Possible job contract
/forum/topic/1138990/0



jcslone
Registered: May 18, 2011
Total Posts: 447
Country: United States

Hello everyone, been a long time since I was on FM (been over in the sandbox for the past several months but coming home soon!). Anyways I wanted to ask for some input on a contract I've written up for a potential job. Here's some background...

Every year Marine Corps units celebrate the Marine Corps Birthday (10 NOV 1775) with a formal ball and ceremony. USMC Combat Camera/Public Affairs photographs the ball itself and my battalion normally hires an outside professional to set up outside the ball room in an adjacent room and do portraits for the Marines and Sailors and their dates. From what I understand this has cost my battalion several thousand in the past (just to book the photographer), in addition to which the Marines and Sailors pay an additional fee to have their picture taken (end result, photographer makes a killer profit).

What I am proposing is a similar contract, in which my services are retained by the Battalion at far lower cost than an outside professional would cost. I would also charge the Marines and Sailors a similar nominal fee of $20 per person (so a 2 person shoot would be $40 all together). The major difference between what has been done in the past and what I would like to do is that I plan on donating 25% of the proceeds (those being the shoots themselves) back to my unit. In addition to that I would donate 15% of my profits to the Wounded Warrior Foundation (not trying to use those items as sale pitches, they're just what I want to do with the money).

All being said, there is no guarantee I will get the job in the first place. I just want to have something in place and ready to show to my battalion commander should I get the chance.

Here's the text of the contract I wrote today for your evaluation. I haven't written anything of the sort in quite a while so there are bound to be errors of various natures. I greatly appreciate all your help and input. Pardon the formatting, it's all jacked up. Also please note that my website is horribly out of date and does not reflect my current work and proficiency.

Joshua C. Slone, CPL, USMC
Task Force 1/7, FOB Jackson, AFG

CONTRACT FOR SERVICES RENDERED

GENERAL INFORMATION:

Date:
November 10th, 2012

Location:
1st Battalion 7th Marines USMC Birthday Ball, Caesars Palace Hotel and Casino, Las Vegas, NV

Services to be rendered:
Portraits of 1st Battalion 7th Marines personnel and their parties

Parties Involved:
J.C. Slone Photography (Joshua C. Slone), 1st Battalion 7th Marines

CONTRACT:

J.C. Slone Photography (henceforth referred to as ‘Photographer’), shall provide professional photographic services to the Marines and Sailors of 1st Battalion 7th Marines (henceforth known as ‘Client’) at their USMC Birthday Ball at Caesars Palace Hotel and Casino in Las Vegas, NV, on November 10th, 2012.
Professional services to be rendered are portrait shoots of Marines, Sailors, and members of their parties.
Post-production of all media produced is included in this contract. All creative rights are reserved and retained by Photographer.
Delivery of finished products to clients will take place no later than thirty (30) days after completion of the contract.
As a courtesy to Client, twenty-five percent (25%) of all proceeds generated from this contract will be donated to Client In addition, fifteen percent (15%) of said proceeds shall be donated to the Wounded Warriors Foundation.
A not-for-profit, limited usage license will be granted to Client and the members thereof for their photos. Said photos may be used without restriction for personal use but any usage that generates, or has the potential to generate profit, is strictly forbidden without appropriate licensing. In addition to this contract, individual photographic releases shall be completed and signed by all Marines, Sailors, and civilians who wish to take advantage of Photographer’s services at this event.
By signature placed on this contract, Client acknowledges that Photographer is not responsible for any mishaps, injuries, personal property damaged, nor belongings lost during shoots conducted for Client and is forever held harmless in such regards.
This contract is legally binding to all parties and may not be revised without the consent of both parties.




INVOICE:

List of Compensations:

Shooting Time - $300.00
Post-Production - $200.00
Licensing - $200.00
Equipment Fee - $200.00
On-Location Fee - $100.00

TOTAL - $1,000.00


By signature on this contract, Client agrees to pay a retainer equal to fifty percent (50%) of the contract total prior to fulfillment of the contract. This retainer is non-refundable. Client will pay remainder of contract balance upon completion of services. Client also acknowledges that this contract is only a guarantee that services will be available at said event and not that profits shall be generated. Partakers of said services will incur a $20 per person fee. It is from this fee that aforementioned proceeds shall be generated.

Client Signature:

Photographer Signature:


Thank you for choosing J.C. Slone Photography to cover your event. I appreciate your business and sincerely hope that my services have fulfilled your needs.

Cordially,
Joshua C. Slone, J.C. Slone Photography




CONTACT INFORMATION:

-Phone: 630.723.9247
-Email: afterthemomentpictures@gmail.com
-Web: www.afterthemomentpictures.com
-Facebook: www.facebook.com/jcslonephotography



cwebster
Registered: Oct 03, 2005
Total Posts: 3359
Country: United States

I suggest you look at the sample contracts in "Best Business Practices for Photographers" by John Harrington and the ASMP publication "Business Practices for Professional Photography"

I don't see anything about deliverables in your contact. I always describe what I'm going to do, when I will do it, exactly what will be delivered and when, and when and how I'm to be compensated.

That said, I'm not a lawyer, nor do I play on on TV

Your best bet is to run your proposed contract by a lawyer to make sure you're not getting yourself into trouble with it.

<Chas>



jcslone
Registered: May 18, 2011
Total Posts: 447
Country: United States

I actually own a copy of that book! (absolutely fantastic), I just wish I had it here with me right now.

Good point about the deliverables...completely spaced out on it. I'm planning on burning the photos for the Marines/Sailors onto CDs (high res for prints and low res/watermarked for web usage).

I'll talk to my battalion SJA (Staff Judge Advocate) about it to be sure.

Thanks!

Josh