martin_alston Posted April 4, 2006 Share Posted April 4, 2006 I recently placed an ad to do some pro bono work shooting weddings for couples that didn't have a lot of money to spend on a photographer. I'm just trying to get my foot in the door and build a portfolio. I've had several responses and one happens to be this weekend. Now since I'm not charging anything I'm not worried about covering fees and such but should I have a contract anyways and what should I include. Does anyone perhaps have a sample? Thanks. Link to comment Share on other sites More sharing options...
gluteal cleft Posted April 4, 2006 Share Posted April 4, 2006 Your contract should include something to the effect that in case of any damage, neglect, negligence, or any other outcome, the couple's sole recourse is a refund of what they have paid you. =) steve Link to comment Share on other sites More sharing options...
kari douma Posted April 4, 2006 Share Posted April 4, 2006 I agree, you need a contract of some sort. It needs to say as Steve suggested, that you are not held liable for anyghing. I would use a standard contract, and just add that the fee is 0. Contracts cover more than just money. They cover shooting times, when and where, and liabiliy. Link to comment Share on other sites More sharing options...
ellis_vener_photography Posted April 4, 2006 Share Posted April 4, 2006 I would also add a clause to your standard terms and conditions that clearly states that you have permission ofthe contractees and their guests to use the photos for the purpose of promoting and advertising your fledgling business. Link to comment Share on other sites More sharing options...
35mmdelux Posted April 4, 2006 Share Posted April 4, 2006 FWIW if there is an exchange of service for rights, then this is not a "free" contract. This is called a bi-lateral contract. FREE is if you shot and expected nothing in return. proceed w/ caution... Link to comment Share on other sites More sharing options...
martin_alston Posted April 4, 2006 Author Share Posted April 4, 2006 Well I didn't call this a "free" contract. It is a pro bono contract which means offering services without charging a fee. I plan to put in the contract that I retain the right to use images taken to promote my work. Link to comment Share on other sites More sharing options...
martin_alston Posted April 5, 2006 Author Share Posted April 5, 2006 This is what I came up with. Tell me what you think. Link to comment Share on other sites More sharing options...
dj_soroka Posted April 5, 2006 Share Posted April 5, 2006 You really should incorporate Steve Wolfe's suggestion (about damages limited to what they have paid you). As far as your statement for collecting payment prior to the wedding for film, you might consider something indicating that payment in full for the cost of film would need to be made X amount of time prior to the wedding for film to be used. That way, if you are not paid in advance, with sufficient time to get film in quantity corresponding to what you've been paid, you don't need to provide the film. Collecting is an ambiguous term if they say you failed to collect what they were willing to pay you (stories can change, that's why there are contracts). Of course, if you are using film, you need to be paid X amount of time in advance to develop the film as well. Link to comment Share on other sites More sharing options...
zave_shapiro Posted April 5, 2006 Share Posted April 5, 2006 A contract specifies what is being exchanged and is evidence of a "meeting of minds". You are not asking for money, but you want to retain copyright and to use the images for your portfolio for which you'll need a model release. So I would explicitly state that "the photographer retains copyright and is granted the right to use the images for promotion and education." In other words, you can post them here and ask how to change something, you can use them in a portfolio or on a poster. In exchange they get what? X number of prints? A CD of pictures? A contract makes these things explicit. Link to comment Share on other sites More sharing options...
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