# Looking for advice :)



## JeffieLove (Apr 20, 2010)

Alrighty... Here we go  

I decided that I am going to take the next step towards getting paid for my photography. Yeah, I know I'm not great yet, but I'm only shooting friends' kids and stuff... I am also doing my first 10 sessions as portfolio builders and am not charging a sitting fee or hourly rate and am only charging for prints. 

My only requirement is that I am allowed to use the photos in my printed portfolio as well as my online portfolio. I will NOT use children's full first or last names. I will only use first initials unless given permission to use the child's name. 

Now, here's where I need the advice. I don't have any kind of contract or anything typed up or anything and I have no idea what all needs to be included in a contract. I have been told that whether I am charging for a session or not, there should ALWAYS be a contract... That's why I want to get this taken care of. My first "free" session wants to book for this Sunday coming up so I have to get this done  

Any and all help would be greatly appreciated!


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## IgsEMT (Apr 20, 2010)

Theoretically, there should always be a contract if there's a _client_ in front of you. An acquaintance of mine gave me her copy so I took that and modified to my style.
I hope you enjoy the read 

*- WEDDING PHOTOGRAPHY AGREEMENT - *​ *Event Date: *____________ _____ ____ 
*Time Photography Starts:* ____________ *Time Photography Ends: *____________ 
*Client Name: *___________________ _______________________________ 
*Phone (1): *_________________ ext: ________ *Email *: _________________________
*Phone (2): *_________________ext: ________ *Fax :* _______ ext: ______
*Address: *_________________________________________________________ 
*______ *___________________________________________________ 
*_________________________________________________________ *
*Site Location (be specific): *
*1)*_______________________________________________*_______________________ *
*_______________________________________________________________________*
*2)______________________________________________________________________ *
*________________________________________________________________________ *
*Summary and description **of Services:* _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 
*Photography fee agreed to: *______ __________ A minimum deposit of $____ ___ is due at the signing of this agreement; the half balance is to be paid by date of the wedding (event). The remaining balance is to be paid in cash upon delivery of the proofs and/or CD/DVD.
*ENTIRE AGREEMENT: *This agreement contains the entire understanding between *&#8211;Photographer* - and the -CLIENT-. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties choose to waive one provision of this agreement, it does not change any other provision. Any waivers made at the time of the signing, or agreed to prior, are to be notated on the original contract. 
*SERVICES RESERVATION: *A complete, signed contract (by both parties), as well as the minimum deposit payment are required to reserve the date and time of the photographic coverage. 
*STYLE SPECIFICS: *It is up to the CLIENT to specify the overall desired style of shooting to be done and communicate this with &#8211;PHOTOGRAPHER-, it is agreed by both parties that the PHOTOGRAPHER shall attempt to emulate the agreed upon style. PHOTOGRAPHER agrees to use his/her skills, experience, and abilities to achieve a satisfactory result for the CLIENT. There is no guarantee that the final results will be exactly in line with the CLIENTS vision, and the CLIENT recognizes the photography is an art form both subjective and variable. It is recognized by both parties that, good communication will help facilitate this and setting aside time at the ceremony/reception for posed/group shots will facilitate a well rounded final product. The CLIENT understands that it is their responsibility to allow and schedule sufficient time for successful documentation of their event. Written timelines/notes ahead of time are helpful in sticking to a schedule and achieving a desirable result. CLIENT&#8217;s initials acknowledge their understanding. X_____.
*SHOOTING TIME / ADDITIONS: *The photography schedule and selected methodology are agreed upon by both the CLIENT and PHOTOGRAPHER, and are designed to accomplish the stated goals and wishes of the CLIENT in a manner enjoyed by all parties. CLIENT and &#8211;PHOTOGRAPHER- agree that punctuality is essential to that purpose. Shooting commences at the scheduled start time. Additional time MAY be available, however the CLIENT should not expect it with certainty. Any additional shooting time, services, or products should be expected to entail additional costs. 
*HOUSE RULES: *The photographer is limited by any guidelines, or house rules, of a ceremony official (if applicable) or site management. The photographer will abide by these limitations. It is agreed that the CLIENT is responsible for ensuring that these limitations are communicated to the photographer in advance of the date of coverage (the earlier the better), and agrees to accept the technical results of these limitations on the photographer, such negative effects can be but are not limited to, grainier images, limited shot selection, limited composition, and similar. Negotiation with the officials for moderation of guidelines is CLIENT's responsibility; -PHOTOGRAPHER- will offer technical recommendations only. 
*COPYRIGHTS: *The photographs produced by &#8211;PHOTOGRAPHER- are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without &#8211;PHOTOGRAPHER- explicitly written permission. Upon final payment by the CLIENT, and delivery of imagery, _*limited*_copyright release of the resulting images will be transferred to the CLIENT under the specific conditions/stipulations provided in the &#8216;copyright release&#8217;, and of the nature agreed to by both parties. A signed copy of the copyright release will be provided with the DVD/R or CD/R containing any released files/ digital images. 
*EXHIBITION: *CLIENT grants PHOTOGRAPHER permission to display selected images resulting from this assignment as an example of PHOTOGRAPHER work and for entrance into photographic competitions, publication, or direct printing and release all claims to profits, or direct profits that may arise from the use of images, additionally, CLIENT waves. It is the standard policy of PHOTOGRAPHER to never use such images in a negative manner, and should a specific image or the use of such an image be objectionable to the CLIENT, PHOTOGRAPHER Policy is to discontinue use of such an image as soon as is practical. 
*MODEL RELEASE: *The CLIENT hereby grants to PHOTOGRAPHER and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction. The CLIENT hereby releases PHOTOGRAPHER and its legal representatives and assigns from any and all claims and liability relating to said photographs. The CLIENT agrees that the client&#8217;s guests, spouse, family members, and attendees of the event shall be made aware of the photography taking place at this event and that they may at any time become subjects of the photographs. It is the CLIENT&#8217;s responsibility to inform attendees of this. 
*LIMIT OF LIABILITY: *In the unlikely event that the photographer is unable to photograph the event, for any reason beyond his control, -PHOTOGRAPHER- will make every reasonable effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the photography fee. &#8211;PHOTOGRAPHER- takes great care with respect to the exposure, storage, processing and delivery the images. If, in the unlikely event photographs are lost, destroyed, or stolen for reasons within or beyond &#8211;PHOTOGRAPHER- control, -PHOTOGRAPHER- liability is limited to the return of all payments received for the event package. 
*SECURITY DEPOSITS: *In the event of cancellation by the CLIENT, the security deposit paid is non-refundable. It shall be liquidated damages to &#8211;PHOTOGRAPHER- in the event of a breach of contract by CLIENT. The CLIENT shall additionally be responsible for payment for any &#8211;PHOTOGRAPHER- costs incurred up to time of cancellation. This can be up to the complete amount of the agreed upon photography fee. In the event of cancellation by the PHOTOGRAPHER, security deposit will be refunded.
*COMPLETION SCHEDULE: *Photography processing takes approximately ____ business days, and proofs should be ready for viewing no later than ______ assuming the event/shoot takes place at the scheduled date and time. Expect physical proofs and/or CD/DVD to take an additional 7 to 10 business days. 
*PAYMENT SCHEDULE*: Minimum Deposit is due at signing. Balance is payable in full by time of wedding (event), prior to start of shooting. The Payment forms accepted at time of shooting are *cash and/or postal money order*. All other forms of payment must have cleared prior to the beginning date/time of coverage. 
  I (CLIENT) have read and understood the terms above. I hereby agree to the terms of this contract. An accurate reproduction of this contract has the same effect as the original. 
  Signed ____________________________________ (Client) Date ________________ 
  (CLIENT / CLIENT&#8217;s representative)
  Signed ______________________________________ (Client) Date ________________ 
  (Representative of &#8211;PHOTOGRAPHER-)


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## PerfectlyFlawed (Apr 20, 2010)

Lets see some more of your shoots


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## Dominantly (Apr 20, 2010)

face palm


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## JeffieLove (Apr 20, 2010)

I only have one done right now and it's for a friend of mine... Here's the link to her facebook album... I know the 2nd picture's PP is kinda bad, need to fix it, but wanted to post it up for her so she could see it. 

Seconds In Time Photography Photos | Facebook

Let me repeat - All of these "free sessions" so far are for friends, and I am not charging them for anything other than prints they may want to order. I am getting model releases and permission to use their photos in my portfolio digitally and in print. 

I know I have a lot of work to do still, but everyone starts somewhere


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## JeffieLove (Apr 20, 2010)

*kicks Dom*

Don't let IgsEMT's wedding contract post scare you... 

I DO NOT DO NOT DO NOT DO NOT want to do weddings. EVER.


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## IgsEMT (Apr 21, 2010)

Hey, I didn't want to be a photographer and was doing everything possible staying away from this field as a primary source of income. But Gd has other plans, never say never


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## LBPhotog (Apr 21, 2010)

JeffieLove said:


> I DO NOT DO NOT DO NOT DO NOT want to do weddings. EVER.



I said the same thing about working in a studio ... 

"don't want to be confined by 4 walls" I think were my exact words ...


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## mwcfarms (Apr 21, 2010)

Good luck and cant wait to see some more photos.


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## pbelarge (Apr 21, 2010)

I see the copy of a contract.

My curiousity makes me wonder. How does one present this kind of contract to a 'friend' without _scaring_ them off.


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## bennielou (Apr 21, 2010)

Yes, you definately need a contract.  I won't share mine here because it is wedding concentrated, but basically you need to say these things:

1.  You have artistic license.
2.  You will edit based on your artistic knowledge.
3. They can not sue you for more than they paid.
4.  Spell out what retouching you will and won't do in no uncertain terms.

Photography is a business and you have to watch your back.  Don't worry about getting it all in writing.  If they don't like it, they can go somewhere else.  Who will probably ask for more money, and demand things be worked out on paper first.
Good luck.
Cindy


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## LBPhotog (Apr 22, 2010)

pbelarge said:


> I see the copy of a contract.
> 
> My curiousity makes me wonder. How does one present this kind of contract to a 'friend' without _scaring_ them off.



When I gave my contract a few of my friends I told them I just wanted to put something in writing so that I wouldn't forget what I told them I would give them ... :mrgreen: ... I'm a touched scatter-brained and they know it ... made them feel BETTER about the contract.


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## IgsEMT (Apr 22, 2010)

> I see the copy of a contract.
> 
> My curiousity makes me wonder. How does one present this kind of  contract to a 'friend' without _scaring_ them off. ;-)



Simple, you give it to a friend and have them read it carefully. The copy I included is a draft someone gave me. Mine actually 3pgs long and a bit more detailed then that.


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## KmH (Apr 22, 2010)

Seeking legal advice online is not a good idea.

You not only need a contract, you need a model release in order to use a persons likeness to promote yourself or for any other kind of advertising.

When minors are involved, you must get their parents signed permission on a model release to use the images.

Often a contract includes a model release clause.


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## Dominantly (Apr 22, 2010)

KmH said:


> Seeking legal advice online is not a good idea.
> 
> You not only need a contract, you need a model release in order to use a persons likeness to promote yourself or for any other kind of advertising.
> 
> ...


I thought you needed to have a model release if you were selling their image for profit, but not if you were using it to show your capabilities, like in a portfolio or on a website.


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## c.cloudwalker (Apr 22, 2010)

pbelarge said:


> My curiousity makes me wonder. How does one present this kind of contract to a 'friend' without _scaring_ them off.



You just tell them the contract is there to make everything clear between you and them and, it is also to protect them as well as you. Some people will get scared, most won't.




Dominantly said:


> I thought you needed to have a model release if you were selling their image for profit, but not if you were using it to show your capabilities, like in a portfolio or on a website.



A commercial/retail photog website is an advertising tool. Advertising is commercial use. If you were to use the photos in a physical portfolio only, you wouldn't really need to worry about it but a website being out there in public for everyone to see, I would.


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## Dominantly (Apr 22, 2010)

What about a company such as TMZ that displays images without permission of various famous people?


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## c.cloudwalker (Apr 23, 2010)

Dominantly said:


> What about a company such as TMZ that displays images without permission of various famous people?



Famous people have no expectation of privacy. Fame makes you public property in a way.


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## bennielou (Apr 23, 2010)

Dominantly said:


> KmH said:
> 
> 
> > Seeking legal advice online is not a good idea.
> ...


 

Actually, the contract should suffice as a model release.  Mine basically says, the contractees are giving me full right to use their image in anyway I see fit.  I also have a diddy in there about using guest photos, and transferring the liability back to the contractee if there is a dispute.  (However it is perfectly legal for me to shoot anything at anytime, going on in a public space, IE a wedding).
I've never had to go there, as I would never do anything that I would think would be embarrassing to my clients or friends.

Best advice is to get a photo attorney to write a good contract for you.


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## bennielou (Apr 23, 2010)

c.cloudwalker said:


> Dominantly said:
> 
> 
> > What about a company such as TMZ that displays images without permission of various famous people?
> ...


 
This is half truth, and actually covers more than you would think.

(I know this from the photojournalism stuff).

Privacy rules are the same for all of us.  Famous or not famous.  If you or a celebrity is in their home, or a hotel room, or anywhere else one would expect privacy, you can not step on that ground to shoot them.

You can stand in the street on a ladder, with a telephoto, but that would still be tricky legal ground.

But the second they step out of "sacred space" where other people can see them, like a beach or a grocery store, or a wedding, or a public street, all is fair game.  Basically, if you can be in a public area and see something with your eyeball, you can legally shoot it.

Anything privately owned? No.  This would include the inside of hotels where they restrict room privacy policies, bars (for obvious reasons) and gaming places like casinos.

Hope that helps.


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## KmH (Apr 23, 2010)

Dominantly said:


> What about a company such as TMZ that displays images without permission of various famous people?


Because that is editorial use (not advertising).


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## KmH (Apr 23, 2010)

bennielou said:


> You can stand in the street on a ladder, with a telephoto, but that would still be tricky legal ground.


I don't think there's anything tricky about it.

It would be an invasion of privacy if you use a ladder.

Using the telephoto to photograph them when they are out in the open would be ok, but not if you have to us a ladder to do it.

Shooting into their back yard from a hill that is publicly accessable would be ok, but not if you have to use a ladder to get the shot.

If they are inside, taking any photograph with any lens would be an invasion of privacy.

There is also the "right of publicity" issue to consider when it comes to famous people and like most model release law varies from state to state, though ROP varies a lot.


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## skieur (Apr 23, 2010)

Dominantly said:


> KmH said:
> 
> 
> > I thought you needed to have a model release if you were selling their image for profit, but not if you were using it to show your capabilities, like in a portfolio or on a website.
> ...


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