Help! First time dealing with agreement.

[jamesbjenkins]

Call me crazy, but I thought I'm the professional, and the one with a contract for the other party to sign.

If a client tried to hand me a contract they drafted, I'm walking. No questions asked.

Eff that nonsense.

edit:

I just went back and read the whole thread, including the contract this 'tard wants you to sign. I'm not going to tell you what to do, but if it were me, I'd sooner saw off my own appendage with a rusty butter knife and slather hot sauce on the bloody stump than sign that contract.

 

[TonyDee]

Good choice walking. There's not even an amount in the contract. You would be shooting for free.

 

[im2c0ol]

Okay here's what we're talking now.

• • CLIENT:
    Justin: There is nothing in the agreement that should cause you concern if what you're saying is true. I'll agree to let you use a picture or two for your portfolio. I just need to make sure the pictures are not in the public domain and that I have exclusive use to them. It's really for my protection only. Since I am asking you to sign something for this purpose, we can agree on a higher price, if that's what you want. Please propose a number that is acceptable for you to continue tomorrow with the agreement. I can't proceed without an agreement with you.
    
  
  
  
  
• a few seconds ago
  Justin Photography
  
  • Sorry I prefer to work without the contract for my peace of mind, as you're a lawyer and I'm not. I'm just a normal guy trying to help those people who're in low budgets as I am. So I don't want to take any risk and years later somehow I receive a lawsuit letter. As for Photographer we only one who sign off contract for clients. If you want to go my way, you'll have my word for it. $120 will be for the shoot if you still want to do it tomorrow, after you come pick up your copy I'll delete everything. As I don't really have all the space to hold a bunch of pictures that's 25mb/each. And if you want to email me any pictures that I can use for my portfolio is up to you.
    
    Thanks you...
    
  
  
  
  

 

[Josh66]

It sort of sounds like that is his 'catch all, cover everything' contract, and that he is willing to modify it if needed. Still. I'd be cautious.

It also sounds like he does not totally understand how this whole copyright thing works (not his field, I guess). Even with no contract at all, the photos would not be in the public domain unless you specifically wanted them to be.

He doesn't need exclusive use. He needs permission to use them, yes, but that doesn't have to be exclusive.

 

[Josh66]

You should have a contract - you should never work without one. But it should be your contract that he is signing, not the other way around.

It's sounding to me like you are starting to get in over your head. I did not realize that you were having real-time conversation with him and us simultaneously. You're not giving yourself much time to consider your options...

This is supposed to happen tomorrow, right? So I guess time is a luxury you don't have right now... Assuming that he lets you use a few shots for your portfolio, does that make it 'worth it' for you? None of us can answer that. I know what I would say, but I don't want you to burn bridges only going on what I have said. You have to decide what you want, and fast - apparently.

 

[kathyt]

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!

$80 bucks? No freaking way! Tell him he needs to set up his own tripod for $80 bucks. When he wants to talk about a real contract, with real money, and realistic terms, then lets talk. Let him find someone else.

 

[Josh66]

And as far as deleting everything - that makes this a one time transaction. There will be no reprints, what would you print them from? IMO, that demands a higher price (but also a higher degree of skill - make sure you cover your bases and get all of the shots they want). IMO, if I were having portraits made, I would expect the photographer to maintain those files for at least a few years... Just in case I wanted a size I didn't initially order or something like that.

Anyway, it sounds like he wants to make it work, but is it worth it for you? That's the question you have to answer.
(If it were me the answer would be no.)

 

[sm4him]

My guess? If you do this, even under his "revised" terms and for more money, it will come back to bite you on the hind parts.

For instance...that part about retouches being included? I could see this twit simply claiming to never be happy with the way you've retouched them and refusing to pay. Or simply claiming they aren't what he expected from a "professional photographer."
No, he might not win that case in a court, but it'll cost you way more than $80 or $120 to "win."

This just has disaster written ALL over it--I just see NO way this turns out well for you if you do the shoot.

Just. DON'T. Do. It.

 

[gsgary]

These are the 2 things i find disturbing

1 I'm pretty new to Photography world

2 WHEREAS, CLIENT, is utilizing the expertise of Photographer

 

[im2c0ol]

Thanks guys! I've came up with my own contract to use in the future. I got the guy to show off, so less headache for me. enjoy my weekend! Happy Mother's day everyone!!!

 

[Steve5D]

Call me crazy, but I thought I'm the professional, and the one with a contract for the other party to sign.

If a client tried to hand me a contract they drafted, I'm walking. No questions asked.

It's pretty standard stuff with concert shooting...

 

[Overread]

Any person in a business transaction can bring a contract to the table, it doesn't really matter which party it is because in most contract situations negotiation is expected to take place to come to an agreement. If you both have contract chances are you'll read them both over and then likely agree to drop one and work upon adjusting the other to suit both parties.

The thing is the opening contract offered in this case set a tone that suggested that the person wanting to hire the photographer was after far more expensive services than the photographer was led to understand and that, in the end, there was a tone set that simply didn't feel right to the photographer and to many of us here.