Do I need a contract?

[ryan_smith9]

<p>I am doing my first bit of 'professional' work in photographing a bodybuilding competition in a couple months. I have been selected as the photographer of the event. I have been to other events and know pretty much what to expect from a shooting perspective. My question is on the business side. Do I need a contract with the event coordinator? My name is/will be on all fliers/promotional material for the event as the exclusive professional photographer. At these events family members/friends always bring their cameras and take pictures (which I can not stop) but they shouldn't interfere with my work</p>

[Matt Laur]

<p>Who is your customer? Are you being paid? How will the images be used?</p>

[geoffs1]

<p>Yes.</p>

<p>Even if you're not being paid (other than free publicity and similar "in kind") I would have a contract that sets out (at least) what you are going to provide to the event organizers and what services you are expected to provide to the event participants. I would also put in the expected access and the like so you're not signing up to provide photos that you won't be able to take.</p>

[ianivey]

<p>In every situation I've observed in which someone felt he had to ask "do I need a contract?", the answer was "yep."</p>

<p>You want to establish concrete agreement about, among many other things:</p>

<ul>

<li>what they expect from you, </li>

<li>when they expect it (both execution and delivery of images),</li>

<li>in what form they expect it,</li>

<li>what you need from them in order to be able to deliver on that expectation, </li>

<li>the extent of your liability to them in the event you fail to deliver,</li>

<li>the extent of your liability if you contribute to an injury of some kind,</li>

<li>the amount of payment / compensation, </li>

<li>the form and/or content of payment / compensation, </li>

<li>the time of payment,</li>

<li>options and compensation terms for extending coverage if, for example, the coordinator asks for additional work on site,</li>

<li>your authority on scene to direct and arrange people and props, including authority to limit activity of other photographers, if any,</li>

</ul>

<p>Lots of other considerations as well -- this is not a comprehensive list.</p>

 

[daverhaas]

<p>In every instance where I have asked myself if I should have a contract the answer has always been "YES". </p>

<p>Get one drawn up so that you and the event coordinator are on the same page. </p>

<p>Dave</p>

 

[john_h.1]

<blockquote>

<p>I have been to other events and know pretty much what to expect from a shooting perspective. My question is on the business side. Do I need a contract with the event coordinator?</p>

</blockquote>

<p>Imagine if a business person were hired to shoot the event and then asked if they need a camera to shoot it. You are a business person person now and you just happen to know photography but do not know if a contract is important. Its sort of like a photographer not knowing about photography. If you are going to engage in business, you need to learn about business just as much as you need to learn about photography if you are going to be a photographer.</p>

<p>Time to hit the books.</p>

[see_r]

<p>For the past 2 years I have worked exclusively as a consultant (in a line of work other than photography), and I always use a contract. If you can get your client to provide the initial contract, or at least the initial draft (which you can suggest changes to) that would be ideal. I am not a lawyer, but a lawyer told me that if there is ever a legal case the "contract is always more strongly construed against the person who initially drafted the contract." But obviously it is better for you to draft a contract than to have no contract.</p>

[jole_t]

<p>" If you can get your client to provide the initial contract, or at least the initial draft (which you can suggest changes to) that would be ideal. I am not a lawyer, but a lawyer told me that if there is ever a legal case the "contract is always more strongly construed against the person who initially drafted the contract.""<br>

That may be the most asinine reason I've ever heard not to want to control the drafting of a contract.</p>

[john_h.1]

<blockquote>

<p>a lawyer told me that if there is ever a legal case the "contract is always more strongly construed against the person who initially drafted the contract."</p>

</blockquote>

<p>I don't know if its time to find a new lawyer or if that one should have been listened to more carefully. This rule applies in certain instances for example, where there is an ambiguity in the terms and the drafting party has an unfair superior bargaining position such as an insurance company with an insurance policy.</p>

<p>I agree with Jole's conclusion except I might have used the word "poor" instead. I understand the sentiment however. Having clients draft the contracts is begging for trouble.</p>

[kevin_delson]

<p>It seems the consensus is a resounding "YES"; one I echo.</p>

<p>While being paid is important, it is not the <strong>most</strong> important.<br>

Getting paid is the endpoint; getting to that endpoint requires YOU to do a little homework.</p>

<p>Be more concerned about protecting yourself contractually.</p>

<p>Look deeply into <strong><em>"Indemnification"</em></strong> agreements.<br>

This "agreement" aspect in my contracts is the longest with useage rights coming in at a close 2nd.</p>

<p>If something goes awry during the shoot, getting paid will not be satisfactory; keeping the money is what you want w/o further legal hassles.</p>

[jole_t]

<p>"Having clients draft the contracts is begging for trouble."<br>

I wasn't commenting on clients drafting.<br>

I was commenting on a lawyer suggesting you should let the other side's lawyer draft because ambiguities are, under certain circumstances, construed against the drafting party.</p>

[john_h.1]

<p>I would agree with you about that as well considering how routine the transaction is, the incredible amount of run around that would ensue and because this isn't even close to one of those "certain circumstances" in any event.</p>

[ryan_smith9]

<p>Thanks for all the responses. Sounds like I need to get reading on putting a contract together.</p>

<p>I am only getting paid <strong>IF</strong> and <strong>BY </strong>the competitors who decide to purchase the pictures that I take. There is no 'up-front' payment being made by the event coordinator.</p>