# Shooting a destination wedding; what to put in contract?



## JeremyD (May 25, 2014)

Greetings everyone!

I am having a meeting for my first destination wedding, ever! It is very exciting however I need to get my contract filled with the proper details for traveling etc. 

The deal is that I am shooting their wedding for free but they are paying me to travel and my hotel fees and everything expense  Pretty good deal for a paid vacation.

My contract is very well done, I received it from my mentor photographer who has had it looked at by many lawyers. However she didn't include her destination contract which would include more details for traveling and those type of details. And since I am doing it for free how should I say that they can't back out when the contract is signed? Since there isn't a 50% deposit on account..

Also, at the time of the wedding I will be 17 and I am wondering if that would complicate the process of flying across the world since I am not a "adult" yet. I don't travel a lot (yet) so this is still a new process to me.

Any feedback, tips, suggestions etc would be highly appreciated! My goal for my wedding brand was to be a destination wedding photographer and this is the perfect opportunity to build my portfolio and brand myself as a one.

Have a great day!


----------



## Light Guru (May 25, 2014)

JeremyD said:


> My contract is very well done, I received it from my mentor photographer who has had it looked at by many lawyers. However she didn't include her destination contract which would include more details for traveling and those type of details. And since I am doing it for free how should I say that they can't back out when the contract is signed? Since there isn't a 50% deposit on account..
> 
> Also, at the time of the wedding I will be 17 and I am wondering if that would complicate the process of flying across the world since I am not a "adult" yet. I don't travel a lot (yet) so this is still a new process to me.



If they are not paying you I don't think you can say in a contract that they cannot back out. 

Also if your only 17 I don't even think any contract you have then sign would be legally binding.  You are not old enough to sign a legally binding contract.


----------



## KmH (May 25, 2014)

I don't know about Canada, but in the US contracts signed by anyone under 18 years old (or that is not legally emancipated from their parents) are not valid.

Your age would not be a deterrent to traveling. You will likely need a passport. US passport books are $110 USD. A passport and card are $140.


----------



## JeremyD (May 25, 2014)

Right, I have come across this before. Until I am 18 I am calling my contracts "Agreements", in addition in Canada it won't be binding contract if I am under 18. 

Thanks for the information.


----------



## Steve5D (May 25, 2014)

JeremyD said:


> Until I am 18 I am calling my contracts "Agreements"...



You might want to look up the word "semantics".

If a "contract" isn't valid if you're under 18, what makes you believe that an "agreement" would be?


----------



## Light Guru (May 25, 2014)

Steve5D said:


> JeremyD said:
> 
> 
> > Until I am 18 I am calling my contracts "Agreements"...
> ...



Yup. If you want to have a contract or an agreement with any client it is going to need to be between them and your parents.


----------



## tirediron (May 25, 2014)

An agreement by any other name....  As Light Guru indicated, in order to make this binding, you would have to have your parents involved.  Do you have a sense that they might back out?  If you really want to make this iron-clad, I would use the old "In exchange for the sum of one dollar and other good and valuable considerations" line, and have your parents sign; you will essentially become a sub-contractor to your parents.


----------



## Steve5D (May 25, 2014)

tirediron said:


> An agreement by any other name....  As Light Guru indicated, in order to make this binding, you would have to have your parents involved.  Do you have a sense that they might back out?  If you really want to make this iron-clad, I would use the old "In exchange for the sum of one dollar and other good and valuable considerations" line, and have your parents sign; you will essentially become a sub-contractor to your parents.



But that would put his folks on the hook in case he couldn't fulfill his end of the "agreement".

If they do that, and the happy couple is unsatisfied with the results, the parents would have to answer for it and, presumably, be the respondents if sued...


----------



## tirediron (May 25, 2014)

Steve5D said:


> tirediron said:
> 
> 
> > An agreement by any other name....  As Light Guru indicated, in order to make this binding, you would have to have your parents involved.  Do you have a sense that they might back out?  If you really want to make this iron-clad, I would use the old "In exchange for the sum of one dollar and other good and valuable considerations" line, and have your parents sign; you will essentially become a sub-contractor to your parents.
> ...


Yep!


----------



## JeremyD (May 25, 2014)

Steve5D said:


> JeremyD said:
> 
> 
> > Until I am 18 I am calling my contracts "Agreements"...
> ...



I never said it would be valid, nothing I sign will be until I am 18. 

Thanks every for the information, it is helping me out with my planning.


----------



## CuffsAlister (May 25, 2014)

If you feel that a contract is necessary, just have a signed contract between your parents and whomever is hiring you stating that your parents are providing services (photography). As a business law student that is a way of getting out of your struggle of being a minor and having a contract with validity. Just as long as the contract is signed by your parents, you, and your employer for your parents services then everything should be fine.

But to need an extensive contract as a minor makes me wonder why your parents are letting you travel for this wedding.


----------



## Steve5D (May 25, 2014)

JeremyD said:


> Steve5D said:
> 
> 
> > JeremyD said:
> ...



Okay.

I guess I'm just a little puzzled by changing it from "contract" to "agreement", since there's really no benefit to doing it...


----------



## Steve5D (May 25, 2014)

CuffsAlister said:


> If you feel that a contract is necessary, just have a signed contract between your parents and whomever is hiring you stating that your parents are providing services (photography). As a business law student that is a way of getting out of your struggle of being a minor and having a contract with validity. Just as long as the contract is signed by your parents, you, and your employer for your parents services then everything should be fine.
> 
> But to need an extensive contract as a minor makes me wonder why your parents are letting you travel for this wedding.



The obvious issue here is, if the parents aren't proficient photographers, their signatures are basically only saying "We think our son is a proficient photographer".

Of course, he may or may no be, but odds are the parents would believe he is, regardless of anything else.

If I were not a proficient photographer, I don't know that I'd hang my neck out there like that...


----------



## tirediron (May 25, 2014)

Steve5D said:


> CuffsAlister said:
> 
> 
> > If you feel that a contract is necessary, just have a signed contract between your parents and whomever is hiring you stating that your parents are providing services (photography). As a business law student that is a way of getting out of your struggle of being a minor and having a contract with validity. Just as long as the contract is signed by your parents, you, and your employer for your parents services then everything should be fine.
> ...



Proficiency isn't normally something covered or guaranteed by contract.  If it is, the photographer would be letting himself in for all kinds of lawsuits.  Most wedding contracts I'm familiar with cover payment, changes to the agreed coverage, no-show, etc, but NOT a certain quality of work.


----------



## Steve5D (May 25, 2014)

tirediron said:


> Steve5D said:
> 
> 
> > CuffsAlister said:
> ...



Oh, I totally understand that.

When I sign a contract with a client, though, that client is comfortable knowing that they're going to be getting a photographer who knows what he's doing. While it's not in the contract, it's certainly implied.

In this case, though, the client would be relying on the parent's assessment of the minor's capability with a camera. To put it in perspective: Being a photographer, I look at my daughter's photography with a critical eye. Her mother, on the other hand, views it as the best thing since white toothpaste.

If the kid is a complete hack (and I'm saying that ONLY for discussion's sake), odds are that Mom and Dad are still going to think he's a great photographer, and will act accordingly.

I just think it's dangerous ground on which to trod...


----------



## vintagesnaps (May 25, 2014)

I would think this would put the parents/guardian potentially in a situation of being responsible for any expenses incurred or anything that might happen on the trip.

To me the website seems as if it's a professional photography business but I don't know if it's legal for a minor to establish/register a business. (In my area students might work summer/after school jobs but I don't know the laws related to that.) It doesn't seem to indicate anywhere that this is a student photographer. Does the client know the age? From the picture obviously the photographer's young but it isn't possible to know the age (could be 18, 19 or 16 for that matter). If the client doesn't realize it they may have a problem with taking on any responsibility for an underage photographer.

As it stand I don't know if there would be anything to prevent the bride & groom from cancelling last minute with not having a contract, taking a deposit etc. Seems like it would be better to revise the website or wait til age 18 to use the website as-is. I don't know if there's a way to work out doing this wedding except by notifying the client of the photographer's age and having the parent/guardian sign off on doing this and being willing to take all the responsibility (covering costs not covered by the couple, insurance, etc.).


----------



## pixmedic (May 25, 2014)

maybe you should just attend the wedding as a "guest" that they have invited along. its not uncommon for certain guests to have their accommodations paid for on out of town weddings. As a "guest", you can then take whatever pictures you plan to take, with the understanding that the bride and groom will get copies of them. 
I am NOT a lawyer, so i dont know what the legal ramifications of this would be (if any), but it seems that there would be far less liability and personal responsibility for an invited "guest" taking pictures as apposed to a formally hired photographer.


----------



## Light Guru (May 25, 2014)

vintagesnaps said:


> I would think this would put the parents/guardian potentially in a situation of being responsible for any expenses incurred or anything that might happen on the trip.



Because the kid is a minor it's going to be like with or without a contract.


----------



## JeremyD (May 26, 2014)

Thank you everyone for the information, it is giving me a lot of time to re think how I am going to keep my business secure. I will be 18 before the destination wedding occurs, we are having a meeting tomorrow but I can give them the contract to look over.

Both my parents are professional violinist and my father has been in the wedding industry for 30 years. He provides DJ, entertainment, quartets, trios, personal training for clients, and much more! I also have the best photography mentors in my market, they travel the world for weddings and are one of the highest end photographers locally. They are giving me a lot of feedback to on these issues. 

My father and I have started a wedding business together, when I attend meetings I with bring my father since we are the owners of our wedding business. Then the wedding photography will be listed under the business, not "My name wedding photography". Then since my father is the owner of the business he would sign the contracts, however I am the the individual providing the service under our business. 

Just so you guys know I am not a complete hack, I have been studying for the industry for years before I entered it. When I book with a client it is not because I have a lower price than others in the industry, it is because they trust my brand overall. And trust me, I am very specific when it comes down to clients. When I have a meeting with a client I feel is going to give me trouble I stay away from this type of trouble. Since I am just beginning my career I want to work with the perfect clients that trust me and won't be asking for more sales, or freaking out if I don't get a shot, etc. I explain to every client how I work, and they truly understand my brand as a business and a person. 

Evidently I am happy you guys are discussing this to me, I really needed the wake up call for my legal issues that could occur. However since I am over delivering with my clients every time, and providing a great service I am having happy clients.


----------



## sonicbuffalo (May 26, 2014)

Jeremy....sounds like you have impressive credentials for someone as young as you.  I think you're on the right track, and being 18 when you acutally shoot the wedding will make things easier for you.  With that being said, I like the idea that you be called a 'guest'  for one reason.  If you're working for the couple, then you'll still be responsible for paying taxes on all of your expenses paid by said couple.  If you're simply calling yourself a guest, with no business involved, your 'fee's' and expenses are being freely provided, and you should not have to worry about paying taxes on them.  Other than that, and I'm no lawyer, but legal minded, I think you'll do an excellent job.  Good luck to you and let us know how it goes!


----------



## Civchic (May 29, 2014)

Business and photography aside, I wish there were more 17-year-olds as mature and well-spoken as you.  Your parents deserve a pat on the back as well for raising a fine young man!


----------

