He doesn't want a pro...

[flyin-lowe]

Have him go ahead and set up the tripod and his own camera. That way if "your way' doesn't suit him then he can fall back on his original plan.

 

[Dominantly]

I'm interested in this topic....
I am interested in the following, If the photographer agreed to take a camera along and shoot something under no false pretenses of being a "Professional", how they could be liable if the photos weren't up to par. If upon presentation of the photos, they were well received; then payment for the photos could be taken.
I mean how could you sue someone for a service you didn't pay for, or have a contract laying out the expectations?
Could I sue the Disneyland Photographer if upon inspection he makes me look fat in the photo?

 

[Vicelord John]

well because recieving payment for services I believe legally makes you a "professional."

I really don't know if that is true... I'm kind of going by the golf rules here that as soon as you accept money or goods as a prize or payment in golf, you're considered a pro.

 

[Tulsa]

Or what about, tell him you will take the pictures for free. then sit down with them afterwards, and if they want to order some of the photos, they can pay for them that way.
I dont see how they could get you with that tatic, anyone disagree?

 

[Vicelord John]

the only issue I see with that tactic, tulsa, is they live in Boston. If they were local, I don't see why that wouldn't work.

 

[Tulsa]

Thats what the internet is for, post them on a website for hosting, there are a few free ones where you can make your own site, put some sort of watermark on them so they cant steal them, and they can tell you which ones they want. for an additional charge you can order them from Mpix.com either just the image or fully matted and framed and Mpix can ship to them, or just send them the High Res. originals through email after they pay for them.

 

[Dominantly]

I wish I could find something with merit, in writing, about this subject.

Where I work we have people we call "Sea Lawyers" who like to tell you all about the laws and rules.... So I've grown accustom to verifying in writing.

 

[Bitter Jeweler]

Ya'll can play armchair lawyer all you want.
You want to protect yourself, have a contract.
If you don't then don't.
It is YOUR risk.

You want to know more about the legalities, go see a lawyer.

 

[Vicelord John]

I guess I'm just confused because you keep saying get a contract but I have no idea what a contract would be fore and you won't say.

 

[Bitter Jeweler]

Really?

A contract that states exactly what you are offering, for the $500, and make your service limitations known. In this case, a statement that you are not a pro, that he understands this, and that he agrees not to hold you liable for anything. All in legal speak of course.

In my business, when I did freelance custom jewelery, I covered what happens if I broke a stone, that my limits were to pay for recutting, and to describe all the inherent risks in stone setting that particular stone, or style of setting.

Basically, I covered my ass, so that, in the rare event that I chip a $20,000 stone, I didn't have to eat it, for a job I was only making $500 on.

In your case...what if your card fails and you have zero image to give him?
What if anything happens that prevents you from delivering images?

In my eyes, I don't care if you collect the money after, or before, you are entering a service agreement. Even if it is verbal.

This debate was argued here not too long ago. Nobody here is a lawyer, so I suggest you consult one. Consultations are typically free.

Or just wing it, because, you know, nothing bad ever happens to good people.

 

[Vicelord John]

I see. That makes sense. I am not going to do it either way. I'd rather get more practice under my belt before taking any "jobs."

I'm better than a lot of people, but I'm not good enough to be charging people.

 

[Overread]

View the contract as formal and signed agreement between you and the other party - having it and going through things formally means that you both go into the setup knowing what you are going to get out of it (in your case pay and in their case photos) whilst you also go as far as to protect yourself should problem arise.

Formaly having one setup might sound like a chore and take the impulsive fun away from shooting, but it really helps cover your back should something go amis and it further helps to prevent your client or yourself entering into the agreement with false expectations as to what is to come out of it.

And as said whilst we can give you some general tips consult a proper lawyer with regard to the specifics and details - remember that what you learn now might very well help you out in the future as well. If consultation is free take it!

 

[Bitter Jeweler]

VJ, honestly, go for it! It'll be a good experience.
Just cover your ass. That's all.

My freelance customer contract wasn't written by a laywer. I wrote it. I knew what I needed protection from. It was a one page document that described the entire process of creating a custom piece. It described all the steps of customer approval before proceeding to the next step that would be costly for me to redo if they decided to make a change. It kinda went "drawings>aproval>wax carving> approval> casting> approval>setting/finishing." I never had a problem, and many of these steps occurred via email. My customers always felt involved and enjoyed the process. But like I said, I had to cover what happens if there is breakage. If I hadn't I could have been sued if I broke a stone and then said, oh sorry, I just pay for recutting.

So sit down, and create a draft of what you are offering. Be specific. Have an out if something goes wrong, explain that stuff can happen...you know rare risks...

Through this, you will learn what you might want to change for a future client. This is how people start businesses...

 

[rhinoryan]

you americans love sueing each other dont you........

 

[Vicelord John]

It's the American way.