Contracts

[vlad khavin]

Would someone mind emailing me a copy of their contract so that I can take a

look at how it's structured? (I assume that folks don't want to post such

things here on the forum.)

 

I just had an opportunity fall into my lap, but I really think it warrants some

sort of a contract. This would be taking shots not for a friend, or even

someone I just know in passing, but more for a portfolio-trade sort of thing.

It's not a wedding, but I think the structure of the contract would be similar

in this case.

 

When we booked the photographer for our wedding, my wife and her mother took

care of the paperwork without me, so I did not get to see what that looked like.

(And even if I had, this was done about 2 years ago, so I would not remember

much beyond what it generally looked like.)

 

Thanks in advance

 

-Vlad

[jennie farnsworth]

Search the Photo.net boards with the keywords "photography contract example" and you get 383 posts that come up. I'm sure many of these past responses will provide you with exactly what you need.

 

Jen

[darice michelle]

Here's is mine...

[darice michelle]

I guess you can't send word documents through this site. Sorry I tried.

 

darice@daricemichelle.com

[vlad khavin]

Darice, thank you kindly! Most appreciated.

 

Jen, yes... I did indeed search, and got a huge number of results. I read and read, and now have a huge headache to show for it. I am, unfortunately, legalese-deficient. I can read computer code and not break a sweat, but I haven't quite gotten used to legal documents. So all I was asking for was a simple contract that works, without starting yet another long debate on wording like most of the other examples I saw. (This is why I assumed that folks did not want to post such things here. It really did start some bitter debates, and for having read them, I now can't tell if what I read was actually good or bad.)

[buckry]

Here is the contract I used years ago as the starter for my contract. I can't believe it's still available on line.

 

http://www.iqphoto.com/contract.htm

 

I modified some of the verbage and deleted a few lines that were just over the top legal nonsense. I also added a few tidbits about shooting time when the order needs to be placed after they view their proofs. Hope this helps.

 

Ryan

[fall_leaf05]

I will e-mail you a sample.

[phillip hurd - atlanta ga]

Vlad,

 

Contracts are your protection as a photographer. "legalese-deficient" is not a place you want to be. The reason many debates linger over wording is because it is SO important. You see when something goes wrong, which eventually it will, you as a photographer must have some protection. Here is an example from a recent post "...deposits are refundable (by law) retainers are not." One word makes the difference. Be careful, very careful. We as professional photographers have contracts that fit our specific needs. Most of the pros I talk to have contracts that reflect not only what could go wrong but some clauses reflect what has gone wrong. Our contracts protect us from the bridezillas that will emerge if we for whatever reason don't get it right. We plan, have backups, wet weather shooting gear, etc... but inevitably something will go wrong. That is when your contract will determine your fate. In short when something goes wrong it wonﾒt matter what you or the client wants it will matter what you agreed (contracted) too. What could go wrong? Ticket on the way to event so you show up late, groom trips over light stand, equipment stolen, CF card goes bad, lens breaks, camera breaks, someone spills beer on you and equipment, car breaks down on the way, the burrito with extra chili you had for dinner last night hits at the moment of the first kiss and you miss the picture, ﾅ on and on and onﾅﾅ

 

I say this to stress the importance of ﾓlegaleseﾔ Having said all this, do not start with someone elseﾒs contract for a wedding if you are going to do your own style. That is like learning to play baseball so you can go for football camp. Start with the Business and Legal Forms for Photographers by Tad Crawford. These are basically standard contracts that media photographers use and each bit of ﾓlegaleseﾔ is described in detail with a negotiation checklist. Good luck.

[vlad khavin]

Rhyan, Elena, Philip, thank you very much for your responses. At the point when I am ready to actually do something as big as a wedding, I will most CERTAINLY have a solid contract written up, and checked over by a lawyer for correctness. And Philip, thanks for the pointer to the book; I've seen it and thumbed through it at the book store, but after today's searching and your recommendation, it answers the question of whether or not this book is any good.

 

As I said originally, what I am being asked to do is very far removed from a wedding. It is a trade-for-portfolio sort of arrangement where the person "hiring" me has made arrangements and needs someone to actually do the photography. However, I do not know this person, and therefore I thought that I should at the least have something in writing that describes what is expected, and what I intend to deliver, along with some provisions for making sure that I am not liable for anything that he does with the pictures afterwards.

 

Now that the Advil has numbed the headache, I did actually learn quite a bit from the searching, and am very thankful for the working examples that some of the folks here provided. So, again... thanks.

[timcorridan]

nebs.com - they have a general photography cpntract you can look at, order one for free, or purchase a bunch. (changes to it can be made). there you go....

[doug_harhai]

Here is my free legal advice--my legal specialty is contract negotiation, drafting and review (in the IT Technology space in a corporate setting). I can't tell you the number of agreements that I see come across my desk that are bastardized after being passed from one owner to the next. Maybe the initial contract was properly drafted, that is the best case scenario--and then the versions go down hill from there. The needs change from one owner to the next; typos become unknowingly cemented into the document, changing the meaning; small words are accidentally deleted, changing the meaning completely (e.g., to use an example that most will be familar with, 'thou shalt not kill' is only 3 letters away from 'thou shalt kill' Some of the mistakes that I see are this dramatic).

 

The best way to protect yourself is to get a custom drafted document from a qualified attorney that has contract and business experience. The contract doesn't have to be expensive--a few hours of legal time X a few hundred dollars an hour may save you MANY times that amount in legal dispute (this isn't only in theory, I have seen it happen--often). If you don't want to go the lawyer route, there are commercial services/software that will generate forms for you, but be sure that you understand everything that the contract says. Many times, these forms are generated to fit the masses and are so general that they are just a 'jack of all trades' but perhaps not the best form for YOU.

[john_h.1]

Doug is absolutely correct. Getting a sample contract from someone online and assuming it is sound is very risky.

[timcorridan]

vlad has a simple side job. just one. all he wants is a simple contract to cover it. a $ 250 visit to a lawyer at this piont is probably, a little overkill. nebs.com

[timcorridan]

it sounds like you might just need a model release.. if its just a photos for portfolio trade

[john_h.1]

"$ 250 visit to a lawyer at this piont is probably, a little overkill."

 

Until things go wrong. This is like saying insurance premiums are overkill. If photographers want to be a professional they should adopt professional standards.

[doug_harhai]

I agree with John. It amazes me that some shooters will spend a $500 on a flash unit so that they can give the client what they want, so that the photographer can maximixe profits--but few people want to spend a few hundred bucks on protecting their revenue streams on a higher level, i.e., if that flash fails and you have few good shots to give your client, your contract is hopefully going to save your bacon. I just remembered an on-point example about a wedding that I was in many years ago--we were leaving the grooms house in a fleet of Lincoln Town Cars and the photographer was standing around, talking to a bridesmaid. The problem: he was supposed to be following us. He didn't get any shots of the bride until she was at the church. She wasn't happy with the shots that he did get, and filed suit. Bride won. Guess which photographer wished he had a contract? Admittedly, I see a higher percentage of the problems involved with contracts because of my line of work, but they do occur.