What Should I do if a Client Asks to Change my Contract?
/We’ve all been there: you’ve invested time and money into the perfect contract. You’ve gotten it all set in you CRM system. You’ve formatted it so the alignment is perfect and those SmartFields are poppin.🙌
And then… a client wants to change something. 🙄
What should you do? Should you accept the change? And….. how do you even MAKE the change without messing up your contract?
Let’s do a deep dive down into the nuts and bolts of changing contracts.
1. Ask yourself, “Why should I change my contract?”
This might be simple, but— do you like this client enough to stray from your standard terms and conditions? Is the money worth it? Is the potential headache worth it?
Many times, it is TOTALLY worth it. But sometimes, this can be a sign of a potentially high-maintenance client.
Start by asking if this client is worth it to you to change your contract.
For example: every time someone mentions that they don’t think chocolate and peanut butter should touch, that doesn’t mean Hershey is going to pull their best selling candy treats off the shelves. It simply waits for the next person who LOVES Reeses cups to come along and buy— because that’s their ideal customer.
2. Figure out what it is that they want.
What is the person trying to get out of this change? Remember: simply asking for a change doesn’t make someone “not-your-ideal-client.” But if they are asking for revisions of your entire service process? It might be time to accept they aren’t going to be a match.
For example: Do they want clarification for certain terms in your contract? Do they want more detail? This is a good sign. They’re thinking things through! And if they’ve got a question, odds are other potential clients may have these questions as well. Use this as an opportunity to revise and clarify your contract moving forward.
Do they want more photos, more revisions, more meetings, more mood boards? What about a faster turnaround time? A lower fee? This might be a sign that you’re on different pages.
3. Figure out what YOU want.
Look at your contract. Read the clause they want to change. Is that clause something that is important to you?
Here’s a common— and polarizing— example. COPYRIGHTS for photographers.
Some photographers want to keep the copyright, and feel very strongly about it. This can be a very good option for new, budding photographers who may not have a ton of weight to throw around in the event of a client conflict. Keeping the copyright ensures that if a client doesn’t pay you or adds 1000 filters on Instagram, you can leverage your rights to nip that in the bud. It also helps you ensure you have “teeth” in a demand to get credit in blogs and other publications, since wedding photographers are frequently left out of bylines.
Others are known for giving the copyrights to their clients (here’s looking at you, Katelyn!) . This is a personal choice!
One possible “middle ground” that will work in some cases? Requiring a higher fee for a contract change. They want additional hours of service? Higher fee. They want to make four payments instead of two? Add $100 for the additional time it takes you. They demand a faster turnaround time? Charge a $300 rush fee.
This serves several purposes: 1) it reinforces the client that this is an imposition for you, 2) it gives the client a choice, which means some psychological magic: they CAN pay to make it better, or they can choose not to. If they don’t pay, it’s their own fault, not yours, and 3) it helps you not resent the client for this change.
4. Determine how this affects you.
Think through the change they are requesting. Then think several steps AHEAD of the immediate impact.
(I also call this stage “planning for the zombie apocalypse.)
If you make this change, how will it affect you? How could it affect your team? And— in the long run— how could it affect your business?
For example, you’re a wedding planner. A client pushes back on your nonrefundable deposit clause. They don’t think that any fees should be non-refundable.
If you agree to remove this clause, you’ll probably land the client. Cool. Money. 💲💲💲
However, let’s move beyond the immediate impact. What happens to your cash flow if the client decides to cancel the wedding? You’ll have to pay them back everything they paid you. And if you don’t have that cash in your bank account, you’re in a BAD spot.
What happens if they don’t pay the second installment of their bill? Well, if you decide to terminate the contract/ “fire the client” and not show up to the day-of, you will have to pay them back everything they paid you. You’ll get $0. (Note: and that’s if you’ve given yourself permission in the contract to not show up to the event if they don’t pay. REMEMBER that you must put that in the contract, or else you’re required to show up— and then you’ll have to collect payment on the back end, which is always harder!).
That’s not a great situation to be in. 😬
As you can see, we need to think WAY down the road. Always think, “ok, what’s the worst case scenario here?” to try and flesh out those potential issues.
5. Check for any contract cross-references.
This is getting really specific, but it’s important. Say it with me now:
➡Change the numbering, change the cross references.⬅
What’s a cross-reference? It’s those little snippets of a sentence that refer to other parts of a contract, such as paragraphs, pages, or Schedules.
For example, “The Event may be rescheduled, with fees paid according to Paragraph 8.”
Cool, Paragraph 8 is GREAT! It’s all about cancellation and rescheduling fees!! ……. Oh…. but you inserted a clause before Paragraph 8. So now Paragraph 8 is really Paragraph 9.
….And Paragraph 8 doesn’t talk about nonrefundable deposits, cancellation fees, and rescheduling fees…
….And now you don’t get to keep that nonrefundable deposit. 🤦♀️
Yikes.
Make sure you go through and update any internal references. It’s not only polished, but can save your butt.
6. Don’t take it personally :)
It’s weirdly strange how requests to change a contract feel almost offensive, right?
I don’t think I will ever understand why— it’s just words on a page, after all. It’s not like we’re writing a masterpiece work of creative writing here! But for some reason, it’s hard not to feel….. put off.
Try to remember: this is business, and a request to change a contract isn’t personal. Sometimes it’s for clarity. Sometimes it’s because the couple doesn’t have realistic expectations.
It’s not an assault against YOU, even though it’s a demand for your time, energy, and mental space.
Asking for clarification on a contract isn’t insulting your integrity.
Wanting more specific terms actually helps both parties know what to expect from the other, and helps prevent confusion in the long run.
…..But don’t let someone bully you into changing your contracts. Trust your gut. If you see red flags, politely tell them they aren’t going to be a match for you— and move on. ✌
7. How to say NO
Simple. Even though it may be heart-wrenching at the time, simply say, “That is part of the way we work here at XYZ Events. We would love to be your wedding planner/ photographer/ venue, but we understand if that’s something important to you.”
If they really want to work with you, they still will. BAZINGA!
If they don’t, they will be able to find the person who can serve them best, and you are now open to take on an “ideal client”! Still a win!
Notes:
Corporate clients are going to have a LOT more “red tape” to work around when hiring vendors. They will usually require a lot more changes to a contract. However, they often understand the need for each party to feel “protected”— so it may be worth a bit of a back-and-forth.
Is your client a lawyer? Is your client’s parent a lawyer? It’s basically a given that you’re going to get some redlines. It’s their one time to SHINE— and it’s in their DNA 😂
If you’re ever unsure about what changing a certain clause will do for you, contact an attorney. It’s better safe than sorry.