# Does every client get a contract?



## A/Ox4 (Apr 7, 2016)

When you do shoots that you are paid for, do you give every client a contract? I have 3 usage rights agreements available for clients (Personal, Commercial, Editorial) which I give if they ask for them. However they rarely do. My main thought is for advising the client that I retain rights to my images for portfolio usage.


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## tirediron (Apr 7, 2016)

I don't necessarily draft a contract for every job, but for every job paid or not, the client is given a receipt which specifically lays out usage rights.


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## vintagesnaps (Apr 7, 2016)

Get on American Society of Media Photographers or PPA. The procedure you describe sounds really 'loose' and seems to leave things wide open as to what might happen with the photos. I'd suggest getting better informed on what to do, even if it's done in trade rather than payment, and tighten up your procedure.


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## Designer (Apr 8, 2016)

A/Ox4 said:


> When you do shoots that you are paid for, do you give every client a *contract*? I have 3 *usage rights agreements* available for clients (Personal, Commercial, Editorial) which I give if they ask for them. However they rarely do. My main thought is for advising the client that I retain rights to my images for portfolio usage.


I'm not a lawyer, but I happily imitate one on the interwebs.

You are confusing two different types of documents by interposing the terminology. 

A *contract* stipulates the scope of services provided in exchange for value received.  This is often called a "contract".

A *usage rights agreement* stipulates the terms of use of a finished product by each of the parties to the agreement.  This is often called  a "model release", and yes, that also is a type of contract.

Please don't use the term "contract" when referring to a usage rights agreement.


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## sscarmack (Apr 8, 2016)

I've done around 70 weddings, 35 senior portraits, who knows how many misc portraits, families, pets, etc.

I can count on one hand how many times I've actually typed up a contract. Once, maybe twice.

Most of my deals are laid out via email, everything is agreed upon in black and white. What they are getting, what they are giving me, etc. 

Via my website, which offers online ordering, etc. I can put together invoices which can then be printed or emailed. So I find no need to over complicate things.

Thats just me though, not saying its right or wrong. It works for me and i've never had an issue (knock on wood).


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## sscarmack (Apr 8, 2016)

eal76 said:


> sscarmack said:
> 
> 
> > I've done around 70 weddings, 35 senior portraits, who knows how many misc portraits, families, pets, etc.
> ...


Yeah that's all discussed before hand. 50% up front, the rest upon completion. Etc.

I have a list of things to discuss and check it as we go. And I also have a generic email that includes all pricing and details from my end, which includes the deposit issue.

To me, contracts over complicate things. Again, that's just me and it works


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## HunterBliss (May 20, 2016)

This is a good question! I'm subscribing to this thread. I personally have only done a few jobs as a professional, but on one of my jobs I really wish I would have made a contract. Laying out the exact details of an agreement and making sure both parties adhere probably has an advantage not just legally, but in organisation as well. 

Maybe someone will slack off and force you to sleep on a concrete floor in a cellar under the reception hall of the wedding- that could be avoided in writing a clear deal. *cough* *cough*

Otherwise people seem nice enough to verbally handle a photography exchange. Easy peasy!


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## manaheim (May 20, 2016)

I try very hard to ensure everyone has a what I guess I would call a "statement of work", which also details usage rights for the photos, terms of renewal of rights, etc.  I do this for anyone I do work for free for as well.

I have, however, also provided something like what John describes without getting their signature. I've always assumed those wouldn't hold up in court, but...


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## KmH (May 20, 2016)

sscarmack said:


> To me, contracts over complicate things. Again, that's just me and it works


I literally laughed out loud when I read that. 

Perhaps you should have said "that's just me and it works" - _so far.
_


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## sscarmack (May 25, 2016)

KmH said:


> sscarmack said:
> 
> 
> > To me, contracts over complicate things. Again, that's just me and it works
> ...


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## jeffW (Jun 7, 2016)

To the OP's question,  yes every client gets an estimate/ upfront contract spelling out the terms and subsequently an invoice with the licensing.

As a consumer would you want to spend your hard earned cash and not know what you are getting and or a receipt?  There's a good chance in today's world where everyone has a camera that when a client wants a professional to photograph for them they first and foremost want a "professional" ( a business that functions like every other business).

I would not look at the contract/paperwork as some sort of "_I'm going to sue and you can only use the images how I say you can_" (or some such garbage) Look at the contract as a way (on - paper) to spell out the job, what you are going to provide, what the client's responsibilities will be, kind of a last draft to all your discussions so you are both on the same page in order to produce a successful shoot


p.s.  even when an actor friend asks for some free headshots (yes I'll work for a six pack) they get a contract spelling out the licensing


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## imagemaker46 (Jun 15, 2016)

Depends on the area of photography. I will do up simple contracts on image sales, but if a client wants a contract they can draw one up and I make the changes that don't fit for me.


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## TamingRoman (Aug 24, 2016)

Yes.  In my company, every single person gets a contract.  It is to protect them and me.  I get paid %100 percent upfront so it's reassuring to the customer to know that I've made a promise with them.


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