BetterPhoto Q&A
Category: New Answers

What should be in a Contract?

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January 30, 2006

My advice is to go see a lawyer and have them draft it for you.

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January 31, 2006

That being said, I'm no lawyer, and this is just my opinion, but this is a basic check list of some of what is in my contract:

-include a model release (Photographer maintains rights to all photos, negatives, digital files and may be used for advertising, display or any other purpose thought proper by the Photographer)

-include a statement about your abilities (Client understands the Photographers abilities & limitations based on samples of work shown)

-include a limited liability statement, this is a biggie!
(If Photographer cannot perform this Agreement in whole or in part due to a fire or other casualty, acts of God or nature or terror, or other cause beyond the control of the parties or due to Photographer's illness or injury, then Photographer will return all fees to the Client(s) but shall have no further liability with respect to this Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Photographer. Client(s) agree that an entire wedding cannot be replicated, reenacted or repeated for the purpose of a re shoot and limits Photographers's liability to the amount paid under this contract.)

-include specifics about what is included (# hours, all locations, how many photos, what size, albums, etc)

-include timeframe for delivery of items to client (i say 3-6 weeks)

-include info about overtime charges and costs of "extras" like reprints. I also state how long the price is good on these extras.

-include a statement that explains your payment structure (mine is $50 non refundable deposit to hold date, 50% of balance due 2 weeks before wedding, remaining balance due upon delivery of photos)

In my liability paragraph I also state that I will make a "reasonable effort to locate another photographer if I cannot shoot, but I am not liable to do so, nor is any such photographer bound by this Agreement".

In no way am I suggesting this is a COMPLETE contract, just some things to think about. I'd give you the sites I pulled this info from, but I have no idea what they were now. :)

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January 31, 2006

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January 31, 2006

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January 31, 2006

A contract describes the relationship in legal terms. A judge will throw out your contract if it does not apply (like applying laws that don't exist in that state). And yes, they are all quite different.

Also, make sure you visit a lawyer that knows about photography things, like copyright.

If you shoot, and are sued, you could potentially lose everything you own. So, it's important to have a solid contract.

A good insurance policy doesn't hurt either.

I harp on this alot, but shooting without insurance is about the not smartest thing that new photographers do. It is more important than your contract, actually.

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January 31, 2006

Writing a draft and THEN having a lawyer review it and make changes where necessary is a good middle road if you ask me, less expensive than having them draft the entire thing but you still have that protection of a lawyer's approval on it.

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February 01, 2006

...." Please note: Photography is a Artistic Media. And as such we do not guarentee that you will appreciate every image taken.
However, we do gaurentee we will do our best to satisfiy you and cover all the poses on the suggested pose list that you have recieved prior to this contract. We invite you to add any additional shots or poses you wish and submit a copy to us...."
We added this to our standard contract, when we had a Woman who felt we needed to submit only what she would like.lol.
Oh yes , that was a FUN debate.
My poor photographer!! I was stuck on the freeway trying to get to this 2nd (the contract )meeting. I walked in on this tangled conversation and had to explaine the above,
and the fact that every Photographer while trying to give you the tradional Poses, will also , try to give you something special and different to your event.
We have no way of pre-determining if you will appreciate that work, but we do it as artists for you and for our own portfolio.
We have given you a Posing sheet of the poses we are Gaurenteeing we will capture, (at that time they inital on the contract that yes they have.)
and we will meet with you the day of the event to collect it with any additions you may have(and on the day, they inital had additions or had none.)
* I have only had 1 event with added poses( due to the wedding being a huge Family reunion at the same time, so they wanted some extra"family reunion type" poses.

This has helped us alot!!
I hope this has helped you,
Debby

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February 01, 2006

hey do you guys have any recommendations for an international contract? I'll be "vacationing" in a confidential place at a confidential time in the middle east and i'm taking my AE-1's. if I get a shot of the locals i'll need a release. should I even worry about it?

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February 01, 2006

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February 01, 2006

You don't need a contract or insurance.

One day you will wish you did.

I don't care what you guys do or don't do. When you ask a question, I am giving you some professional advice about covering your @$$ and not losing everything you own. People are evil. Not all of them, but they are out there. Without something saying that damages are limited to the cost of the photography, you are open to the sky. What if someone says that your awful pictures caused them mental anguish because they were so bad. They lost their job, and now they are going to sue you for $500,000. Don't laugh. While it sounds outrageous, I read more outrageous non-sense than that in the news everyday.

We live in a world where counting on human civility and compassion and understanding is STUPID! You NEED to cover yourself in case you get a crazy person as a client. Crazy people don't look crazy. That's the problem with it, they look just like you and me.

OK, I'll stop ranting about this issue, and in fact will no longer respond to things about insurance and contracts because it just gets me worked up at the non-sense that is often written on these boards.

It is absolutely the most important thing you need to do for your business. It's like driving around without car insurance...it's just asinine.

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February 02, 2006

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February 02, 2006