can anyone advise on this.....?

[thekitchendesigner]

I'm looking to expand with new designers who are also freelance.

I would like to put together some sort of 'package' for designers as an incentive to come aboard, but i'm not sure where/how to start, and what i should be aware of considering they are freelancers.

i dont want to employ directly, but would like designers who can register through the site, so that i have designers dotted around the country. i aso want all work to come through thekitchendesigner.com, and then fed to 'my' designers in the right area. they would also need to wear thekitchendesigner.com's 'hat' so to say.

i wish to replicate the setup i have produced (a kind of template) as i think it would be a good setup for all involved. but i'm unsure of limitations etc.

can anyone advise on these thoughts? let me know if you need more info!

[VeryMark]

If you want to control what your freelancers do and have them wear your hat, you should (a) look at registering your identity as a trade mark to protect it nationwide, (b) make sure you have evidence of origination and ownership of all printed and graphic material used to be able to establish copyright, and (c) draw up a pack of material for each freelance with what they need to know and sign up to including an agreement with appropriate terms and conditions.

Our virtual guide on Trade Marks, Brand Protection & Related Copyright and Design may help, which can be downloaded from http://www.crossguard.info/new/downloads/crossguardvirtualbrochure.exe

[Mortime Business Software]

Hi Mark.

This sounds sort of similar to how I would like to form a team of programmers for a software development business.

I need to work with people who are skilled in a range of technologies, but with each being advanced in at least one. This would obviously allow us to provide a wider range of software.

At the moment I see the group as equal partners in a business, but this may change depending on how they feel about it.

Perhaps your idea could use a similar principle, with each designer having their own style. For example, I don't really like the minimalist, space-capsule look that you find in some kitchens, but nor do I like too much emphasis on the cottagy-flowery style. Therefore, there would be a higher probability of me ordering from a company which had a range of styles in its portfolio.

I think it would also be useful for such a group of designers to share techniques, knowledge of materials, etc., and to learn a little about each other's styles. I imagine some designers are great with shapes and forms, and understand the phsycological effects of interior architecture on different personalities. Others may be more interested in how colours are used, and can make use of complementary colours in such proportions to achieve the most pleasing visual effects.

You would know a lot more about this than me. What I am trying to say is that perhaps you should tell prospective freelancers that there are advantages in collaborating, and that the range of kitchens you could provide would be much wider because everyone has different tastes.

I hope this helps.

Dave

[thekitchendesigner]

Phil - good pointers, thank you. i've downloaded your brochure and will have a good look through. dont trademarks take years sometimes to register, or am i thinking of patents?

David - hi again! you're thinking on the same lines indeed!

i can specialise in designing kitchens for 2 or 3 manufacturers. beyond that it would be useless me trying to learn 3 or 4 more manufacturers products on top of this as i would be overloaded with info. therefore finding freelancers who specialise in designing 2 other manufacturers will expand the services showrooms selling these manufacturers (services are b2b, i.e. working for showrooms etc). similar applies to bathrooms where my knowledge is limited

and i too have thought about partners to the business, in some way shape or form. i used to work for John Lewis and as you may know all employees are partners, and share a bonus yearly depending on profits.

with the current setup, i not only have b2b kitchen design work, but opportunities to sell granite, templating work involving sainsburys (countertops etc), and selling actual kitchens to end users - only through recommendations as advertising this conflicts with the b2b services! the whole mix would be great for potential designers, and helps expand the other companies in question.

i think it could work very well - but its just knowing who to talk to and how to go about it properly. Phil's post is a good start!

so that makes 2 of us interested in making this system work!

[VeryMark]

Trade mark registration takes six to twelve months if there are no problems but protection dates from when you applied.

[thekitchendesigner]

ok i see. so its there from the moment you register, but official some time later?

and the cost for doing so?

[VeryMark]

The basic cost is about £500 for ten years protection including our fees and the official fees, excluding VAT.

If you email me with details of what you'd like to register, I can give you a more detailed quote and advice.

[gordonthegofor]

Trade mark registration takes six to twelve months if there are no problems but protection dates from when you applied.

So what would be the payment schedule? eg deposit then final payment on completion?

[Antonia @limeone.com]

to looking at your intellectual property such as trademarks etc you also need to consider your freelancer's contracts. Remember IR35? It was not called the scourge of the freelancing world for nothing and there are a number of risks to consider when dealing with your agreeements.

I specialise in SME business law, not just from the perspective of a lawyer, I have set up and director of a number of small companies so know the pitfalls from an owner's view point too.

Happy to send you some free information and expect to pay around £250 plus VAT for the agreement which is insured through our professional indemnity insurance on all advice paid for.

[thekitchendesigner]

Hi Antonia,

Any information you are able to send through would be gratefully recieved! I need to seriously think about this way of expansion as there are so many opportunities waiting!

Thanks

[fastfences]

Hi Mark,
Considering and developing the methods and means of our businesses expansion is a seemingly difficult task. Sure, the 'mechanics' are simple to install, but where we're most vulnerable, is the 'human' element. we can control and oversee staff (inc. freelance and/or employees) when they are at 'arm's length) but beyond that we become most vulnerable.

If I were contracted to you in, say, Leeds, and quoted a job for you at £2,800 but advised the client it was £3100, how would you know? Unfortunately, there is always someone willing to shaft us. We must have effective checks and controls to arrest this. You may have this all in hand, but just a point of interest!
Cheers, Nigel

[VeryMark]

Gordon and Mark, thank you for your emails, I'll respond later today with more info - lunch calls!

Antonia, can you email me your details for reference please?

[thekitchendesigner]

Hi Nigel,

The services through the website are business to business, providing on tap design services for showrooms, studios, developers etc etc. No kitchens are sold through the site, only services to trade.

All work would come through the website to me, and would be distributed to the appropriate designer. all payments come through one source. designers are paid by me per hour for designs and then i would invoice the client based on set charges. no payments or discussion of payments would go via designers.

when it comes to individual freelancers wanting to sell kitchens to end users through recommendations - the clients would be monitored and all goods ordered through me via selected suppliers. this will only be very minimal and not a huge part of the work. only thinking of this as i have done a couple of private jobs for friends family which has provoked recommendations.

Cheers,

Mark

[Antonia @limeone.com]

be glad to Philip and Mark, just email me at info@limeone.com with Antonia in the header with what you would like. Ie article on IR35 etc and it will be sorted out. From next month the articles will be downloadable from the web site www.limeone.com

[VeryMark]

Antonia, I'd like more details on your firm rather than an article on any particular subject.

[thekitchendesigner]

Trade mark registration takes six to twelve months if there are no problems but protection dates from when you applied.

So what would be the payment schedule? eg deposit then final payment on completion?

any more on this anyone??

cheers

[bwglaw]

In addition to the above, you need to think carefully about the freelance route because you will have little control over their work, as opposed to an employee.

What you have said previously does sound somewhat like a franchise of some sort, or just merely a licence to trade under your name/brand etc.

If they are to be freelancers they could easily pass-off work as their own, even if you have a contract in place.

I would have thought it would be safer to form a Ltd Co and appoint them as Directors around the UK to cover a particular region etc. All IP will still belong to the Ltd Co.

Whichever route you take you need this to be absolutely clear

Jonathan

[thekitchendesigner]

Jonathan,

An interesting idea about directorship. I was planning to go Ltd this year anyway so this could be an option.

Who are the best type of people to discuss options with - i.e. solicitors? lawyers? business advisor? i know what i eventually want to see but just dont know which is the most feasable and workable option to take!?!?

[thekitchendesigner]

could anyone suggest the right kind of people (see post above) to talk to to try and establish which route is best?

cheers,

Mark

[bwglaw]

A lawyer for the legal implications i.e. freelance v. employee, etc and an Accountant for a tax perspective.

As you have my email, just fire an email my way if you wish


Jonathan