Contract work limits?

Rockley Bonner

Cruising through job sites I've thought about contract work and doing what I need to do to get experience before landing a full time position. However, I've recently heard horror stories about contract work from not being able to work for another studio for 8 months under contract and forcing to take unemployment to being layed off for a few months without pay because you can only work for so many hours until you can legally be allowed to work again.

Im all about doing whatever it takes but if im being forced not to work under contract then I see that as a problem. Is this stuff negotiable at least?

Jonas Ronnegard

most contracts at least where I have been at have that written, but they never enforce it, and if you ask about it they will probably tell you that it refers to something else or that you don't have to worry about it.

It's not something that is just for contract in house positions though, all my contracts had some kind of similar line.

Eric Chadwick

Contracts are always negotiable. Always. You just need to learn that it is a barter system, not a 1-sided hammer.

A contract is at the core a communication tool... here are the players, the rules we'll both play by, the dates and details, what the money is, how we're going to handle changes, etc. All negotiable.

If you encounter a client unwilling to negotiate, it's best to walk away. They're going to screw you over at some point, they're not acting in a professional businesslike manner.

When I get a sample contract, I cross out the parts I don't agree with, and offer an alternative or a reason.

Limit my work afterwards? Ok but that will cost you extra because I'm losing work from other clients.

Non compete? Only if it is narrowly defined to exactly the same type of game and market. Can't cast a wide net there, I'll go out of business. Etc.

Just be reasonable, and expect the same from them. Better communication up front always wins!

I highly recommend reading up on artist contracts and employment info. This book I cannot recommend enough...

Graphic Artists Guild Handbook: Pricing & Ethical Guidelines

Amsterdam Hilton Hotel

I haven't heard of non-compete clauses for contract artists. That sounds insane. Being able to leave your job for a better one is major leverage, don't give it away for nothing. 

beefaroni

Rockley Bonner said:

Cruising through job sites I've thought about contract work and doing what I need to do to get experience before landing a full time position.

Contract work isn't a prerequisite for landing a full time position. 

Also be careful not to confuse experience with skill. I have seen someone with 0 experience and a great portfolio hired full-time over someone with multiple games shipped but a very weak portfolio.

Autocon

Never heard of a non-compet clause for contract artists. I would never abide by that at all and would have it removed from the contract before I signed one if I was in that situation.

I do know some places can only retain you for 9 months on a year long contract and if I recall that was mainly so they could get around states laws such as requiring health benefits and such. So when they say you are getting a year contract it just really meant 9 months and you would have to find something else to do for those 3 renaming months till they could hire you on again.

This actually happened up at Bungie when I was working on Halo Reach. Some contract artists had there contracts hit the 9 month mark right before crunch was happening and had to just chill unemployed until they could comeback and crunch to finish the game. Super weird.

Rockley Bonner

 

Autocon said:

Never heard of a non-compet clause for contract artists. I would never abide by that at all and would have it removed from the contract before I signed one if I was in that situation.

I do know some places can only retain you for 9 months on a year long contract and if I recall that was mainly so they could get around states laws such as requiring health benefits and such. So when they say you are getting a year contract it just really meant 9 months and you would have to find something else to do for those 3 renaming months till they could hire you on again.

This actually happened up at Bungie when I was working on Halo Reach. Some contract artists had there contracts hit the 9 month mark right before crunch was happening and had to just chill unemployed until they could comeback and crunch to finish the game. Super weird.

Hmm, I would assume they where rotating contractors so they could always have contractors working? If it was a break to get around benefits I could understand just as long as I was guaranteed work afterword's. If I was layed off for 3 months then not hired on after then that would be a waist of time not job hunting IMO.

Jonas Ronnegard said:

most contracts at least where I have been at have that written, but they never enforce it, and if you ask about it they will probably tell you that it refers to something else or that you don't have to worry about it.

It's not something that is just for contract in house positions though, all my contracts had some kind of similar line.

So violating a non compete is low risk then? Would there be a reason to pursue you legally if you did technically violate said contract? Do employers ask if you're currently under a non-compete before you sign another contract? Thank you for the info though not trying to sound pushy just weighing the risk vs benefits

Amsterdam Hilton Hotel

Rockley Bonner said:
Hmm, I would assume they where rotating contractors so they could always have contractors working? If it was a break to get around benefits I could understand just as long as I was guaranteed work afterword's. If I was layed off for 3 months then not hired on after then that would be a waist of time not job hunting IMO.

They want people on contract because they're cheaper, but they can't legally keep people on contract forever. What happens is they let the contract lapse, wait for the legally mandated X month period, and then attempt to hire the person back, once again on contract. There's no guarantee you'll be hired back just like there's no guarantee you'll be rolled from contract into fulltime. Companies like optionality.

Probably half the workforce or more was contract when I was at Sledgehammer, and many had to leave and come back, or had their job titles changed in order to keep them on contract longer.

Jonas Ronnegard

Rockley Bonner said:

 

Autocon said:

Never heard of a non-compet clause for contract artists. I would never abide by that at all and would have it removed from the contract before I signed one if I was in that situation.

I do know some places can only retain you for 9 months on a year long contract and if I recall that was mainly so they could get around states laws such as requiring health benefits and such. So when they say you are getting a year contract it just really meant 9 months and you would have to find something else to do for those 3 renaming months till they could hire you on again.

This actually happened up at Bungie when I was working on Halo Reach. Some contract artists had there contracts hit the 9 month mark right before crunch was happening and had to just chill unemployed until they could comeback and crunch to finish the game. Super weird.

Hmm, I would assume they where rotating contractors so they could always have contractors working? If it was a break to get around benefits I could understand just as long as I was guaranteed work afterword's. If I was layed off for 3 months then not hired on after then that would be a waist of time not job hunting IMO.

Jonas Ronnegard said:

most contracts at least where I have been at have that written, but they never enforce it, and if you ask about it they will probably tell you that it refers to something else or that you don't have to worry about it.

It's not something that is just for contract in house positions though, all my contracts had some kind of similar line.

So violating a non compete is low risk then? Would there be a reason to pursue you legally if you did technically violate said contract? Do employers ask if you're currently under a non-compete before you sign another contract? Thank you for the info though not trying to sound pushy just weighing the risk vs benefits

Kinda surprised people haven't seen this in more contracts, I have seen it a lot, might have changed. But yeah I was told it was mostly that they didn't want you to give away ideas of the game you are working on to a similar title but I was free to go anywhere I wanted anyway. But of course the best way to handle it is to ask about it before you sign it and get it out of the contract, shouldn't be there in the first place.

kanga

This discussion comes up every so often. Im not sure how legally binding a signed contract of this type is, because I never signed one. When I do freelamce work for clients they never mention restrictions like these, well it would be kind of absurd. Im guessing if there are enough people desperate enough then the firms dolling out these terms have nothing to loose. I politely nod when I hear this from a would be customer and then state my terms and leave the decision up to them. I gotta eat after all

Cheerio