The ATA Chronicle - May/June 2024 - 13

interpreting, you may want
the client to indicate in
writing the location, the
nature of the proceedings,
the expected mode of
interpreting, the type of
equipment to be used, who
will provide the equipment,
and who will provide IT
support. If you provide the
equipment, the bandwidth,
and the IT, then you'll
need to ensure your fees
encompass these services.
y Payment Terms: Specify
the amount owed for the
cancellation fee if the
assignment is not canceled
within 48 hours before
the starting time. Be
meticulous about stating
the party responsible for
your payment and have the
name and address written
in the contract.
y Interpreting: As noted
in the " Scope of Work "
on page 12, if you offer
interpreting services
on-site, be specific
regarding who will provide
the equipment and who
will solve any technical
difficulties. Don't forget
to include who will pay for
travel expenses (parking,
tolls, etc.). If you offer the
service from home, add
a fee for providing the
bandwidth, the equipment,
and any other service you
have to pay for related to
interpreting.
y Broadcast Services: You
can raise your standard
hourly fee for any services
that will be recorded or
broadcast. Be specific that
no recording will occur
without the contractor's
express written permission.
y Translation Rates: Define
your translation rates by
the hour, word, or project.
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You may consider different
pricing strategies for
other services, focusing
on volume, quality, and
the amount of work (e.g.,
noneditable documents or
rush charges).
y Post-Editing: If you offer
post-editing services,
you may ask for a sample
before committing to the
work. Your expertise is
crucial in this type of work,
so you'll want to manage
your time accurately or be
able to reject the job.
y Relationships of the
Parties: Specify that you're
not an employee but an
independent contractor. An
independent contractor is
free from the direction or
control over their means
and manner of providing
the service.
y Intellectual Property
Rights: The type of work
linguists do is generally
considered " work for hire, "
as that term is defined
under U.S. copyright law.
Upon full payment of the
agreed fee, the client owns
all copyrights of the end
product. Unless specified
otherwise, your translation
memory is not part of the
end product.
Clauses
Boilerplate clauses are
standardized terms that are
included in many contracts.
Don't underestimate
boilerplate clauses, as they
may significantly impact
your contract. Language
professionals often work
across cultures and legal
systems. Therefore,
understanding languagespecific
clauses is vital.
For instance:
Don't underestimate boilerplate
clauses, as they may significantly
impact your contract.
y Choice of Law: Contracts
may specify which legal
system governs the
agreement. Freelancers
must comprehend the
implications of this choice.
For example, if you live
in San Diego, California,
and desire to be governed
by your local law, you
may want to add a clause
stating: " The laws of the
State of California of the
United States of America
will govern the validity of
this Agreement and the
interpretation of the rights
and duties of the Parties.
San Diego, California
shall be the venue for any
dispute resolution related
to this Agreement. "
y Force Majeure:
Translators and
interpreters should know
how contracts address
unforeseen events that
might impact project
timelines (e.g., natural
disasters, political
instability, general strikes,
outages, etc.). A sample
clause addressing this
issue could be: " The
Contractor will not be
liable or responsible to
the Client, or be deemed
to have breached this
Agreement, for any
failure or delay in
fulfilling or performing
this Agreement when
and to the extent such
failure or delay is caused
by or results from acts
beyond the Contractor's
reasonable control. "
y Confidentiality Clause:
This clause prevents
parties from disclosing
sensitive information. Note
that clarity and specificity
are imperative in these
clauses. For information to
be considered confidential,
the client should be
required to label or stamp
the materials with the
words " confidential
information " on each
applicable page.
y Indemnity Clause: The
terms " indemnify " and
" hold harmless " are often
used in legal contracts to
limit the liability of one or
more parties.
y " Indemnify " means the
obligation of one party
(the indemnitor) to cover
(the indemnity) for any
loss or damages incurred.
y " Hold harmless "
means you will not
hold the other party
liable for any injury or
damages. It could be a
reciprocal clause (both
agree not to hold the
other accountable) or a
unilateral one.
As a freelancer, your
liability should never exceed
the amount you're being paid
for the project. If the client
wants to preserve the right to
hold you liable for damages,
the contract should contain a
specific clause limiting such
damages to only situations
in which you exercised
willful misconduct or
gross negligence.
American Translators Association 13
https://www.copyright.gov/title17/92chap2.html#:~:text=201.,-Ownership%2520of%2520copyright&text=%E2%80%94Copyright%2520in%2520a%2520work%2520protected,of%2520copyright%2520in%2520the%2520work http://www.ata-chronicle.online
The ATA Chronicle - May/June 2024

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