Help! First time dealing with agreement.

[HughGuessWho]

Let me see if I have this right.... this is a lawyer from White Plains, NY?
You're from New Orleans?
He wants you to do a "shoot" for him for $80.00? (You can't buy a decent dinner in White Plains for $80.00)

This puzzle ain't fittin' together.

 

[Josh66]

What Steve said. Exactly.

 

[sm4him]

Sniff, sniff...does anyone else smell that?

Something smells fishy....

 

[Light Guru]

He wants you to give him exclusive rites for $80. That's a joke. Multiply that by 10 and see if he still wants exclusive rites.

 

[The_Traveler]

Not a chance I would sign this.

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.

Nope, never.

A photo gets 'out' and he claims its your fault and sues you.
And you've signed that you admit your liability for irreparably damaging in the event a photo gets out.

Never, ever, ever sign anything like this.

 

[Overread]

I'm actually left wondering how portraits (which I assume are your general business card/website portfolio type affair) could irreparably damaged a client in the event that they "got out" since they are likely for publicity in the first place.

Based on the amount you're being paid and the wording of the contract and the services and the nature of your business I would agree with the others - just walk away from this one. Business is about choosing your clients many times and businesses that don't learn to turn some away can make more trouble for themselves than those clients are worth.

Now you could state that in light of the contract you'd have to charge significantly more than was proposed before and that certain parts (irreparably damage) are not suitable and not something you are willing to sign on. You can negotiate a contract - however I've a feeling that the time spend negotiating isn't worth it unless the client is going to stump up and pay a proper fee for things (ps you might not be a company, but that doesn't mean you should charge any less - a service provided is done so at whatever price you and the client agree to not just what the client wants).

 

[tirediron]

$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.

This!!! With #3 being the most important point!

 

[im2c0ol]

Thanks for all the input guys! I'm really appreciated!!!

 

[tirediron]

He wants you to give him exclusive rites for $80. That's a joke. Multiply that by 10 and see if he still wants exclusive rites.

Yep... exclusivity costs! I'd bill a MINIMUM of $175 for this under my contract. For this, I'd look for at least $500. It almost seems like he's trying to trap you into something.

 

[CCericola]

Is he asking you to take naked pictures of him??
noway, no how.
unless he pays you at least $10,000+
Business portrait photographers in NYC and Long Island charge $3000 and the client only gets a license, not ownership.

 

[tirediron]

Is he asking you to take naked pictures of him??
noway, no how.
unless he pays you at least $10,000+
Business portrait photographers in NYC and Long Island charge $3000 and the client only gets a license, not ownership.

Damn... I gotta move down your way!!!!

 

[Josh66]

I think the fact that you felt the need to ask how to protect yourself before getting a single reply probably tells you everything you need to know. The replies you've gotten should have done nothing but re-enforce that bad gut feeling you had about it to begin with.

I would say that you should tell him that you will not sign his contract, and provide him with a contract that is favorable to you for HIM to sign, but seeing as how he felt the need to totally take every single right away from you right off the bat, I don't see him signing that.

 

[jedirunner]

I am not a lawyer. I am not even a suitable enough photographer to go take portraits.

If I *was* a photographer, I'd realize $80 for 2 hours of work, and the overhead back and forth isn't worth it. Plus, read #3. He wants edits and retouches in there for that price? So ... just suppose you could do all the editing and re-touching in 2 hours. 1 hour of prep and travel time. 5 hours for $80? Plus, the time discussing and figuring out the agreements and such? Now you're probably down to $10 an hour.

Is that even worth the wear and tear on the equipment or your evening? Maybe for a nephew or niece. .... Is this lawyer your nephew or niece? ;-)

Kevin

 

[Josh66]

I'd realize $80 for 2 hours of work, and the overhead back and forth isn't worth it. Plus, read #3. He wants edits and retouches in there for that price? So ... just suppose you could do all the editing and re-touching in 2 hours. 1 hour of prep and travel time. 5 hours for $80? Plus, the time discussing and figuring out the agreements and such? Now you're probably down to $10 an hour.

You don't want to go too in depth analyzing the costs of everything though, because if you do you may find that you are actually paying him for the privilege of taking his picture.

For him to hit you up with that contract for an $80 shoot is insulting. Not trying to be a dick or anything, but I can make that much taking a dump on overtime at work. (Everybody knows that when you're making twice as much you work half as hard, lol.)

You're trying to 'do him a favor' by charging a ridiculously low fee since you're new, and he returns that favor by stripping you of any chance of using the photos to further your business opportunities.

If it were me I would walk away. You could try to get more money out of him, but personally - what little you might get out of him would not be worth the work you would be doing and the rights your are giving up.

I think if you come back demanding more money, he will see that as a sign that he has you right where he wants you.

I may be blowing this out of proportion... Still, walk away. Hell, you can't even use the shots in your portfolio, which is the only possible gain you could have from a shoot this cheap.

 

[im2c0ol]

Thank you all again! I'm going to pass this one either he go my way as my rate and I was intended to offer a special $50 quick session for those who are on budget. I do have a full time job, photography just one of my hobby. After I gave him the offer then he say he's a lawyer and send me his contract agreement. So that's why I end up here for all the great input.