Fees and Liability with Prototypes

[BubbaJ]

A client has approached me to design a prototype of a restroom facility for parks.

As has been noted in other posts, once I stamp this prototype and turn it over to them, I am liable every time they use it, even if it is used inappropriately. (This client likes to retain posession of all work.)

So this brings up a few questions. If I am going to be liable for all uses of the prototype, then shouldn't I receive payment each time the prototype is used? How then, should you write that into a contract?

The other option is to, in someway, get out from under the liability of future use of the prototype, which is virtually impossible.

Does anyone have experience/insight on this situation?

 

[jgailla]

You should get paid for each instance in which the facility is used. This is not a product, it's a building.
I don't run my own business, so others will hopefully answer, but your contract should explicitly state that this is for one use only.

 

[jgailla]

Sorry, I meant each time the facility design is used.
I wasn't trying to imply you should get a quarter every time someone comes in to use the john.

 

[MacGyverS2000]

I would specify the design is being put together for a particular location. Any change in location requires a redesign (and associated fees). Such a specification in the contract should prevent it from being (legally) used elsewhere, and should also help in reducing liability if it's used against contract somewhere else.

Dan - Owner

http://www.Hi-TecDesigns.com