Where can I find example contracts to use when shooting low paid weddings

[ellie_smarks]

<p>Hi all,</p>

<p>I've been skulking here for ages and have recently been persuaded to snap at a few friend's and friends of friend's weddings. They are all couples who would not have had photographs if I hadn't agreed and they understand that I am not a wedding photographer.</p>

<p>From all my skulking I seem to recall many pros suggesting a contract might still be in order in this situation but most of the stuff I can find online is extremely detailed. Do I need to have something as comprehensive in this situation? What is I'm attempting to cover myself for through this contract if they know I am not a professional at this type of photography?</p>

<p>Elllie xx</p>

[william-porter]

 

 

<p>Ellie,</p>

<p>Google "wedding photography contract" or similar phrases and review what you find. You can take one of those contracts and adapt it to your own needs. Here's a page I remember reviewing a couple of years ago myself:</p>

<p><a href="http://wedding-photographers-directory.com/contracts.aspx">http://wedding-photographers-directory.com/contracts.aspx</a></p>

<p>But there's a lot of info available and I haven't reviewed all the sample contracts there, so check out other pages as well.</p>

<p>The principal goal of a contract is to avoid misunderstanding. It should state what you will do and what the client will do. It may also specify what you will NOT do or at least what you can't absolutely promise to do. It will often include some statements limiting your liability, for example, wedding photography contracts often include a clause that says something along the lines of "If I can't deliver photographs to you the client due to causes outside my control, my financial liability to you will be limited to the return of any amounts you have already paid." A clause like this is in there to protect you if, for example, you are in a car accident on your way to the wedding and your shutter-finger is broken and you simply can't shoot the wedding.</p>

<p>It doesn't have to detail absolutely everything. For example, the contract doesn't have to state that the photographer will use a camera with a resolution of at least 10 MP, or that the photographer will take a photo of the garter toss, etc.</p>

<p>My own feeling is that, especially at the less-expensive end of the market, a simpler contract is better. If possible, keep it to one page. A five page contract that looks like an apartment lease, with a lot of "party of the first part" stuff and subclauses, practically begs to be reviewed by the bride's family's lawyer. I do not think you need a comprehensive contract. You don't even need to use the word "contract." I call mine a "Letter of Agreement."</p>

<p>*</p>

<p>If you are doing this informally—in other words, if the clients are friends and if you aren't pretending to be a professional—then I think a very simple written agreement would be fine. It might actually be a letter, starting out, "Dear Susie and Norbert, Thanks for asking me to photograph your wedding. I will do my best to do a great job for you. Here are the terms we've talked about already and agreed to." It would then go on to specify the terms, perhaps like this:</p>

<ol>

<li>Susie and Norbert's wedding will take place on Saturday, November 20, 2010, at St Mary's Church on Second St in Smalltown. The wedding ceremony begins at 11am. The reception will be held at Rancho Spectacular on County Line Rd, from 1pm to 5pm.</li>

<li>Ellie agrees to attend Susie and Norbert's wedding to take photographs of the wedding ceremony, to take photographs of family groups after the wedding (as time permits) and to attend the reception and take photographs of the traditional events at the reception (first dances, cake cutting, bouquet and garter toss, etc.).</li>

<li>Ellie has discussed her limited experience as an event photographer with Susie and Norbert.</li>

<li>Within 30 days after the wedding, Ellie will provide Susie and Norbert with a computer disk (CD or DVD) containing a selection of 100-200 of the best photographs from the day of the wedding, in the form of high-res digital photo (JPEG) files. The selection will be made by Ellie. The disk will not include every photo that was taken. (For example, it will omit test shots, shots with technical errors, shots where the shot is marred by somebody's closed eyes or embarrassing expression, etc.) Ellie will retain copyright on the photos that she takes at Susie and Norbert's wedding, but Susie and Norbert will have the right to use the photos in any way they like, except that they may not use the photos for commercial purposes. </li>

<li>After high-res files have been delivered to Susie and Norbert, preservation of those files into the future will be their responsibility.</li>

<li>Photos will also be placed online and it will be possible for Susie and Norbert, as well as their friends and family, to order prints online.</li>

<li>Susie and Norbert agree to pay Ellie $500 for the services specified above. Payment in full is due no later than one week before the wedding. </li>

<li>If Ellie is unable to perform the services specified satisfactorily for any reason, she will return any money she has received for these services and will not be subject to any further financial liability.</li>

<li>Ellie would be happy to consider performing other services such as taking a bridal portrait or creating a printed photo album for reasonable additional fees, but these services are not part of this agreement.</li>

</ol>

<p>That's a start. It might even do as is—adjusting the terms, of course, as you see fit. (For example, you might NOT deliver high-res jpegs. Or you might deliver high-res jpegs and not bother putting files online.) This is not what my own, slightly more formal letter of agreement looks like. I'm sure that others who respond to you will suggest that you include additional clauses (for example, specifying that you are the sole photographer, that you are subject to house rules at the church or reception venue). But as I have suggested, NO contract ever specifies absolutely everything. And for an informal agreement, I think it's better to keep as much as possible informal.</p>

<p>You make two copies, and at the bottom, you both sign and date your signatures, and each of you gets a copy. At least that's the conventional way to do this. However, an exchange of emails will do perfectly well for your purposes. You can talk about the terms over the phone, get the bride to agree verbally, send her an email with the terms specified, and simply ask her to quote your email and reply to you, with words indicating her acceptance of the terms. </p>

<p>*</p>

<p>A couple comments on my example, by item number.</p>

<p>1. Do specify date, location, and time. My worst nightmare is missing a wedding due to confusion about this.</p>

<p>3. I don't personally think that your letter has to say anything more about your experience than this. You don't have to state in writing, "I've never done this before and I have no idea what I'm doing and you are really taking a big risk hiring me." If they know your experience level and have some other reason to think that you can take photographs that will make them happy, that's fine. Just mention that you've talked about this. Another way to put this: "Susie and Norbert understand that Ellie is not an experienced professional wedding photographer."</p>

<p>4 and 5: Obviously, edit these as necessary. </p>

<p>6 and 7. If you are doing the wedding for free, specify that. And if you are doing the wedding for free, then I'm not sure that item 7 is necessary.</p>

<p>8. Obviously if you don't WANT to suggest that you do anything else such as a bridal portrait or album, then skip this item.</p>

<p>*</p>

<p>KEEP IT SIMPLE. </p>

<p>Then prepare for the weddings and try to do your best. Good luck.</p>

<p>Will</p>

 

 

[ellie_smarks]

<p>Thanks so much Will, that's super super helpful! xx</p>

[david_schilling___chicago_]

<p>If all you are doing is taking some "happy snaps" at some friends and friends of friends wedding then I don't see the need for any contract and a contract could actually give the impression that you're a pro when you're not. OTOH, If you are charging them money to shoot their weddings then a contract would be in order. A proper apprenticeship in wedding photography would give you ample exposure to such contracts.</p>

[william-porter]

<p><strong><em>"If all you are doing is taking some 'happy snaps' at some friends and friends of friends wedding then I don't see the need for any contract and a contract could actually give the impression that you're a pro when you're not. OTOH, If you are charging them money to shoot their weddings then a contract would be in order. A proper apprenticeship in wedding photography would give you ample exposure to such contracts."</em></strong></p>

<p>I agree partly, disagree partly. But I want to respond because it's also possible that I misunderstood the original post.</p>

<p>Ellie's original post suggests to me (a) that she knows folks who think she's a good photographer and (b) that because of that she's been asked to be "the photographer" at © several weddings, and finally (d) something about the nature of the request she has said yes to suggests to her a degree of formality about her responsibilities that makes her think a contract might be in order. That doesn't sound to me just like she's been invited to the wedding and somebody casually suggested that she bring her camera along, too. It sounds as if some friends have said, "We can't afford a pro photographer, would you please stand in and do the job for us?" Moreover, it sounds as if she's been asked not just by direct personal friends of hers, but also by "friends of friends," which suggests to me that her relationship with those folks will be less personal and more business-like.</p>

<p>If I've got this right, then I think it will be valuable for you to have a clear understanding with the bride and groom about your responsibilities. However, I quite agree with David that you don't want to hand them a "contract" that makes you look like you are pretending to be doing this as a business. THat's why I stressed keeping it brief and informal, and even suggested putting it in the form of a simple, friendly email. </p>

<p>Will</p>

[mark_t5]

<blockquote>

<p>THat's why I stressed keeping it brief and informal, and even suggested putting it in the form of a simple, friendly email.</p>

</blockquote>

<p>That has tendency to become a disaster when things don't turn out the way the bride expected it to be. Granted, 99% of the times everything will be ok. I guess it all depends on how much of a gamble you want to take.</p>

<p> </p>

[david_schilling___chicago_]

<p><em>"That has tendency to become a disaster when things don't turn out the way the bride expected it to be......" </em><br>

<em> </em><br>

Exactly, and occassionally, brides can become unhappy even with professional results. Brides can also be overly optimistic about what they expect the images to look like, especially if they've seen an impressive folio from a newcomer who has cherry-picked a handful of images out of thousands that they have taken. If this is just a friendly arrangement, I would suggest avaoiding a contract.....however, if there is a money exchange for services then you are presenting yourself as a pro and "raising the bar" of expectations and potential disappointment.</p>

[greg_c.]

<p>This post is excellent. Thanks Ellie for asking such a good question and to Will for answering it so brilliantly.<br />I will definitely use your good and thorough 'letter of agreement' pointers before photographing my first wedding for pay, one less thing, right? I say don't be afraid, have fun and keep it simple. Thanks again.</p>

[ellie_smarks]

<p>Yes Will you are right. Two are friends/colleagues and two are friends of friends. I am the "official" photographer at each of these so it's more responsibility than just "happy snaps". I have specifically asked them not to pay me although most are giving me a little anyway. I'm thinking some sort of formal correspondence confirming what we've discussed verbally (i.e. that I am not a wedding photographer and do not claim to be) should take place so that we both know that if either of us is not happy with the results they will have "got their money's worth" so to speak!</p>

<p>Thanks Greg!</p>

<p>I and the B&G were happy with the results of my first wedding shoot but I obviously do not expect to be paid until I'm confident of my skills. I wasn't planning to shoot any weddings except maybe as a second shooter - coming from a Jewish background my experience of weddings thus far tends to be a HUGE function. But these smaller, less ostentatious weddings give me a less terrifying place to start and provide memories for people who weren't otherwise going to bother. Not sure I could hack the stress of those larger ones - definitely not until I've experienced them as an assistant or second for a long time anyway!</p>

 

[cathy_and_david_bock]

<p>You need a contract. 100%!! Also make sure that if you have any product you want to sell them that you have a EID and a business license (otherwise it's illegal to charge money) as well as a sales tax license. Not worth the legal problems. So be legal or not at all.</p>

[ellie_smarks]

<p>Cheers Cathy and/or David Bock - I'm registered as a Limited company here in the UK so am free to sell my services in whichever way I see fit ;) !!!!</p>

<p>xx</p>

[steve m smith]

<blockquote>Also make sure that if you have any product you want to sell them that you have a EID and a business license (otherwise it's illegal to charge money) as well as a sales tax license.</blockquote>

<blockquote>

<p>Cheers Cathy and/or David Bock - I'm registered as a Limited company here in the UK so am free to sell my services in whichever way I see fit ;) !!!!</p>

</blockquote>

<p>Although in the UK you do not need to be a limited company or have a 'business licence'. What's an EID?</p>

[cathy_and_david_bock]

<p>EID - Tax ID Number. (technically don't need that but it helps business wise and taxes wise). You also need a sales tax permit (to charge for it) in the US. Don't know the laws in UK.<br>

Awesome Ellie. Way to go. ::thumbs up:: :D</p>