At some point in your life, someone will do something that badly impacts you, whether your landlord tries to keep your deposit security or your employer skips you over for a promotion.
You will have to contest and prove that you are in the right. And to do that, you need evidence.
“This is true, regardless of what stage of your career you are at, or even what industry you are in, as soon as you enter into agreements with other people, and rely on them professionally; it is always advisable to get your agreement in writing, said Legal Advisor, Mavi Mkhatshwa.
According to Mkhatshwa, ‘in writing’ doesn’t mean ‘full contract’. People often assume that getting something in writing means having a full, long contract drafted by a lawyer, this is not true. When I say ‘get it in writing’, this can mean anything as long as it is documented, and you can refer back to it in a few months or years if needed.
“I can’t count the number of times that someone has promised me one thing on the phone and forgotten all about it the moment they hung up. Unless you have a recording of the phone call (which can get you into legal trouble), it is a matter of ‘he said, she said’,” he added.
Graphic Designer, Nsindiso Khumalo attested: “This is true for people like us who work in the creative industry, where you are so often expected to work for free, or told that ‘I’ will pay you when we start making money’, people often do not understand that as an artist, musician or performer, it is your livelihood at stake.”
Advising on the matter, Mkatshwa said: “Unfortunately, sometimes it is your responsibility to ensure that you do not get cheated, and end up with empty promises and ‘verbal agreements’, which you cannot rely on when you need to”.
The legal advisor also mentioned that people need to realise that some people will always exploit people who are unaware of such issues.
He advised that whenever discussing payments and other obligations, for example what is expected of you, when/where you are expected to show up and what exactly it is you are asked to do; make sure you have a copy in writing saved somewhere.
This might make your life easier if you ever find yourself in a ‘that was never the deal’ or ‘but you said you would pay me X’ type of conversation.
This can also include emails; WhatsApp messages, Facebook DMs, you name it. If you tend to change or lose phones regularly, save screenshots of important conversations and have them backed up or email them to yourself.
Mkhatshwa further advised that sometimes you will just have a conversation on the phone or in person, which makes it difficult to keep a record of what was said. The way around this is to follow up your conversations in writing.
For example, if you agree on payment and other terms on the phone, just follow up with an email or WhatsApp message saying something like; ‘just to confirm what we discussed’ or ‘as we agreed on the phone’. This way, you will have some sort of record for later on if you do need to refer back.
Getting things in writing is not something that only becomes relevant if a working relationship breaks down and you need evidence to show a lawyer.
Often, asking to get things in writing, or following up by email or text will start a more detailed conversation, and both parties can really think about how they want to work together.
The legal advisor further highlighted that sometimes, getting such issues out in the open early ensures that you do not have any misunderstandings in the first place, which saves everyone time and money not to mention unpleasant conversations.
In some situations, you should insist on getting a contract drawn up.
“More often than not, in the creative spaces you will be given a contract to sign, and will not have much input, it will look like a ‘take it or leave it’ situation. Whether this is true or not, I will say this: Never sign a contract without understanding what it says.
“Even if the terms are so rigid that there is no room for negotiation, if the contract is for a serious amount of money or if you are signing away a substantial part of your work, you should always insist on getting independent legal advice, which means getting a lawyer,” he advised.
And, since it’s tough to tell when someone is going to do something wrong in advance, it’s a good idea to build a habit of keeping good documentation.
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