist to get you started

from www.winnersedgetraing.com

Creating a checklist you can use when working out what the deal is with your clients or suppliers is a valuable exercise that can spare you a lot of heart-ache later.  Take some time to think through your transaction (Rapid Prototype it if you haven't started delivering it yet) so that you can anticipate challenges and sticking points.  Then you can create a form that you use which in turn can provide a template for your communications with a client in confirmation of your agreement.  Here are some questions and headings to get you started.

I WILL...

What, exactly are you going to deliver/sell? What and how many/much?  In what time scale and is the timing essential?  Is anyone else involved and are they in a contract with you (a sub-contract) or with your client/supplier?

AS LONG AS...

What are the dependencies or conditions?  What do you need to go ahead?  A minimum order, or number of participants, certain weather conditions, certain equipment or facilities. Make sure that these are clearly agreed and stated somewhere in an agreement together with an indication of whose responsibility it is to supply them. Do you need to confirm budget, samples or funding?  These are conditions, and they need to be shared and understood.  If the condition is not fulfilled you do not have a contract.  Be warned!

YOU WILL...

What is the supplier or client obliged to do (other than pay, of course!).  Do they need to provide materials, copy, information, premises, facilities.  If they don't do this in a certain time, what is the impact on the timetable?  Don't say you can build a website in two weeks from the date of the contract if it's dependent on an approval that you get on the 6th day of the second week.  Build any dependencies like that into your agreement as "within two weeks of receiving copy approval and final sign off.." or whatever. Do you need to append your brief to your letter of confirmation for clarity?  If you want it to be incorporated into the agreement refer to it and say it is incorporated by your reference to it.

WE WILL DEAL WITH PAYMENT BY...

Do you need payment in advance?  When will you issue and invoice and when will they pay (don't forget the T-shirts and Suits film on payment terms)?  Is VAT included or additional?  How will you deal with travel expenses or re-claiming costs of materials?  Do you want cash up front for materials?  What if you need to stay overnight somewhere or entertain?  What is and is not acceptable to claim?  Get it clear.

WHAT IF?...

Give a thought to what might go wrong and how you might deal with this in advance. What if there are cancellations?  Problems with quality?  What if your work is outdoors and made impossible by weather or other circumstances beyond your control?  What is it appropriate that you take responsibility for and what is the responsiblity, more appropriately, of your client or supplier?

This is by no means a full “legal” agreement which would normally have some standard provisions known as “boiler- plate” dealing with matters such as the chosen law of an agreement, how the agreement can be varied, how to serve notices and other matters.

Filling in the boxes above, and even just writing a letter to your customer confirming the issues identified will give you some clarity. In the absence of any other document- it will evidence the agreement between you. But for it to be effective it must be sent BEFORE you commence work.

Posted by Helga Henry 

Contracts: Deal or No Deal? (Offer and acceptance explained)

Image from www.tvgamesonline.com

In previous posts about the law of Contract a fundamental element was AGREEMENT, which is characterised as OFFER + ACCEPTANCE.

Many start up businesses and fledgling free-lancers can get particularly stuck on whether they have an agreement with a supplier or customer or not, and more importantly, on what terms.  If it helps during negotiations ask yourself "Do we have a deal here or not?".  It may also help to have some clarity on what constitutes an offer or not so here are a few definitions of what happens in a typical negotation.

First, an Offer is NOT an "Invitation to Treat" and the other way round:  A description of your services on a website, contact details in any listing or directory or a flier or brochure that you produce with general descriptions of your goods or services are, in legal terms, "invitations to treat" - an indication that you are available for business.  They are unlikely to be specific enough to constitute an offer.

So if a potentail customer sees your products or services on a website and contacts you - is there a deal?  Unlikely.

You have a conversation with this potential customer by phone:  for the purpose of this post, let's imagine that you sell workshops on textile crafts in education settings.

Potential Customer:  I need 6 afternoon workshops on a Wednesday afternoon from Mid February to Easter.  How much will that be? 

Is this an offer?  Again, unlikely, we don't have sufficient detail - it's more likely another invitation to treat.

You:  Yes, I'm available [there's conversation here that elcits the various details you need] - I charge £200 per workshop + materials and travel so that's £1200 + materials and travel.

Is this an offer? Yes, the offer is there to be accepted or rejected by the potential customer.  If the customer says yes, that's acceptance and you have agreement.  Deal on.  But if not...

Potential Customer:  Oh - I'm sorry I thought it would be about £20 - I haven't got anything like that money. Good bye!

This is exaggerated, but an offer can be rejected outright.  Deal or no Deal... No Deal, it's pretty clear!  However, what's more likely is the following: 

Potential Customer:  That's a bit tricky:  our total budget is £1200 and we would like 6 workshops so we couldn't afford materials and travel - can you do it for £1200 all in?

Deal or No Deal.  No Deal... but no rejection either.  So what is it? It's still negotiation.  This is a counter-offer: an offer made by the other side on the same subject matter as the original offer, but proposing a bargain that is different from the original offer.  A counter-offer, like an outright rejection, means that the original offer is no longer capable of being accepted.  You might want to think about how to respond to such a request:  if you just go ahead and accept without further negotiation it just looks like your prices have no real basis and you were just trying it on.  There will be more on what you charge in a post on consideration but for now, consider what you will "take away" from the offer in order to make a suitable counter offer.

You:  I see.  Well, the sorts of materials I will need are scrap materials from old dresses, sheeting and shirts, especially old cottons.  Do you have that sort of thing at school or could you get that collected?  Then if you got the thread and canvas (I'd send you a list) that would take care of materials.  And as you are local to me I'd be happy to do the six workshops for £1200 including travel as long as you provided materials and you did all the copying and collation of my training handouts to save my costs on that.  How long does the workshop need to be?

Potential Customer:  About 2 hours.

You:  Well, £200 is my rate for a 3 x hour workshop so I'm happy to include travel costs in that if it's a shorter workshop. So to recap:  I'll provde six workshops of 2 hours' duration for £1200 including travel on the basis that you will provide all the materials and copy my handouts.  Is that acceptable?

Potential Customer:  Yes, that's fine.

The response to the counter-offer by the Potential Customer was with another counter-offer.  By knowing the variables of the deal - travel, materials and time - the parties reached an agreement.  Deal or No Deal?  Yes, looks like a deal.

As previously mentioned - if there is sufficient certainty - it is perfectly possible to create a binding legal agreement orally but I would follow up this exchange with an e-mail or letter confirming all the salient points of the agreement and ideally, asking the recipient to print, sign and send back a copy as confirmation.  You can also create acceptance by conduct:  "If you send me a cheque for 25% of the fee as a deposit, this will act as confirmation of your order".

The trick is to know when you are still in negotiation and when you have reached an agreement.  This is where confirming your understanding in writing is so helpful - if you can't complete your "contract checklist" chances are that you are still in negotiation.

Posted by Helga Henry 

A belated response to a Career Agony Aunt Question - Strategy vs Tactics

Image from this poker website: 

I guess I'm saying there is no "right way" - there's your way!

Some time ago this was posted on the comments section of the "Monday Agony Aunt" post.  It's taken me a long time to respond because I kept getting stuck on what to say:  to give the BEST advice possible.  Then I realised that all the while I was thinking about the best thing to say - I wasn't actually saying anything!  So rather than be of some help, I was being no help at all! 

"Don't let perfect get in the way of good enough".  That's a great piece of advice that I would do well to take heed of.  So, somewhat belatedly, I offer a response to this question with a sincere apology to the person who posted it and with the fervent hope that something in it might still be of value. 

"I have tendered my notice from a good but ultimately mentally un-fulfilling job, I am at a crossroads, with almost too many options and need to be confident that the strategy I undertake is the right one.

I have 7 years design/marketing/Pr experience; self-taught marketer with passion and drive for all things creative. I have benefited from advice and teaching along my career so far and want to help promote and grow other creative businesses setting myself up as a creative and business consultant, whilst growing my own styling business which I have beginning to draw in freelance opportunities for. I have the grounding of good networks in media, design and PR; but feel overwhelmed by the directions I could or should take.

Most people are encouraging when I tell them of my plans, whilst others have reacted with moderate panic; wondering why I'd choose to do this considering the state of global economics.  Should I take a significant paycut and intern to gather enough industry experience in marketing, take a sabbatical and volunteer to a cause to figure out what I need out of my job, or move abroad to try to find work opportunities in Scandinavia, where I dream of living and working (as I have Family and Friends there)?"

So one of the dilemas I have in responding to this question is that it seemed so huge.  Where to start?

So I can start by saying congratulations on taking on the challenge of working to your heart's content...and tendering your notice at this challenging economic time is a brave step, but clearly one you were in a position to make.

On one level the answer I gave to a previous correspondent under threat of redundancy also applies to you:  You need to work out a Plan, a Financial Cushion and some Space.  Unllike that previous situation, you have made space by leaving your work - now you need a plan.

Your final three questions - do I take a paycut, have a sabbatical or move to Scandinavia - had me stumped.  I couldn't possibly say which was the best option for you and I think that's why it's taken me so long to respond.  On mature reflection, I don't think they are the questions that you need to answer FIRST (but I will offer some reflections on them in a moment).

I don't think they are the questions that need to be answered straight away because they are tactical.  In other words they answer the "how" to do something.  The question to answer first is strategic.  In other words, "what" are you going to do.  Not - I am going to work in PR - more about what your purpose is in working -  what difference are you going to make in the world?  In your post you mention wanting to help other businesses while growing your own styling business:  what do those two activities have in common?

Once you know your purpose (and I have written about some exercises here and here that might help that process) you have the "what" you are going to do - the strategy.  Then you can go about selecting the best tactics for that purpose.  That's when your other questions come into play.

Taking a paycut and becoming an intern will be a useful tactic if you decide that your life's purpose is best carried out by growing your expertise in marketing.  If your life's purpose is "to teach others and style the nation" (clearly I've made that up), working in marketing is  (possibly) a distraction.

Having a sabbatical might be useful if you think it would help you discover your purpose.  My experience suggests that your purpose is more likely to be found in your own thoughts and desires as opposed to you tripping over it while working for a "cause" that is not your own.  But it takes time, perseverance and possibly some coaching support.

Finally, the question that vexed me most was the one about moving to Scandinavia...and that, I think, is not a "what" question, or a "how" question but a "where".  No matter what you decide to do, work in marketing, take a sabbatical, launch a business, study for a qualification, you will have to do it somewhere...I guess the question is which location best supports the fulfilment of your tactics?  If you will be happier and have more support in Scandinavia, you could go there:  if the opportunities are better for whatever it is that you want to do in the UK - you could stay.

So I guess my "advice" is that when you figure out your purpose the choice around your tactics and where you chose to live has a context. Create your strategy - THEN plan its execution.   It could be that any of those options might fulfil your purpose (sooner or later), in which case you can make where you want to live be the deciding factor.  My mate Andy Bass has a very useful article about this here.

If it's any consolation - I got to the age of 45 before working out what I wanted my working life to be about.  Now I know that I want it to be about spotting and developing creative talent, and empowering people to present their talent in a way that works for them. I articulate this purpose in a variety of ways (including writing this blog) but it acts as a useful filter.

Whatever and wherever your purpose takes you - I wish you all the very best with it.  Good luck in your search, I hope it doesn't take you as long as it took me!

Posted by Helga Henry 

Top 43 sites for freelancers from Creative Boom Magazine plus my recommendations

via creativeboom.co.uk

I am indebted to Katy Cowan at Creative Boom - a great online magazine with News, Features and Tips on many aspects of running a creative business - for this rich and invaluable list of websites and tools for freelancers.   Over a number of categories, Learning and Inspiration, Project and Time management, Communication and General Tools, Legal Resources, Useful Blogs and Jobs, she has created a really comprehensive list, many of which are new to me.

I've already posted about some of the websites and resources I use, with special mentions in dedicated posts to Own-It and the IPO, TED, Lean Marketing and Khan Academy. But thanks to this article I've discovered the online tutorials at www.lynda.com and I think that's where I can skill up on Excel. This article also introduced me to Freelance Advisor which has a useful legal section that might point you in the right direction and subscribers can download a book of free advice for start up freelancers. I've just downloaded mine and will update this post with my verdict.

A couple of other sites I intend to get to grips with in the next year are Prezi.com for some really interesting presentation materials and Evernote for more efficient and useful curation of the world wide web.

In the Jobs section I would also add (for the West Midlands) www.jobplot.co.uk and there is always www.artsjobs.co.uk (from the Arts Council) to keep updated with opportunities for artists and practictioners nationwide.

In terms of inspiration I would also give a highly honourable mention to Brain Pickings and its creator, Maria Popova is a hugely rewarding person to follow on Twitter (@brainpicker).

So that's taken the list to around 50 websites and tools that creative freelancers might find useful? Does anyone care to add their favourites to the list? If we get another 50 we'll do Hot 100!

Posted by Helga Henry 

Final contract Do's and Don'ts - how to end a contract without tears

From the Flickr stream of Dill Pixels

So if you do not manage to resolve the contract dispute using negotiation skills, it may be that you have to bring the agreement to an end.  There will ordinarily be clauses that cover the obligations of parties when the agreement is coming to an end.  A well drafted agreement will also indicate the obligations that survive the termination of the agreement, such as guarantees (also known as warranties), confidentiality and licences.

Bear the following points in mind as your business contracts come to an end:

DO

•   try to get the other side to remedy any breach of contract they have committed before you try to terminate the contract (see Contract Guidelines: Problems with a Contract)
• read a contract first to make sure that you are entitled to terminate a contract before doing so.
•  consider all the relevant documents.  A contract should usually state what you must do in order to terminate (e.g. the notice period required).
• follow the contract’s requirements for termination precisely.  Make sure notices are sent to the correct address.  Use first class post and do not send by fax or email unless the contract says you can.  Even then, send a hard copy in the post to make sure!
• take legal advice if you are not sure whether you can terminate the agreement or not.  If you terminate a contract incorrectly you could be sued for breach of contract.
•  review all you written contracts from time to time so that you are aware of your obligations and rights in the contracts.

DON’T

•  stop making payments under a contract.  This will not terminate the contract successfully.
•  just return any goods held on a lease to the company you got it from.  You must make payments under a lease throughout its duration whether the equipment is still in your possession or not!
• consider that a contract is terminated because you are suing the other party or being sued by them.  You will still be liable to make payments under the contract until the court dispute is settled.
• forget that if you terminate a contract, you may still have to something to the other party under that contract.  If you ordered 100 goods and you received 50 of them (and they are acceptable) you will probably have to pay for the goods or services you actually received.  If in doubt check before terminating the contract.

Posted by Helga Henry 

Making a contract: some do's and don'ts

Image via http://www.keanhui.com/archives/652

Even if you decide not to study the ins and outs of contract law, if you follow these guidelines (and the ones on problems and ending a contract in subsequent posts) then you will probably be protected from the worst legal excesses in your business! (No guarantes though!)

DO:

·                     confirm contracts in writing.  Contracts can be made verbally but they are much more difficult to prove if there’s a problem later.

·                     keep the originals of any contracts and other documents that you relied on when signing the contract.  File them where you can find them again!

·                     put any claims made by a salesperson or representative about the goods or services in question into the written contract (particularly if you were persuaded to buy the goods or services because of those claims).

·                     check whether you can bring a contract to an end by giving notice.  Make sure you are clear about how much notice must be given and if you must do specific things before giving notice (e.g. pay all sums due in the contract).

·                     be clear about how you will measure the standard of goods and services provided.  If they fail to meet the required standard can the service be improved, the cost altered or the contract terminated?

·                     state in the contract when delivery or performance must occur.  If it must happen on the dates stated write on the contract that “time is of the essence”.

·                     also write changes to the contract down and keep a copy with the original contract.  Write to the other party confirming the changes with a copy letter for them to sign and send back to you.

DON’T:

·                     sign anything without reading it first! You are bound to all the items in any document you sign whether you are aware of them or not.

·                     sign anything you have read that you do not understand.  If you don’t understand something - alter it so that it is clear.

·                     agree to a contract that lasts for more than two years unless you can end it earlier by giving notice.

·                     forget to take and check up on references if the supply is for something important (e.g. company searches, credit ratings or satisfied customers).

·                     accept “Standard Conditions of Sale (or Purchase)” from the other side without reading them first.  You may get some conditions changed if you ask.

Posted by Helga Henry 

Why written agreements are preferable to oral contracts in business

via toothpastefordinner.com

Well the cartoon above is one (hilarious and cynical) view of business behaviour - in reality there are many advantages to "forging an agreement" then drafting, and signing a written agreement (And you'd be amazed how many businesses get lawyers to write an agreement but then don't take the last few steps in actually getting it signed and returned). Here are just a few:

• The process of writing down the shared terms and signing the agreement forces both parties to think about - and be precise about - the obligations they are undertaking. In fact, there is much to be gained by creating a checklist with the common issues you will need to agree so that you can have a structured approach to taking commissions or orders. With an oral contract, it is too easy for both parties to say "yes" and then have second thoughts. Where is your proof if a customer tries to back out? It's one person's word against the other.

• When the terms of a contract are written down, the parties are likely to create a more complete and thorough agreement than they would by oral agreement. A hastily made oral agreement is likely to have gaps that will have to be resolved later - when the relationship may have deteriorated. Again, it is important to clarify at the outset what is going to happen about expenses (materials, travel, subsistence and hotels, reprints, printing, finishing costs or other contractors). When you are out of pocket and your clients has "forgotten" that they agreed to pay for those things, you would be saved by a confirmation in writing in order to recover your cash.

• With an oral contact, the parties may have different recollections of what they agreed on (just as two witnesses to a car accident will disagree over what happened). A written agreement eliminates disputes over who promised what.

• Some types of contracts (for example, for the sale of land and certain financial guarantees) must be in writing to be enforced.

• If you have to go to court to enforce a contract or get damages, a written contract will mean fewer disputes about the contract's terms. In fact, the aim should be to have a document of such clarity and certainty that you won't actually need to go to court.

As mentioned before, however, please make sure that you understand every clause or paragraph of any document you sign for your business. If you don't: get advice or get the agreement changed or both.

Also, bear in mind that if you are simply selling goods in a variety of retail settings then you may not need a bespoke agreement at all. If your work is uniform and your goods and services are more complex, but always the same in essence (such as wedding photography, standard web services or PR support) you could consider Standard Terms and Conditions. It's important if you create them, that they are accepted by your client at the time of the acceptance of the offer. There will be more about standard terms and conditions in a later post.

Posted by Helga Henry