Critique my contract :)

Discussion in 'General Shop Talk' started by JeffieLove, Jun 7, 2010.

  1. JeffieLove

    JeffieLove TPF Noob!

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    Seconds In Time Photography Client Contract
    Client’s Name: __________________________
    Client’s Address: ___________________________________
    Photography Location: ______________________________
    Photography Date: ________ Start Time: _______ End Time: _______
    Proof photographs are to be delivered to Client by:_________________

    Sitting Fee: $_________
    Reimbursements (as stated in section 1 below) due: $_________________

    1. The Client shall reimburse Photographer for any additional costs the Photographer may incur for travel, meals, parking, and other reasonable costs necessary to the performance of these services.

    2. The sitting fee is not refundable if the Client cancels or changes the engagement. The sitting fee is ONLY refundable when the photographer arrives at the specified place more than 10 minutes after the specified time.

    3. Proof photographs shall be delivered to the Client in the form of 3.5x5” prints watermarked with a file number. Proofs will be delivered within 2 weeks from the date of the session. The proofs will only have minimal processing done. Further editing can be done to the images for an additional cost of $10 per image. The client shall provide the Photographer with a written list of the proof images from which final photographs are to be prepared. The list should also include the size of the print being requested by the client. See attached Price Schedule for available final photograph formats and their prices.

    4. The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer’s direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, etc. The Photographer shall not be responsible for photographs not taken as a result of the Client’s failure to provide reasonable assistance or cooperation.

    5. The Photographer retains all copyright in the photographs. The client is, by law, not able to print, reproduce, or attempt to copy or reproduce any images given as proofs or final prints.



    *And of course there are lines at the bottom for signatures and all that good stuff :)
     
  2. TheSolicitor

    TheSolicitor TPF Noob!

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    I totally understand what you're doing, but what you're creating for yourself is a bunch of stapling to your original contract.

    You will have this, attached to an image of the check/cash receipt, attached to a release, attached to the order form, attached to a delivery form, attached to another check image/cash receipt.

    In paragraph one, add the word "reasonable" after "additional." Then, later in the sentence replace "reasonable" with "incidental."

    I have a problem with paragraph two. In the first paragraph you're asking for reasonable reimbursements, which is understandable. However, the second paragraph says that once you pay, there are no refunds, period, unless "I" show up late. Let's be honest, things happen, and much of that is completely unforeseeable when you're setting a date. It's hard to look at this with a straight face where you ask for reasonable reimbursements, but are wholly unwilling to remain flexible for your client's changing circumstances.

    I'd be careful with the paragraph three statement that "minimal processing" will be done the the proofs. I'd say that proofs will be edited, but may be fully processed for the price indicated. Admitting that you're doing anything to a minimum isn't something clients want to hear.

    Paragraph five, change "given" to "provided, produced, or sold." I know what you're saying, but some client will screw you and say "but the contract said given!!!" and then you're going to have to come correct with the pimp hand.

    The rest of it looks good, but again, I'd urge caution in using the word "reasonable." Reasonable for a photographer is one thing, but "reasonable" will be different for a client, and having that gap in understanding may lead to trouble.

    Sorry if this seems harsh, but I'd rather you get it on this end, and not after you have a dispute with a client that gets dirty.
     
  3. JeffieLove

    JeffieLove TPF Noob!

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    Thank you very much :)

    what could I change in paragraph two about the refund thing to make it more reasonable? A 50% refund will be given?
     
  4. JeffieLove

    JeffieLove TPF Noob!

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    Here's an update. I went ahead and added the 50% refundable thing for the sitting fees in section 2. If it still doesn't work, just let me know :)

    Changes are bolded:

    [FONT=&quot]1. The Client shall reimburse Photographer for any reasonable costs the Photographer may incur for travel, meals, parking, and other incidental costs necessary to the performance of these services.[/FONT]
    [FONT=&quot]2. The sitting fee is 50% refundable if the Client cancels or changes the engagement with more than 72 hours notice. The sitting fee is ONLY refundable when the photographer arrives at the specified place more than 10 minutes after the specified time. [/FONT]
    [FONT=&quot]3. Proof photographs shall be delivered to the Client in the form of 3.5x5” prints watermarked with a file number. Proofs will be delivered within 2 weeks from the date of the session. The proofs will be edited and further editing can be done to the images for an additional cost of $10 per image. The client shall provide the Photographer with a written list of the proof images from which final photographs are to be prepared. The list should also include the size of the print being requested by the client. See attached Price Schedule for available final photograph formats and their prices.[/FONT]
    [FONT=&quot]4. The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer’s direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, etc. The Photographer shall not be responsible for photographs not taken as a result of the Client’s failure to provide reasonable assistance or cooperation.[/FONT]
    [FONT=&quot]5. The Photographer retains all copyright in the photographs. The client is, by law, not able to print, reproduce, or attempt to copy or reproduce any images provided, produced, or sold as proofs or final prints. [/FONT]
     
  5. TheSolicitor

    TheSolicitor TPF Noob!

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    I am in a business where I offer time and a particular skill set in order to get people what they want. If people cancel appointments, I don't make money. With that in mind, you may wish to enact a 48 or 72 hour rule, save extenuating circumstances, for the first cancellation with a reschedule. The rescheduled appointment should be the one where there would be no refund or only a half refund.

    It's something that you'd have to think about knowing your demographics, market, and the economy of the area. I'd also keep what type of work you'd like to do in mind and whether or not your setting yourself up for cancellations or delays (especially if you shoot lots of young children).

    I'd say that second paragraph isn't unreasonable, but it may rub some folks the wrong way. I think your word choices could be made such that you're not conveying that it's your way or the highway in that paragraph. Just soften the language, and I'd imagine you'd be fine.
     
  6. TheSolicitor

    TheSolicitor TPF Noob!

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    I like that we're on the same page! Good stuff. I feel like you're giving a better impression with this form than with the first iteration.
     
  7. JeffieLove

    JeffieLove TPF Noob!

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    I take criticism constructively, what can I say? :)

    It's the first time I've ever written a contract and I'm sure it won't be the last one. I'm sure there will be things that need to be added in the future, I'm just trying to make sure I'm covered for now :)
     

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