Collabration work, What contracts do I need?

[r. franks]

I'm partnering with another photograper, she has her own website and thing going,

and I'm about to get mine going too, but we're also wanting to start something

together, mostly doing weddings together, but some other portrait sessions,

basically whatever work we get from our joint website. This is still in the beginning

stages, and i'm not sure what to call our deal, I guess a partnership, since we're

50/50 on anything we do together. But I know there's all kinds of things that can

go wrong so i wanna play it safe, and need to know what type of contracts I need

to be looking at to protect ourselves. I trust her, but haven't known her long, and I

just want to make sure we do everything right. So far we're working on a joint

website, with our photos both up, we'll edit our own photos, we don't do studio,

we'll be doing outdoor sessions, and on-loaction wedding photography, the money

will go to her paypal account (which I know i need some kind of contract for), and

if we end up seperating, I'd like to have some detailed contract stating what will

happen with the business. We also will be using our own equipment (so thats one

less thing i need to worry about), but we will be spending money on joint

advertising. i really would like to just know the names of the contracts i need to be

looking at, right now i can't put up the money to get actual legal advise. Help

please! thank you in advance!

[spritestress]

You are in over your head. The things you are doing are invitations to all sorts of trouble. In addition to contract law, your situation involves "business entity" formation law. Formally speaking, creation of a true "business partnership" can be quite complex because there are many issues to consider, just a few of which your own post outlines.

 

However, even if you had and could afford an attorney, every businessperson needs to have some basic knowledge of contracts in order to be able to evaluate the quality of the contracts the attorney creates.

 

Despite the fact that you are in over your head, there is no time like the present to catch up. Visit amazon.com to find and purchase some books about legal education for photographers. There are numerous books available with sample contracts and other legal paperwork for photographers. Purchase half a dozen of them. Read all those books carefully before reaching your own conclusions and deciding what will work best for you. It took me just a couple moments to generate the following list (please don't infer any recommendations):

 

http://www.amazon.com/Business-Legal-Forms-Photographers-CD-ROM/dp/158115206X/ref=sr_1_1?ie=UTF8&s=books&qid=1213611276&sr=8-1

 

http://www.amazon.com/Professional-Photographers-Legal-Handbook/dp/1581154771/ref=sr_1_4?ie=UTF8&s=books&qid=1213611384&sr=8-4

 

http://www.amazon.com/Legal-Handbook-Photographers-Rights-Liabilities/dp/1584281944/ref=sr_1_6?ie=UTF8&s=books&qid=1213611384&sr=8-6

 

http://www.amazon.com/Wedding-Portrait-Photographers-Legal-Handbook/dp/1584281480/ref=sr_1_8?ie=UTF8&s=books&qid=1213611384&sr=8-8

 

http://www.amazon.com/Business-Studio-Photography-Start-Successful/dp/158115254X/ref=sr_1_12?ie=UTF8&s=books&qid=1213611384&sr=8-12

 

http://www.amazon.com/Standard-Agreements-Contracts-Programming-Development/dp/0971339899/ref=sr_1_17?ie=UTF8&s=books&qid=1213611552&sr=8-17

 

 

http://www.amazon.com/s/ref=sr_pg_1?ie=UTF8&rs=&keywords=photography%20business%20contracts&rh=i%3Aaps%2Ck%3Aphotography%20business%20contracts&page=1

 

 

You can also simply google "contract law":

 

http://www.google.com/search?hl=en&q=%22contract+law%22

 

and start reading the countless links that provide lots of background information about contract concepts.

 

 

Too many talented and well intentioned photographers, with inadequate business education and training, all too often end up in the kind of situation the following photographer faces:

 

http://www.photo.net/bboard/q-and-a-fetch-msg?msg_id=00Ppgc

 

 

Good Luck ...

 

Sprite Girl

[john_h.1]

"i really would like to just know the names of the contracts i need to be looking at"

 

Ordinarily such a contract is called a partnership agreement. You should at least read material about the subject, figure out what you and your partner wantt and need to have in place. You can make a draft agreement based on what you find and bring it to an attorney for review for any adjustments. The cost should be much less that way.

[ilzesgimene]

heres my 2 cents....the money will go to her paypal account ..... this just screems at me.... I might trust my mother to have a paypal accout and put my money into it.... but thats about it..... you also gotta discuss paypall fees... in above coments there is a ton of good advice..... books can help... first you have to outline business.... you said you are doing on location shoots.... are you getting there in your own cars or carpooling... is your venture 2 businesses or one... that will be crucial at tax time....from tax prepares point of view you have to have clear lines an decitions how you define your bussines.... you will have to decide on depriciation, business expenses, and income.... who is making decidions on prmotion materials.... are there links of your personal websites on your joint one.... are pictures going to have credits to both of you?... if you split how will split or own proofs?... or profits from previous joint assignments?..... if you take an extrordinary image at a joint assignement and want to publish it, will you share profits?... also ... lets say you take 600 images at the wedding...and narrow it down to 100 best for the client, what happens to the rest?, who will own them? who will maintain them?......other than that who will maintain libraries and backups of you assignments?.... who will pay for that?... well I hope you will find some food for thought here... and good luck.... p.s.as long as you both sit down and outline al 'what iffs" and sign contract (SIGN ON PAPER WITH A WITNESS PRESENT) you shoul be fine

[r. franks]

Thank you all for the great information, thats why I can't stop coming back to this site.

You've raised alot of questions, and I know I'm in over my head with the legal stuff, but

I'll do my research, look at all the links, go over everything with the other photographer,

and do what I have to do. Thanks so much again.

[jerry s]

I recently entered a similar relation with another photographer. Both of us are free to do our own "individual" work (maintained on separate websites, and separate accounts), and collaborative works. In our case, our accountant and bank representatives were very helpful. As for the credit card payments, we established a separate bank account for the partnership; all proceeds from collaborative works go into that account, and both of us are signers on the account. In addition to the lawyer, make sure you talk with your accountant!