The ATA Chronicle - May/June 2024 - 12

Contract
Terms:
A Freelancer's Roadmap
to Success
Our commitment to precision and accuracy is
unwavering and a testimony of our respect
for the nuances and subtleties inherent in each
language. Therefore, our freelance contracts
should reflect our beliefs.
By Andy Benzo
(Note: This article does not constitute legal advice. Please consult
legal professionals for specific contract-related queries.)
C
ontracts shape
professional
relationships and
protect rights. Investing
time in understanding and
negotiating contract clauses
is a roadmap to success for
translators and interpreters.
Basic Notions of
Contract Formation
A contract is a legally binding
agreement between two or
more parties. Its formation
generally requires the
following elements:
y Offer: One party, known
as the offeror, presents
terms to another party,
the offeree. The offer
must be clear, definite,
and intended to become
binding upon acceptance.
y Acceptance: The offeree
must accept the offer in the
manner specified by the
offeror. Acceptance must
mirror the terms offered
and be communicated to
the offeror.
y Consideration: This
is something of value
exchanged between the
parties, such as money,
goods, or services. Each
party must give and receive
consideration for a contract
to be valid.
y Mutual Assent: Also
known as a " meeting of the
minds, " this means that
both parties understand
and agree to the exact same
terms of the contract.
y Capacity: Both parties
must be legally able to
enter into a contract
and understand its
consequences. Minors are
generally considered to
lack legal capacity.
How Does this
Affect Linguists?
As a language professional,
you need to consider the
following aspects when
negotiating the terms of
a contract:
y Scope of Work: Be specific
about the language pair
and services covered,
delineating whether the
translator is responsible for
proofreading, localization,
or specialized terminology
research. If you're
12 The ATA Chronicle | May/June 2024
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The ATA Chronicle - May/June 2024

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