Past Client Purchasing Services as Gift for Someone

[ryan_smith10]

<p>Hello and thank you for your insight!<br>

<br>

I've been hitting these forums hard lately with questions, so I appreciate 100% all the effort everyone puts in :).<br>

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I have a client that would like to purchase my services for someone else as a gift for their wedding (I have amazing clients! :) :) :) ), however doesn't want that person to see a price (as it's a gift), so I was wondering if there's a way around this.<br>

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I live in Ontario, Canada if that helps any. It was my understanding that contracts that don't have ANY compensation were void. Could I refer to payment in an abstract sense, such as:<br>

"payments will be made in full by mr. XXXXXXX, by such and such a date, total amount which can found in "Contract XXXXXXXX", by signing this contract, it is acknowledged that you have reviewed "Contract XXXXXXXX"."<br>

Whereupon I can draft up a separate small contract exclusive for the payment of the original contract?<br>

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I was thinking of putting some insignificant dollar figure on the original contract to make it legal (such as $1), however this doesn't seem right in case of dispute of payment.<br>

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I realize this may be better suited for a lawyer (or a legal forum!), but thought perhaps someone else has experienced the same thing.<br>

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Thanks!</p>

[william-porter]

<p>Ryan,</p>

<p>As a general matter of common law, you're right, what is called "consideration" (basically, your fee) is an essential element of a valid contract. But it sounds as if there is consideration in this case. Your contract will, I presume, be with the person who is hiring you, that is, the giver of the gift. Nothing terribly unusual about that. My contracts are often with the parents of either the bride or groom.</p>

<p>So my first thought is, where's the problem?</p>

<p>Is it that you want to give a copy of the contract to the bride (or groom?) just for informational purposes? If so, you can simply print out a copy and black out the dollar amounts, or print out a blank copy, or just print the parts of the contract that it's important for the bride to know about (like your requirements and restrictions). This is NOT the contract, it's at best a photocopy of the contract and doesn't even have to be that. You don't need to lie on it.</p>

<p>Or is the problem that you want the bride actually to be the other party to the contract? I've heard some folks here say that they regard the bride (or bride and groom) as their client regardless of who pays. As a practical matter, that's fine. I guess any one of us can "regard" anybody we want as our client. But the actual other party to the contract is the person whose signature is on it. If you always want the bride to sign the contract (as I believe some here do), then the bride is the other party and is personally liable for the responsibilities defined in the contract, including payment. She may be getting the money from her mom to pay your fee, or perhaps the checks are coming direct from mom, but that doesn't matter to the contract. If mom's check bounces, the bride is liable. In your current situation, you will (I expect) have a contract with the friend or relative who is hiring you, paying you and who signs your contract.</p>

<p>HOWEVER, if you insist on making your contract with the bride, then I don't see any way to get around the mention of the fee in the contract. I would certainly NOT sign a contract with "$100" listed as the fee!! You may have a personal arrangement back channel with the friend that he's going to slip you an extra thousand or two under the table. But that would, I think, be completely unenforceable and I would not work on such a basis.</p>

<p>Will</p>

[jon rennie]

<p>Why don't you just let the paying people sign the normal contract with all the $$ on it and just have the wedding couple sign a model release with usage rights and that stuff on it? As far as I know those don't need any monitary compensation to be valid.</p>

[ryan_smith10]

<p>William thank you very much for the time and effort you put into answering my question; I appreciate it. I think I have a more educated stance on the issue now, and can make a more informed decision. <br>

<br>

Thanks!</p>

[reda_salhani]

<p>Hey Ryan I recognized your nam and I see you work in Ottawa where I also live. I also checked out your website and I love your photo's. I was wondering if you would be looking to take on another shooter with you. I'm just starting off in photography and I'll start off cheap, or even free, until I get going :). My email is hsalhani@live.ca. Thanks.</p>