Help! First time dealing with agreement.

[im2c0ol]

Hello,

I'm pretty new to Photography world. Going to do a 1hr-2hr shooting session portrait and headshot. This guy is a lawyer, and he brought up this agreement. Let me know if there's any disadvantage and should I agree to all this? I have no problem deleting all the photos after I done processing them through my computer Lightroom.

Justin: Here is the text of the Agreement, so you can review before tomorrow:

CONFIDENTIALITY AND EXCLUSIVE USE AGREEMENT
THIS CONFIDENTIALITY AND EXCLUSIVE USE AGREEMENT (“Agreement&#8221 is made and entered into as of May __, 2013 by and between ___________________________ (“Photographer&#8221, and CLIENT).
WHEREAS, CLIENT, is utilizing the expertise of Photographer, his employees, agents, affiliates and other representatives to provide photography services.
NOW, THEREFORE, in consideration for payment tendered by CLIENT in contemplation of the utilization of Photographer’ services, the parties hereby agree as follows:
1.All photos taken by Photographer of CLIENT on May 11, 2013 (“Photographs&#8221 shall be the exclusive property of CLIENT and shall not be used for any purpose by Photographer without the express written permission from CLIENT. CLIENT shall have the right to use Photographs on a royalty-free basis and may distribute, reproduce, modify, adapt and publicly display Photographs without compensation to Photographer.

2.Photographer agrees that he will not, at any time, without the prior written consent of CLIENT, disclose or use for his own benefit any Photographs of Ian Hlawati.

3.Photographer shall be permitted to disclose photographs of Ian Hlawati to the extent reasonably necessary in order for Photographer to perform his obligations to edit and retouch Photographs for tender to CLIENT.

4.Photographer acknowledges and agrees that CLIENT may be irreparably damaged in the event that Photographs are disclosed without his express written permission. Accordingly, Photographer agrees that CLIENT shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and shall have the right to specifically enforce this Agreement and the terms and provisions hereof in addition to any other remedy available at law or in equity.

5.Upon request by CLIENT, Photographer will return to the CLIENT, without making or taking copies thereof, all Photographs of the CLIENT, or upon request by Ian Hlawati destruction of all photographs, including real and digital copies thereof.

6. The obligations of Photographer regarding the non-disclosure under this Agreement shall survive the termination of this Agreement.

7. The provisions of this Agreement are severable, and if any one or more provisions may be determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions and any partially unenforceable provision, to the extent enforceable in any jurisdiction, shall nevertheless be binding and enforceable.

8.Failure to enforce any provision or provisions of this Agreement shall not in any way be construed as a waiver of any such provision or provisions as to the future violations thereof, nor prevent Ian Hlawati thereafter from enforcing each and every other provision of this Agreement. The rights granted herein are cumulative and the waiver of any single remedy shall not constitute a waiver of the right to assert all other legal remedies available under the circumstances.

9.This Agreement is the entire agreement of the parties with respect to the subject matter hereof and may not be changed orally, but only by an agreement in writing. This Agreement constitutes the entire understanding and agreement of the parties regarding the subject matter hereof and superseded any prior oral or written understandings or agreements and may not be modified, except in writing signed by all parties. This Agreement shall be construed in accordance with and be governed by the laws of the State of New York, without reference to New York’s choice of law rules.

The undersigned, have read the above Confidentiality Agreement and Exclusive Use Agreement, fully understand the terms and conditions of it and agree to be bound by same.

PHOTOGRAPHER


By:____________________________


Date: ____________________________
CLIENT

By:_____________________________


Date:_____________________________

 

[im2c0ol]

Also is there an agreement form that I can use to protect myself from this shoot? if so please share.

Thanks...

 

[sm4him]

I'm no pro, but I gotta tell ya...that looks like it's all about protecting HIM and scr*w you and your rights. You're the photographer, YOU need to make sure HE signs YOUR contract.

Personally, if I *were* a pro, and a lawyer wanted me to do a portrait session with him, and the next thing I know he's asking me to sign HIS contracts...I'd say "not just No, but Oh, Burning Eternal Inferno NO!" Because, in my completely unlearned, amateur opinion, this already makes him look litigation happy, and I wouldn't be interested in being fodder for his lawsuits.

But that's just me. And thanks, because now I can add Reason #4,719 why I do not want to be a Professional Photographer.

 

[Overread]

IF they put legal on you put legal on.

That means if they come with the lawyer (or are a lawyer) you sign nothing till your lawyer has read through and you don't want to do any contract negotiations without your legal representation being present/privy to the details. That is only fair, the other parties lawyers are there for them and will negotiate things in their best interest - your lawyer is there to do the same.

If you don't yet have the services of a lawyer look into getting them, you don't have to hire them all the time, but for writing up and reviewing contracts you want to at least know who to contact for professional, proper legal advice (we can help on a forum, but really only in giving you a rough understanding and some ideas to ask - we can't give you proper legal advice - we are photographers not lawyers*)


Reading the contract though it sounds like he wants the photos - ALL rights to them and wants to leave you with nothing save your fee. Now that is fine if he's paying enough

"the right to use Photographs on a royalty-free basis and may distribute, reproduce, modify, adapt and publicly display Photographs without compensation to Photographer."

typically translates to "expensive" in photographer talk


*some of us might be lawyers

 

[Overread]

Note - you may wish to remove the lawyers name from the document in your post - clients are often not pleased if they find the company they hired seeking public advice on the running of their company.

 

[480sparky]

Why is this in "Digital"? Shouldn't it be in the Biz Section?

Also is there an agreement form that I can use to protect myself from this shoot? if so please share.

Thanks...

Um...... don't do the shoot?

 

[Overread]

Sparky you're seeing things

(thanks for spotting it - moved to Business general discussion)

 

[Josh66]

Reading the contract though it sounds like he wants the photos - ALL rights to them and wants to leave you with nothing save your fee. Now that is fine if he's paying enough

Yeah, I hope he's paying you a lot, because you will not even be able to use these shots in your portfolio without his written permission...

 

[ronlane]

Just on points 1 & 2 I wouldn't sign it and would tell the guy to find someone else. Sounds like the client from heck no matter what the pay.

 

[im2c0ol]

As I'm not really a professional Photographer, doing it to make $$ on the side, and I'm offering this 2hr shoot for $80bucks. So there will be no lawyer on my side as this more like personal side job. I'm thinking just go there shoot, process the photos, deleted off my PC in front of him and be done with it. But as I already told him I'll charge $80, but again, I again I don't feel good about the agreement. What do you guys recommend I should charge him? if he disagree about the change in prices because of the agreement. Then I can cross this off my list and have a peace of mind.

Thanks, for all the responses!

 

[ronlane]

As I'm not really a professional Photographer, doing it to make $$ on the side, and I'm offering this 2hr shoot for $80bucks. So there will be no lawyer on my side as this more like personal side job. I'm thinking just go there shoot, process the photos, deleted off my PC in front of him and be done with it. But as I already told him I'll charge $80, but again, I again I don't feel good about the agreement. What do you guys recommend I should charge him? if he disagree I can cross this off my list and have a peace of mind.

Thanks, for all the responses!

Bill gates doesn't have that much money for me. This just seems like a REALLY bad deal for you all the way around. It's not even worth the experience.

 

[sm4him]

$80?? And YOU sign HIS agreement?

Three pieces of advice:

1. Don't do it.
2. Don't do it.
3. Seriously, no kidding, DON'T do it.

 

[Steve5D]

Are you being paid a lot of money?

If you're not getting paid, I'd tell whoever sent you that contract to go piss up a rope.

With that contract, he is entitled to everything, and you are entitled to nothing.

If you're cool with getting screwed six ways to Sunday, that's the release for you...

 

[im2c0ol]

what's a reasonable price I should bring up for this services for a non professional services? I want to be reasonable if he's not agreeing to it if he want me to sign his contract otherwise if he wish to stick with the $80 offer then he have to forget about signing his contract.

 

[Steve5D]

As I'm not really a professional Photographer, doing it to make $$ on the side, and I'm offering this 2hr shoot for $80bucks.

I don't pull out of the driveway for eighty bucks, and I've got a day job...

I don't feel good about the agreement.

Right there. THAT contains your answer. If you don't feel good about it, ask yourself why you don't feel good about it...

What do you guys recommend I should charge him? if he disagree about the change in prices because of the agreement. Then I can cross this off my list and have a peace of mind.

Save yourself the aggravation and walk. In your shoes, I would quote him $250.00, just for the Hell of it. If you're not a pro, then you've got yourself a nice night out on the town. But I suspect he'll scoff at that.

He's a lawyer. He already knows that if you're only charging him $80.00, you won't have a lawyer, and won't be able to afford one. This guy looks like someone who makes $80.00 while walking to the men's room.

I shot a gig once; The Temptations. I shot two songs for a record and promotions company which insisted on being given the CF card at the end of the night. I was given only those photos that the record company wanted me to have, which I could use in my portfolio and on my website. I shot for 11 minutes and was paid $3,750.00. That made it worth my while.

$80.00?

Some would call that a joke.

Well, it's not a joke. It's an insult...