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Changes to the contract


natasha_canales

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That's never happened before so i'm curious how you would approach the situation.

A groom carefully reads the contract (pretty standart, i believe) and makes

certain changes. Some of them, like clause to compensate for travel expenses, i

wouldn't care because the wedding location is within my free travel zone.

 

The change that really concerns me is regarding photographer's right to use

the work for promotion, publication, exhibition and so on. The groom crossed it.

I shall say, i won't agree to photograph a wedding without the right to use my

work for self promotion, but my question is how to make this point to the groom

without just saying, this is my work, i have right to show it and i'm not going

to sign the contract without it.

 

Is it common concerns for couples? this is my 3rd year in wedding photography

and as i said never happened before. appreciate your thoughts.

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I would explain it honestly... which is that it is almost universally standard that wedding

photographers (or any photographers for that matter) will ask for and get the right to use

their photos for portfolio and self promotional purposes. Explain that it's something that

they will run across with just about every photographer they want to do business with.

Explain what you might do with the photos... your business website, sample albums,

promotional materials, etc... and not any use for stock photography, commercial product

advertising, etc. <p>

That said, if they are not a particularly "pretty" (portfolio worthy) couple, then I might let it

slide. Or perhaps offer to let it slide for an additional fee to compensate you for the loss

of that value to your business promotions. If they are a really good looking couple I would

try harder to change their minds. Shallow maybe, but I think something we all consider

(whether we admit it or not).

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You don't necessarily need to "RUN"... Part of being a good business person is

communicating with your clients, listening and learning their perspective, and selling them

on your services on your terms (within reason). Talk with them and at least learn "why"

they don't agree with your terms. Maybe they just don't understand the meaning behind

them (without seeing your contract, I can't comment on the wording). <p>

Most people booking wedding photographers have never hired any type of professional

photographer and are unfamiliar with the process. Part of your discussions with them

should be to go over some of these standard terms and explain it to them in layman's

speak. When they hear it explained in a comfortable context, it's usually much more

agreeable than if they just read the fine print on their own without you there to

explain.<p>

So if after you do what I just mentioned, if they still disagree or want to change things in a

way that you don't agree with then just politely say "those are my terms... I'm sorry if you

don't agree with them... I wish you luck in finding another photographer."

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I get this from time to time, it happens more with my model releases than with wedding contracts. The way I see it, I get many many chances every year to use images for promotion, it's not a requirement that I use every single photo I take on my website. So if a parent won't sign a model release I just say, "Ok, these won't be used for anything, let's get started." I had one bride that said she felt weird about having her pics on the internet so we crossed it out signed it, and the pictures are collecting dust on my hard drive. It's not the end of the world unless this is your first wedding or something.
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natasha - this happens every so often. do you know WHY the groom is concerned? a classic mediation strategy is to focus on INTERESTS, not positions. address the groom's interests - is he concerned his pictures will be online? is he concerned that his aunt mabel will copy them and photoshop them and put his head on someone else's body? address his interest and things might clear up.

 

I wouldn't dump a client just because of this...

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Natasha, communicate with him.

 

"Inquire" as to why he crossed it out.

 

Then, ask him what he fears might happen.

 

Now you have something that is tangible.

 

Assure him; if it's a deal breaker then you need to decide if the wedding may produce something that you absolutely can't do without.

 

Ask, then assess.

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I don't allow people to just "cross out" lines in my contract. If they have a problem with something, they need to email me or call me and ask about it. When people just start altering my contract w/out even asking, I take that as a trouble sign.

 

I'd contact him and say that you recevied the contract, but you cannot accept it with the changes he's made. Then ask why he made those changes and if you could discuss his concerns.

 

Karen

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I'd be concerned that he just crossed out something on the contract. BUT, to the point... I'd think if you wrote up a new contract (which is what I'd do if someone wanted to change something) taking out the "photos for promotion" piece and you DID find a few shots you wanted to use because they were so awesome and amazing.... Well, I'd bet the couple would agree and then sign a post contract allowing you to use just those awesome, cool, wicked, bitchin' shots.

 

Right? :-)

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If they cross something out, I'm pretty sure that both parties have to initial that part of the contract (the same as you would a cheque) before it's legal. I've done this before where they wanted to change a part of the package after the fact, rather than make a new contract and void the old one, we just changed the lines taht needed changing and everyone initialed that line.
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Be thankful for the ones that don't ask you for a discount for allowing you to use their images for your private business advertising. They are paying thousands of dollars for the event. So would you if you had to set it up for a photo session. When my wife and her mother were hiring the photographer for our wedding, she (the pro) smiled and lined out the advertising release without a blink. Besides, most of the time, the contract isn't signed by the whole wedding party or any of the other people who may be included in various shots, nor is the "property" released, etc. Don't worry about it.

 

You do need to show that both parties were aware of the changes, typically initials are used, then copies should be made for both/all the parties as well. Your lawyer will let you know what flies in your area.

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Who hired you to photograph the wedding? The bride or the groom?

 

 

 

 

Unless the groom is sporting the payment and hiring you, he probably needs to adjust his contract interpretation style. {He won't be the Mr. of Miss Brown until after the wedding ceremony....}

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