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WIthdrawing Design from Client After Payment

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  • WIthdrawing Design from Client After Payment

    I've been waiting on this client to sign two contract for months now. I want to just give them their money back and withdraw the designs from them, is this possible?

  • #2
    And I know this sounds unusual, I just cant work with this client anymore and don't want them to use the designs, and I don't want my name attached to the designs most importantly.
    Last edited by haileyfield; 09-21-2015, 04:40 PM.

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    • #3
      Do you have something in your contract stating under what circumstances you can kill the deal?
      Shop smart. Shop S-Mart.

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      • #4
        cancellation

        In the event of cancellation of the project, ownership of all copyrights and the original artwork and disks shall be returned to/and retained by [me] and a fee for work completed, based on the payment schedule/hourly rate and expenses already incurred, shall be paid by the client.

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        • #5
          So that seems to cover if *they* cancel, not you, yes?
          Shop smart. Shop S-Mart.

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          • #6
            If they haven't signed am I still screwed?

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            • #7
              I guess, would I be a terrible human being for asking him not to sign them and giving his money +10% back?

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              • #8
                So you started work without signed contracts, then delivered proofs to them without signed contracts?

                <--- not a lawyer.

                That wasn't smart.
                This post is brought to you by the letter E and the number 9. Those are the buttons I push to get a Twix out of the candy machine.
                "I put my heart and my soul into my work, and have lost my mind in the process."

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                • #9
                  I sense a learning experience in progress.

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                  • #10
                    If you have delivered work and they have paid you, my guess is they think they own the art and everything is cool. Not sure why you would have a contract, then deliver work without it being signed.
                    Shop smart. Shop S-Mart.

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                    • #11
                      It's a long stupid story to say the least but I submitted a design through a contest site, they wanted more designs and me being stupid and inexperienced with clients just made them and sent it when they sent me the money rather than sending the contract first. Definitely not smart and huge learning experience for me.

                      I'm not sure why I did that either; I know it was stupid, I asked to get help and not feel pushed deeper into this hole I'm in.

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                      • kemingMatters
                        kemingMatters commented
                        Editing a comment
                        If it was a contest, they're not a client. This is expected behaviour of those who solicit spec work (aka design contests), you're lucky you got anything.

                    • #12
                      Stupid question and I can't delete the comment.

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                      • #13
                        Knowing those details now, I'd agree with PD. This is a learning experience, it happens to us all. I'd say you're lucky you even got paid if it was through a contest site. And the site probably had their own rules, your contract may not have been enforceable anyway.
                        Shop smart. Shop S-Mart.

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                        • #14
                          Maybe I'm misunderstanding but are you saying that you wanted them to sign a contract after you got paid? The main purpose of a contract is to help ensure that you get paid, so why would you still pursue it? It's a done deal, and you got paid.

                          First, from now on put the horse before the cart, and get that contract signed before you do the work.

                          Second, you wrote, "I don't want my name attached to the designs most importantly." Your name isn't attached to the designs. You created a product, and they purchased it. At this point, you need to let go since it's no longer yours.

                          Third, don't pick up work from contest sites -- they're only for bottom feeders.

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                          • #15
                            I've learned my lesson. Thanks for your help guys.

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