Client changing a my contract (lawer)

[agaimages]

Ok, so the Groom is a lawer and has changed my contract, to incude

stuff I did not include, such as if in the event that I become

personally ill or die, the full money will be returned they chaneged

it to :

"The Photographer warrants that in the unlikely event of personal

illness or death of a close family member, she will provide written

proof of same and will provide another Photographer, at her own

personal cost, of the same knowledge, skill and ability as herself.

The Photographer will be liable for any payments in excess of this

agreement to said. Further, the Photographer warrants that, in the

unlikely even of severe personal illness or death of a close family

member, any agent, servant or employee performing any part of this

contract will conform to the express terms of this binding agreement."

btw. how can I provide proof of my own death and yet find a

replacement?

 

another thing they added: "The Photographer will be personally liable

for any intentional torts or negligence committed by herself or any

agent, servant or employee. The Photographer will be personally

liable for any property damage and agrees to hold Mr. so and so and Ms.

so and so harmless for any causes of action that arise out of her

conduct or that of her agents, servants or employees. The

Photographer agrees to reimburse Mr. so and so and Ms. so and so for any

legal costs associated with her, or her agent, servant or employee?s

tortuous conduct."

 

What are your thoughts? How to be polite but honest about changing a

contract and just sending back to me? What should be done in such

situations?

On one hand, I understand that they want to protect themselves as

well, just as I did by having a written contract but on the other

hand, I'm curious since I have not seen many photographers taking the

liablity of damaging property etc.

[jmichaelc]

My thoughts? No exceptions, never alter your contract. If they don't like it, it would be to your benifit to decline services. I would simply have never opened the door to the idea of changing your contract. Matter of fact i would have probably let this client know just how much i did not appreciate him doing so and respond directly - no exceptions in altering the contract. Good luck.

[houstonphotographics]

Thoughts?- tell them to hire someone else.

[david_schilling___chicago_]

btw. how can I provide proof of my own death and yet find a replacement? LOL :-)

 

I suspect that this guy is a bit of an "over-controller" and that this is one where I would take a pass....simply tell them that I believe that they would be happier with another photographer and thank them for their time and consideration. Marc W. tells a story where the groom who was an attourney "lawyered" his way into the doghouse with his bride with this kind of behavior. This guy will likely do the same.

[robert_m3]

Sounds like you'll end up being "personally liable" for just about everything, up to and

including his divorce. Run, don't walk.

[jennie farnsworth]

It's referring to your own personal illness or the death of a loved one. Not your death.

 

Jen

[agaimages]

Yeah, I've read that the second time, it was stated in my contract if I become ill or die money will be refunded, so knowing my own wording very well, I assumed it stated the same ...it does not

[jennie farnsworth]

Where is the ceremony and reception being held? Private property (for instance, someone's backyard) or public/church property?

[r.m.]

I would respectfully, but absolutely decline to photograph this event. Best, Reina.

[stephen hazelton]

I would avoid it and count myself lucky.

 

If for some odd reason, you accept it, you should add in the costs of your legal bill and all the insurance you can buy, plus your time in dealing with all that.

 

Sounds like either just a twit or someone that just got out of law school and hasn't had a chance to do any real lawyering. A bad deal in either case.

[goodharbor]

"Ms. Estevez" is getting a real gem !

[agaimages]

I really want to be nice, I don't want to offend anybody, especially my clients! I just don't want to get myself involved in something crazy, I'm here to do the job, do the job good not only because I love to do it but my reputation depends on it. I had no problems with my contract in the past, every couple in the past signed it and there was no problems, I stood up to my end each time and they were happy. This is a first for me.

oh, the ceremony is at a church and wedding at a reception hall.

[cálico]

Did you authorize that person to change your contract? DON'T YOU sign it. Inform the person that the contract given you is unacceptable and not to change your contract; when that person informs you that he's an attorney, YOU inform him that you did not authorize him to change your contract. (If need be, drop that client; all you can expect is grief and abuse)

[robert_m3]

> "Ms. so and so " is getting a real gem !

 

Not according to the pre-nup!

[agaimages]

Oh, guys! You're funny! but this is a serious matter. Am I being too nice, too considerate? It isn't about me signing the contract or not, I will not do that, and would never allow anybody changing my contract except a lawyer I write it with. My concern is on how to politely let this couple know that this is out of question with emphasis that I do understand that they are trying to protect themselves.

 

PS. Sorry about occasional errors, I'm writing it all in a hurry.

[jack_fisher1]

Run, don't walk! You only stand to lose. If you should do the wedding, I would bet money that the results would not meet with their approval. There are better opporunities which don't involve self-abuse.

[jaimie blue]

Aga, if you do not want to "offend" him and want to work with him then work with him on the contract. Ask him why it is that your contract is not sufficient. Recently my commerical photographer friend had to take out additional insurance to work inside one of the resorts where I live, it was inconvientiant but not that big of deal. Maybe you could align yourself with this guy and in fact he could help produce a contract that might be better for you then the one you have. If you want to continue with him then communicate honestly about this and why your contract is not good enough. We can run and hide from people and situations that might seem ideal, or we can face them head on thru communication. Speaking, listening, the arts of humanity.

[robert_m3]

Aga, funny or not, everyone here is telling you not to do this wedding. Just as there are good

businesses and bad ones, there are good and bad customers too, and the idea of firing your

bad customers has helped make many companies successful.

[al_kaplan1]

RUN

[scottl]

**The Photographer agrees to reimburse Mr.so and so and Ms. so and so for any legal costs associated with her, or her agent, servant or employee?s tortuous conduct. **

 

So, you do something to anger the bride or groom, they decide to sue you, and then YOU must pay their legal costs? I don't think so.

 

Just politely tell them that your contract in non-negotiable nor subject to rewrite. Tell them you will be happy to provide numerous reference of happy customers, and that if they cannot work with you based on that, you are sorry to lose their business.

 

It's a business decision, so don't be afraid to walk away. Maybe after 5 other photogs laugh in his face he will call you back.

 

Scott

[cálico]

?Dear Mr. Bolio:

 

The unauthrized changes you made to my contract are totally unacceptable. Upon further review, I've concluded that I cannot work under those conditions that are both unfair to me and most unreasonable, and any and all verbal commitments that you may have assumed are hereby null and void.

 

Good luck in your efforts to find another photographer."

[discpad]

Aga, this guy sounds like trouble from the get-go, just like the bride-cop who returned the purse the day after the ceremony, and found no end to the complaints... And the many pro photogs above see this guy as trouble.

 

 

But, here's a thought: Tell him you will accept his changes; but then this will involve hiring extra personnel on standby, extra insurance, rental for additional photo & lighting gear beyond what you customarily use, etc; and the cost for this is an additional $2500.

 

 

NOW, let's see how important he views his changes: You gave him a quote and sent him a contract with a price; and if wants additional services, then he will pay for them, and you will not absorb them.

 

 

If he balks, then book the date for another lucky couple!

[blueworldstudios]

If they are unwilling to sign as is, I suggest strongly you become no longer available for this

date.

[juan monino]

I am with Dan Schwartz, ask the bastard $2500 more dollars and remember, as long as you do not take it personally and keep your head cool, you will win over the battle. I think he just want to put his �personal touch� on this, he will end up signing the first contract.

[cálico]

Why play games that are nothing more than a waste of time and energies?

 

It's simpler to say, "I cannot do your wedding under any circumstance."

 

Engaging in a dialogue with an attorney is not going to help matters any; the best thing to do is simply walk waway from clients like this. Offering to do it for more money is inviting a conversation, prolonging the time you have to deal with him and you will only feel annoyed afterward. Don't pursue further interaction with him; don't invite unnecessary problems. Walk away. Leave it alone. Forget it.