Home · Register · Join Upload & Sell

Moderated by: Fred Miranda
Username  

FM Forum Rules
Wedding Resource List
  

FM Forums | Wedding Photographer | Join Upload & Sell

  

Archive 2012 · so whats in your contract

  
 
DimaVazinovich
Offline
• •
Upload & Sell: Off
p.1 #1 · p.1 #1 · so whats in your contract


i've thinking about writing a new contract for my couples ,
trying to figure out whats important to put inside , and whats not .

i know price + details of the package are suppost to be there ,
place + date ,
a line that the couple agree that they saw your work , and know what you are providing ,

hmm what else ?



Jul 17, 2012 at 06:32 AM
paparazzinick
Offline
• • • • •
Upload & Sell: Off
p.1 #2 · p.1 #2 · so whats in your contract


Whats in my contract? A bunch of words, few numbers and a place to sign.

My lawyer did a good job putting it together. I highly recommend you DO NOT do your own contract unless you are a lawyer yourself. It doesnt cost much and will save your ass in the end.

Example.... My friend started his business around the same time I did. I spent the $500 to have a lawyer help me with a contract. My friend didnt want to spend it because he thought it was too much and he could just throw his own together.

At some point we all will need to exercise our contracts. I had a client who was pissed off for some dumb reason and threatened to take me to court. once their lawyer read the contract they offered to settle out of court. it was something dumb along the lines they wanted certain photos but I couldnt get them because there was not enough time in the day to do it. Contract covered my ass.

My friend got sued by a client because he didnt get a tack sharp photo of the first kiss. The client was pissed and took him to court. The judge basically laughed at his contract and pointed out all the loop holes, faults and negatives and how any court case against him would lose because of his poor contract. The judge said why even have a client sign it since it is basically a waste of time.

So do you want to take those same risks? Do you want to live on the edge hoping all is well with the business you built? Seriously, go see a lawyer. its worth it.



Jul 17, 2012 at 10:11 AM
elader
Offline
• • • •
Upload & Sell: Off
p.1 #3 · p.1 #3 · so whats in your contract


wow, that's food for thought. Thanks Nick.

paparazzinick wrote:
Whats in my contract? A bunch of words, few numbers and a place to sign.

My lawyer did a good job putting it together. I highly recommend you DO NOT do your own contract unless you are a lawyer yourself. It doesnt cost much and will save your ass in the end.

Example.... My friend started his business around the same time I did. I spent the $500 to have a lawyer help me with a contract. My friend didnt want to spend it because he thought it was too much and he could just throw his own together.

At some
...Show more



Jul 18, 2012 at 10:34 AM
marti.g3
Offline
• • • •
[X]
p.1 #4 · p.1 #4 · so whats in your contract


paparazzinick wrote:
Whats in my contract? A bunch of words, few numbers and a place to sign.

My lawyer did a good job putting it together. I highly recommend you DO NOT do your own contract unless you are a lawyer yourself. It doesnt cost much and will save your ass in the end.

Example.... My friend started his business around the same time I did. I spent the $500 to have a lawyer help me with a contract. My friend didnt want to spend it because he thought it was too much and he could just throw his own together.

At some
...Show more

So let's just copy yours....



Jul 18, 2012 at 10:41 AM
Prettym1k3
Offline
• • • •
Upload & Sell: Off
p.1 #5 · p.1 #5 · so whats in your contract


paparazzinick wrote:
Whats in my contract? A bunch of words, few numbers and a place to sign.

My lawyer did a good job putting it together. I highly recommend you DO NOT do your own contract unless you are a lawyer yourself. It doesnt cost much and will save your ass in the end.

Example.... My friend started his business around the same time I did. I spent the $500 to have a lawyer help me with a contract. My friend didnt want to spend it because he thought it was too much and he could just throw his own together.

At some
...Show more

You never went to court. You dealt with attorneys, who tend to make money by the billable hour. They have no reason to go to court over a few thousand dollar suit that may or may not get them a few hundred dollars.

A Judge on the other hand? He's salary. He doesn't get paid for issuing good rulings or bad ones.

Sorry, but I've worked and still work in the legal field as my day job, and getting the right/wrong attorney, and right/wrong judge has, at times, a lot to do with most Civil cases that don't go anywhere near a jury. And even that said, I'm sure this case was a small claims case.

On a side note, having something about "Photographer has final say and artistic liberty to all photographers taken. Client hires photographer knowing and having researched the skills and techniques photographer uses, but also understands that each and every wedding is different and because many parties are involved in each wedding that some events and happenings are out of the photographer's control" could save you.

Words like that will cover your butt for life.

No. I'm not an attorney before someone asks. Paralegal for the last 12 years.



Jul 18, 2012 at 01:07 PM
FrancisK7
Offline
• • •
Upload & Sell: Off
p.1 #6 · p.1 #6 · so whats in your contract


OP is from Israel. Don't know about the mentality there, but here in Canada, people very rarely sue. It's only in the US that suing for just about anything, from sneezing on their sleeve in the subway to looking at them in a way they didn't like, has become the norm.

If I was in the US, I'd definitely see an attorney.

Suing for a lack of tack sharp first kiss photo is something that would probably never happen here.

Still, better safe than sorry.... or is that what they say?



Jul 18, 2012 at 01:11 PM
DimaVazinovich
Offline
• •
Upload & Sell: Off
p.1 #7 · p.1 #7 · so whats in your contract


in israel clients doesnt sue alot , but still you always have those couples that have complaints


Jul 18, 2012 at 04:32 PM
burlybison
Offline

Upload & Sell: Off
p.1 #8 · p.1 #8 · so whats in your contract


Thanks for this. I'm just starting out and didn't even think about a contract. Just more research to do I guess.

"....but here in Canada, people very rarely sue."

So do you have a contract for your clients in Canada?



Jul 24, 2012 at 10:51 AM
Ian Ivey
Offline
• • •
Upload & Sell: Off
p.1 #9 · p.1 #9 · so whats in your contract


1. Parties
2. Relationship of parties
3. Dates, times, locations
4. Services and products; delivery of products
5. Payment and terms of retainer
6. Travel expenses and terms, if applicable
7. Method of payment and returned payment clause
8. Cancellation by clients
9. Rescheduling by clients
10. Cancellation by photographer, substitution
11. Time needed for private / formal photography
12. Sole professional photographer
13. Requested photos, lists, no specific guaranteed image
14. House rules at venues
15. Price protection (time limitation)
16. Copyright
17. Terms of clients' license to reprint, share, copy
18. Model release
19. Meals, time for meals
20. Limited liability
21. Entire agreement, jurisdiction, severability
Signatures



Jul 25, 2012 at 12:34 AM
Ian Ivey
Offline
• • •
Upload & Sell: Off
p.1 #10 · p.1 #10 · so whats in your contract


Three main benefits of a detailed agreement:
1) to have a checklist to walk through with the clients at booking time, to ensure that you and they actually discuss all the key services/products, expectations, and responsibilities, and actually agree on those points in detail;
2) to have this relaxed and detailed conversation in your relationship history, so that when there is misunderstanding weeks or months or years later -- as when clients forget having agreed to a term of the relationship -- you don't even have to pull out the document; you merely remind them of the conversation you had when you signed the document (they'll go pull it out, themselves, if they still doubt you, and recall it better when they see the terms), thus nipping 95% of all potential legal disputes in the bud; and
3) to have the power and protection of the binding agreement if a legal dispute does develop.



Jul 25, 2012 at 12:46 AM
amonline
Offline
• • • • •
Upload & Sell: Off
p.1 #11 · p.1 #11 · so whats in your contract


paparazzinick wrote:
Whats in my contract? A bunch of words, few numbers and a place to sign.

My lawyer did a good job putting it together. I highly recommend you DO NOT do your own contract unless you are a lawyer yourself. It doesnt cost much and will save your ass in the end.

Example.... My friend started his business around the same time I did. I spent the $500 to have a lawyer help me with a contract. My friend didnt want to spend it because he thought it was too much and he could just throw his own together.

At some
...Show more

I would actually be very interested in reading yours.



Jul 25, 2012 at 02:26 AM





FM Forums | Wedding Photographer | Join Upload & Sell

    
 

You are not logged in. Login or Register

Username       Or Reset password



This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.