Brides dad is a lawyer, has questions about contract.

Hi: Did read in this forum that this is your first wedding. A lawyer has good connections in the community and if you do not do a good job,

your reputation will be ruined even if he does not sue you. Something like this happened to the daughter of a friend of mine. The

photographer had good pictures in his portfolio to show but that was his first wedding. He did not do an acceptable job. He did not get

sued but I don't think he will do another wedding in the area for a long time. Wedding photography is very specialized and fast moving and

you need experience. I am not doubting your ability but just a caution about choosing your first client. Good luck. Sandy

Sandy, where did you hear that it would be my first wedding? I have already done 6 and have about 15 more booked between now and then.

I have a friend who has a thriving business and is excellent at what he does. He has been ripped off only twice. Both times by lawyers. To make a long story short: they get free legal help. My friend doesn't. Suing to get paid cost more then what he was owed. He does not accept business from lawyers. He screens his customers and if they're an attorney, he quickly refuses the business.

Kevin, what a shame. Good lawyers have great reputations in their community and know a lot of people to refer business. Not sure of this "free legal help" you speak of. Nothing in this world is free. Nothing. Especially legal help. Pro bono work isn't even free . . .

Kevin,

Come on. Let's play fair. "Ripped off" is a pretty strong term, and you don't know the facts; you only know your

friend's interpretation of them. Let's hear the lawyers' version. Could it be possible that it isn't so much an issue of

getting free legal help, but knowing the law, that gives these attorneys an edge? Why disparage them, and indirectly

cast a bad light on the profession?

 

I hope that he never needs to file a major lawsuit, never needs a divorce, never needs estate planning, never needs

to get an injunction or custody...the list goes on. In such a case he would have to call a lawyer.

 

Farewell friends, I am finished with this thread. You can private mail me if you like.

 

Doug

Hi Andrew: Sorry I misunderstood. This is a long thread and I was surely thinking some one else. Wish you the best.

Sandy

Wow - this is getting way out of control, and quite frankly kinda silly. Yes, you should be careful in your dealings with the public, but if you're going to be paranoid about everyone who wants to hire you then get out of the business.

 

Its extremely unfair to paint all attorneys with the same brush - they are really only looking to protect a fairly hefty investment of which you're a part. Weddings around here (NYC/NJ) are very expensive and as such any client is entitled to some comfort in knowing that you'll produce what you promise. Likewise, you would want to be comfortable with any situation you put yourself into.

 

My contracts are simple, my insurance is a basic albeit unfortunate necessity (you can get good liability insurance for about $150/year), and I rarely turn down clients because of who they are or what they do. I'm willing to work with everyone on the wording in the contract - if they're uncomfortable with something or they want something added or modified, then we talk - I've been involved with politics, negotiations, and attorneys for more than 25 years and found that its in everyone's best interest to have a bit of flexibility in order to make everyone happy. I've had attorneys review my contracts, and made minor concessions if I felt it was OK - the boilerplate stands as a basis for negotiations. If you want to succeed, then you've got to be flexible. Don't be so paranoid. --Rich

Typically acts of god are not covered in contracts. "non-refundable, even if the date is changed or the wedding

cancelled for any reason; including acts of God, fire, strike and/or extreme weather." I think this is a

little harsh they loose there retainer. Think acts of God should involve rescheduling and if a suitable date

can't be agreed then the retainer is forfeited. Secondly if you don't show up at the wedding you should return

the entire fee.

 

Issue 2: it would have to be willfull misconduct. If a guest is dancing and trips on your tripod, he'd

probably be able to sue you. However if a guest hits your tripod, it doesn't fall over, and picks up your

tripod and camera and beats it against the ground. That the wedding insurance should cover.

 

If THE CLIENT's party engages in willful misconduct, which results in damage of any equipment of the

photographer. THE CLIENT understands that in such an event THE CLIENT agrees to replace, repair, or

compensation for the loss of equipment. Additionally if such conduct results in breakage that the photographer

can no longer continue to perform services. The photographer will leave the wedding party immediately and no

refund of fees should be required or necessary.

 

I think the lawyer is going to tear your contract apart, so you should decide if this gig is worthwhile. A

good contract provides fair protection to both parties, from your two paragraphs it's not close to being fair.

Good luck....

Such a simple thing: one guy with a camera agrees to come to a wedding, take pictures and get paid for this.

 

And...here they come: contracts, liabilities, insurances, clauses, guarantees, provisions, acts of God, misconducts, limitations, damages, lawsuits, policies, paragraphs etc. etc.

 

I know that a lot of people considers this perfectly normal. But - just take a step back and look at this again. Isn't the world becoming a madhouse, with the inmates running the show ?

 

Say someone want greet me with a handshake: hey ! stop right there ! Let's have a contract first: you guarantee that you do not have any "handshake-transmittable" disease, and that you are free of any other bacteria, and that you are not going to damage my hand by applying excessive grip pressure, and in case of any such event - you will compensate me, and my lost earnings, and my psychological damages and what not. Crazy ? Perhaps...

Welcome to the world today . . .