My first couple wants a contract.

[barclay_horner]

Hello,

 

Well I sold my first wedding that I will be shooting solo last week. I will be

shooting it very cheaply, $400, to be exact. I am giving all day coverage and

rights to the images when I am done. I am not trying to do anything fancy this

year with pricing and product, I am mostly looking to cover my time and get more

experience.

 

Well after the couple agreed to take me as their photographer they asked if they

could have a contract just so that everything is in writing. I think it's

mostly a peace of mind thing for them, doting the i so to speak.

 

I don't know if there is anything specific that I need to know about writing a

contract. I checked out the NEBS form and its more then I want to invest in the

service at the moment. I would love to just write something simple with lines

for signatures and send it off. Is that acceptable? Keep in mind I am low key

right now.

 

Let me know.

[stefanie1]

You can find lots of fancy legalese contracts out there even just copying and pasting what fits from others. But at the end of the day for something this simple, make a list of what they want (you there for how many hours, right to do what at the end) and what you expect of them (payments, cooperation, no guests stealing your thunder, anything you think is important really) and then both parties sign it. That should be enough to make them happy (unless they're lawyers in which case have them write one :P) and cover pretty much everyones butt. If they want something fancy say that you don't have anything prepared so that a list like that would have to do unless they want to pay for something better.

[neilambrose]

<p>Yep, that's really good advice.</p>

 

<p>But don't forget to consider whether they're realistic in their expectations. For $400 with all image rights you're already too-good-to-be-true cheap; now they also want to get your services underwritten by a contract....</p>

 

<p>People generally insist on contracts so they can refer to them later if expectations are not satisfied. Just make sure that their expectations are the same as yours, otherwise this could end up being a very expensive and painful way to get experience.</p>

[bruce_rubenstein]

To write some sort of a valid, binding contract you need to know what the essential elements of a contract are. Here's a link to what they are: http://www.tbpc.state.tx.us/communities/procurement/pub/contractguide/LegalElementsofaContract.pdf

 

You can also do a google on "elements of a contract". Be aware that the sale of goods is covered by the Uniform Commercial Code, but services are not and subject to local laws.

[j_c38]

If writing up a contract is more then you want to invest

 

What in the @&$%#* are you doing shooting somebodies wedding?

 

Please let us know the couples name so we can warn them.

[sandra_schaffer]

Before ever taking money for a job, you should have two things. One is a contract and the other is a Federal ID number so you can pay the taxes (yes.. Social Security Taxes if not income taxes) on the service/labor part of your income. Most of what a wedding photographer does is LABOR, so anti up 15% right OFF the TOP for social Security Taxes after the cost of the DVD or CD or whatever you are providing the customer for $400.

 

A contract is a protective device. It protects the client by insuring some sort of compensation (return of their money etc.) if you do not perform the services stated. It protects you from the client requiring anything beyond what the contract promises.

 

You have to have a contract with repercussions of what happens if you do not produce what is promised in the contract.

 

Oh yeah.. and beyond that, how is your insurance? You need liability and business insurance.. because if something goes terribly wrong,. they can sue you and go after what you own for settlement of damages....

 

These things sound minor, but believe me, if you get sued you will want a contract, insurance and proof of paying taxes and a balance sheet showing your expenses and income.

 

After thinking about all this, do you REALLY want to do this for $400? You would be better off building your portfolio and doing it for free than getting into charging so little and not meeting your expenses.

 

Remember, before wedding photography is art, or beautiful or fun, it is a BUSINESS. If you are charging $400 you can, at the end of the year, depreciate your equipment, add up your expenses and write the losses off.. but only against the business income. You will still have to pay the Social Security Taxes on your labor.

[russ_konrad]

J C was a little harsh but right on the money.

 

If you can't be bothered to write up a contract - then you shouldn't be doing any weddings!!!

[ian_cooke1]

Anytime you accept money for photography, you need a contract. This should be thought

through and ready when the client hires you.<p>

At the most basic level, you just need to describe what you are going to provide them and

what they are going to pay. But there are a lot more details that can be added. If you search

for "photography contract" or "wedding photography contract" you'll find lots of examples.

Look at those and take what you think works for you. <p>

Think like a professional... be a professional. Don't do the opposite.

[gopi_rajaseharan]

A Contract is always a great (and safe) idea!!

[lisa h]

Hi Barclay- Keep in mind that the contract is for the benefit of both parties; it is not only for the bride & grooms protection but for yours also. It can help prevent many misunderstandings to have eveything laid out in black & white.

 

Besides what products you will be delivering to them after the wedding, also include the times you are expected to start and end working that day. Include information on the payment plan (are you collecting a deposit or retainer? Is it refundable if they decide to cancel? When are the payments due? etc). Are you planning on using their images for your future advertising? Don't give them a full copyright release- just indicate something in regard to them having the right to produce pictures for their personal use.

 

I am by no means at all an expert on this topic and of course the best route is to work with a lawyer. Like others have said, you can find many example contracts online to give you a starting point.

 

Good luck with everything.

-Lisa

[lb-]

<i>If you can't be bothered to write up a contract - then you shouldn't be doing any weddings!!!</i><p>

 

and if you can't be bothered to read the question before you reply you shouldn't be posting on a discussion forum!!<p>

 

barclay never said he couldn't be bothered to write a contract, he said that one online contract vendor he looked at was more than he wanted to spend and what might be some suggestions on alternatives. <p>

 

and I don't think JCs aggressive and obnoxious post is "on the money" in any way. take a minute and re read barclays post.... he's here asking for help. how is swearing at someone and suggesting that their clients need to be warned helpful?

 

he asks if it's ok to write up something simple and send it it off to the client to sign. to the extent that a contract first and foremost serves to provide clarity and manage expectation then yes, that's fine. <p>

 

otherwise.....if you want legal advice talk to a lawyer. if you want business advice talk to an accountant. <p>

[annealmasy]

Check your e-mail, Barclay! :)

[lou korell]

The type of question you are asking will always solicit some very passionate responses. The main point for aspiring photographers is that wedding photography is not a trivial thing. You are dealing with the memories and emotions of entire families. The photographer role in a wedding is very critical and should be approached with utmost respect for both clients, and the others in the industry as well. Many have worked long hard years to bring a certain respectability to wedding photography. Whenever newbies attempt to enter the business there will always be some scrutiny on the the part of the more experienced photographers to make sure the integrity of the business remains intact.

I hope you understand that while some reply a bit too agressively or negatively, there is a great deal of passion and love for the craft of wedding photography and those who are new to it must realize the committment that is required.

In short - do it right. Study, practice, assist, second shoot, learn, and find out how it is done well. Then you can charge going rates and enjoy the pleasure of being a wedding photographer.

 

Best of luck!

 

Lou

[gerald_donnelly]

Yes you really do need a contract & you also should spend some money & have a lawyer look it over to make sure that you are protected. Laws vary from state to state. A generic form that you can pull off of a wesite may not address your state's specific law(s). Paying a lawyer to make sure you've got a valid contract is very cheap insurance.

[john_h.1]

I second Gerald's reccomendation. Don't just use other people's contracts no matter how good they claim theirs to be or that a lawyer wrote theirs as the terms may be unsuitable for you without you realizing it.

 

While you are "low key", you are taking on a professional endeavor. Its not all about photograghy, its about running a business. It sounds like you envision getting into the 'business'. To sucessfully handle business matters, you need to prepare and that requires advance preparation and investment including obtaining RELIABLE guidance for issues beyond your expertise.

 

Good luck.

[mtrejo6]

Always, Always, Always have a contract. If there's one thing I've learned from this site, you don't do business without a contract regardless of the fee you're charging. Even if it's for free, write up a contract. You'd be amazed how there are some people out there that will always try to take advantage of you. That piece of paper will always save your behind if it's well written. Good luck to you.