Wedding Contract - No Fee

[geoffcauble]

Over the years I've shot many weddings and I've got a pretty extensive contract that I feel comfortable with.

Now I'd like to shoot a wedding for a very good friend as a gift (he has already asked me to do the work, doesn't

know that I don't intend to charge him). I know the groom well and trust him implicitly but I don't really know

the bride or her family. I want to have a contractual agreement so that my relationship with the bride and groom

is clearly spelled out and my liability concerning missed shots/expectations/unforeseen conditions is limited.

 

Do I just say that the services will be provided for zero dollars and then continue on with my contract and all

the other protective clauses as normal? Is a contract binding when there is no consideration paid for the

services? I don't want an upset MOB saying, "you'll hear from my attorney because you didn't get a shot of Uncle

Bob" (though I have no indication of trouble, or a bad vibe concerning the bride or her family). Any help would be

appreciated.

[daverhaas]

Geoff -

 

Using your contract is a good idea even for a "gift" ... That way everyone knows what's what up front and there are no questions / issues later.

 

I'd change all the $ amounts to 0.00.

 

I'm not a lawyer, but I believe that you would still have a valid and enforceable contract. If it's not valid / enforceable at $0.00 then I'd charge him - $1.00 ...That way it is enforceable...Cities / Municipalities use the $1.00 contract all the time to sell unwanted land or to exchange it for other property.

 

Dave

[christopher hartt dallas]

I do have a law degree, but forgot most of what I learned... DO charge $1.00 as nominal consideration. Even though the amount is not compensatory for your services, the $1 does constitute nominal "consideration" and is evidence that both parties are approaching this contractual relationship with the expectation that the contractual form will be the controlling document for your relationship. "Good fences make good neighbors"...borrowing from that I'd suggest that "Good contracts keep good friends."

[geoffcauble]

Excellent! Thank you both for your advice, I'll definitely proceed with the nominal consideration.

 

Geoff

[William Michael]

Any Pro Bono work I do all the paperwork remains the same until the end, where the invoice is sent and marked:

 

(CREDIT) PRO BONO:

 

Invoice Paid in Full / Balance Remaining = NIL.

 

In my area that covers all bases, legal, contractual, insurance and accounting, including records for taxation purposes.

 

I have a friend, who recently did some dental work for me, he followed exactly the same procedure: it is a very nice surprise in the mail, too.

 

You might wish to confirm these details with the professionals concerned in your area.

 

 

WW

[William Michael]

Oh, BTW, I was doing other things whilst this thread was opened at my desk without any commnet posted. . . and so I had not read any other comment prior to mine . . .

 

Nonetheless my comment might be useful, especially if you wish to keep the `surprise` until later.

 

Even if the ``balance remaining`` needs to be $1.00, to suit your legal system.

 

WW

[ed farmer - mount laurel,]

As others have stated, in most legal systems there must be consideration given by both sides for a contract to be enforcable. In other word, they have to pay you something in order to be able to prove any damages against you. However, this points out that the $1 really protects them, not you. If you do it without a contract, you may be safest of all.

 

I have a real problem working for family and friends . . .

 

Ed

[david_schilling___chicago_]

One other word of caution. While you can shoot the event as a gift, have you considered the potential after event add-ons that might be requested? If you're shooting film you can simply handover the cannisters and let them take it from there, or do you pay processing, printing, etc... If you're digital, you'll have postprocessing activities to handle, then what? Give them a DVD, prints, online proofing with the ability to accept orders from family/guests for prints? Special handling of clients after the event can be even more frustrating and challenging than covering the wedding.

 

Shooting for family and friends can get a little, or alot weird. The key is to have good communication and clear expectations beforehand. Good luck.

[geoffcauble]

Thank you all for your responses, always appreciated.

 

William - A practical way to carry this out, thank you. I always appreciate your considered and detailed answers on the photo.net boards.

 

David - I'll post process (digital) like norm and then post them to my SmugMug gallery site for reprints. In addition the couple will receive high quality JPEGs on DVD with reproduction rights. I don't think it will create a hassle post wedding, I'm already kind of "self-serve" on that side. I've shot a couple of other weddings where I knew the people pretty well. It can be weird and after one experience I've really changed my practices. You are absolutely correct that communication and expectations have to be excellent and I think they are in this case.

[david_schilling___chicago_]

Sounds good. I've also found the customer service at smugmug to be quite good and I rarely need to get involved with issues over the prints/orders.

 

BTW, you're quite a generous friend. Best wishes.

[hilarye]

Geoff,

 

In order for a contract to be valid, some dollar figure has to be exchanged. It can be as little as $1.00, but

there has to be something exchanged otherwise its like not having a contract at all. They don't actually have to

give you a dollar though. :)

 

~Hilarye~

[dawn_kelly]

Charge them half price, then after the event is over and everything is delivered and everyone is happy, give them a gift check for that amount. This way if things do turn bad, you do have some funds. If everything turns out great, you look like the most generous person around.