Contracts

[chmille]

Soo, i was wondering what kind of contracts you have clients sign. Do you just have them sign a release waiver, so you can use the prints in the studio or for advertising purposes. I've got a shoot coming up and I need to get some kind of client contract together. I have used release wavier so I can use other people's images for advertising, but I wasn't sure if this needed to be different. Thanks!

 

[KmH]

Retail photography contracts are quite a bit different from Commercial photography contracts. What kind of shoot do you have coming up?

It's always a good idea to have a contract that is enforceable in the state where you are doing business.

Many working photographers have a qualified attorney write their contracts, or at least check over a contract they got elsewhere, to be sure it's worth the paper it's written on.

For general guidance you could get the inexpensive book:"

Business and Legal Forms for Photographers, by Tad Crawford.

You might also want to get Tad's other book too: Legal Guide for the Visual Artist

 

[DC-Photog]

Come back later this evening. I'll post my contract that I use for every consumer job (mainly weddings and portraits).

There are basic elements for a contract to be enforceable. And, yes, there are state-specific issues to consider.

My big thing is to make sure I get paid and retain ownership of copyrights. I also have a simple model release built into the contract, and a failure to perform clause that limits my liability. I also have a venue specification. If I get sued, the plantiff has to file in my county's court (I do destination weddings).

As my wife (and attorney) says, a contract is just a piece of paper.

If you ever have to sue to collect, it will likely be in small claims court. Most small claims courts make you sit through mediation before getting to a judge. The mediator could care less about the contract. They will badger both parties into a settlement agreement to save court time.

 

[chmille]

I saw you never ended up posting it, figured you got busy.

Come back later this evening. I'll post my contract that I use for every consumer job (mainly weddings and portraits).

There are basic elements for a contract to be enforceable. And, yes, there are state-specific issues to consider.

My big thing is to make sure I get paid and retain ownership of copyrights. I also have a simple model release built into the contract, and a failure to perform clause that limits my liability. I also have a venue specification. If I get sued, the plantiff has to file in my county's court (I do destination weddings).

As my wife (and attorney) says, a contract is just a piece of paper.

If you ever have to sue to collect, it will likely be in small claims court. Most small claims courts make you sit through mediation before getting to a judge. The mediator could care less about the contract. They will badger both parties into a settlement agreement to save court time.