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11/14/2004 10:42:29 AM · #1 |
I am looking for comments on the following contractual statement.
First a little background info:
I am going to shoot a friend's wedding as they are not a very wealthy couple and cannot afford to hire another photographer to do the ceremony. Even though they are good freinds, I believe in the statement: "Friends who contract together stay together" and have roughly drafted a simple contract to put into writing our agreement.
When they first asked me, I explained to them I had not photographed formal weddings and they really should hire a professional. They said they understood and had no real expecatations and no matter what happenned it would be okay. To that effect I have written the following statement and will have the groom sign it.
The statement:
I, MYNAME, agree to provide photography services to GROOM'SNAME documenting his wedding on DATE (and any other associated and mutually-agreed upon events). I am performing this service with no payment being received, and as such, I am guaranteeing nothing. Specifically, although I will try to photograph events to please GROOMS'SNAME personal taste, I ultimately will photograph in an editorial style and as such, I may or may not be able to photograph anything due to reasons that may remain known only to myself. All photographs I take will remain my sole property (with the right to publish, copyright, and use in whole, in part, composite, retouched in character or form) and while I intend to share these photographs and allow GROOM'S NAME,family, and friends to print unlimited copies of these shared photographs, I retain the power as to what photographs are shared, how they are shared, and when I will share them. Assistant photographers may be used to capture the event, and their photographs will remain their sole property. Photographs taken by assistant photographers, are intended to be shared with GROOM'SNAME but the specifics of what, when, and how they will be shared will remain to be determined by the photographers who will take those photographs.
Any thoughts? not enough? too much? conflicts?
Thanks,
Eric
Message edited by author 2004-11-14 11:06:53.
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11/14/2004 11:08:46 AM · #2 |
Sounds pretty good to me. Shame that you gotta CYA like that even with friends, but that's what this world has become.
It could use a professional's touch in certain areas, but I'm no professional. When you say "I am guaranteeing nothing", it just sounds like that could be worded a little better for example.
GL |
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11/14/2004 11:14:49 AM · #3 |
If you are not being paid, and can't even gaurantee them shots, why would you have a contract? I also have a problem with you having control of which photos they print. While your intention may not be to hold anything 'hostage' it comes accross that way. At least to me.
I have heard brides say 'I don't expect much' but wait until your shots come back. I can almost gaurantee you, friend or not, they WILL blame you and want to hold you accountable for messing up the most important day in their lives. This is going to be a touchy subject, if I were you I would go as a guest and get shots, not as a photographer. Once you selll yourself as a 'professional' regardless of experience with weddings you are naturally held responsible for the beauty, or crap that you shoot. I would be very careful about trying to tell someone which of the photos of THEIR wedding you will allow them to print. IMHO if you think shots will be that bad, that you have to reject printing, you shouldn't be doing it at all.
No offense, just don't want to see another photographer get screwed. While you will be legally within the contract, I personally wouldn't want a sketchy shoot under my name. Nor would I risk my friendship for some 'practice'.
Joe
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11/14/2004 11:18:39 AM · #4 |
Originally posted by deapee:
Sounds pretty good to me. Shame that you gotta CYA like that even with friends, but that's what this world has become.
It could use a professional's touch in certain areas, but I'm no professional. When you say "I am guaranteeing nothing", it just sounds like that could be worded a little better for example.
GL |
good point.. I wouldn't say "i gaurantee nothing",, but I would say "I gaurantee to be at the agreed location, on the agreed day, at the agreed time.(your name or company name) will not be held responsible for quantity, or quality of photos taken at forestated place, day and time."
another point to my last post.. I would insert something along the lines of this.. "bride and/or groom will be granted the right to print any photo they see fitting, but (your name/company name) reserves the right to limit distribution of said photos to anyone within the wedding parties immidiate family. This includes Parents, in laws and any other applicable entities involved with said event." this would cover your but on which photos are mass printed. I would never limit the bride/groom only their families. And only then if the shots were so bad that I myself hated them.
Message edited by author 2004-11-14 11:22:30.
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11/14/2004 11:22:57 AM · #5 |
I'd determine how you wish to share the pix ahead of time. Maybe just give them a cd with the pictures you choose at the end.
"PHOTOGRAPHER agrees to shoot photos at BRIDE AND GROOMS wedding on DATE, but PHOTOGRAPHER and PHOTOGRAPHERS ASSISTANTS retain(s) all copyright, licenses and other rights in the original files. PHOTOGRAPHER shall provide one copy of images he chooses on a CD. BRIDE and GROOM may make unlimited copies of any of these pictures.
BRIDE and GROOM agree not to hold PHOTOGRAPHER responsible for any photographic problems that arise as a result of PHOTOGRAPHER agreeing to shoot the wedding. BRIDE and GROOM are engaging PHOTOGRAPHERS services knowing that PHOTOGRAPHER may or may not be able to create the images BRIDE and GROOM want and knowing that PHOTOGRAPHER is not a professional wedding photographer."
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Oh, PS, you're nuts. :)
M
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11/14/2004 11:32:17 AM · #6 |
Originally posted by mavrik:
I'd determine how you wish to share the pix ahead of time. Maybe just give them a cd with the pictures you choose at the end.
"PHOTOGRAPHER agrees to shoot photos at BRIDE AND GROOMS wedding on DATE, but PHOTOGRAPHER and PHOTOGRAPHERS ASSISTANTS retain(s) all copyright, licenses and other rights in the original files. PHOTOGRAPHER shall provide one copy of images he chooses on a CD. BRIDE and GROOM may make unlimited copies of any of these pictures.
BRIDE and GROOM agree not to hold PHOTOGRAPHER responsible for any photographic problems that arise as a result of PHOTOGRAPHER agreeing to shoot the wedding. BRIDE and GROOM are engaging PHOTOGRAPHERS services knowing that PHOTOGRAPHER may or may not be able to create the images BRIDE and GROOM want and knowing that PHOTOGRAPHER is not a professional wedding photographer."
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Oh, PS, you're nuts. :)
M |
I will again state I think it's wrong to tell a bride and groom which photos they are allowed to like which is basically what that is doing. Let them decide if they like them, and have the ones they like. It's not very professional to try and take charge of which memories they want to keep for themselves, regardless of your copyright.
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11/14/2004 11:40:19 AM · #7 |
Thanks for the responses.
Sharing the photos will most probably be done by giving them a cd and generally I also like to make a DVD, but since this is a completely free job I'm leaving my contractual responsibilities to them basically nonexistant. Of course I'm going to give them a cd but only of the shot's that actually work; they can then print any and all of those as many times as they want (from the past experience I expect they'll recieve about 400-600 shots just from my camera). From shooting other weddings in the past I generally find that the cream of my shots generally is only about 1/3 of the total exposures and as such I don't want to give them the junk ones (that aren't perfect to me).
lol, you are right, I'm nuts but this a poor college couple living in rural louisiana without alot of cash to blow on the wedding.
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11/14/2004 11:47:14 AM · #8 |
Do you provide your customer with all the out of focus, horribly under/over exposed, closed eyes, etc shots? Or do you CHOOSE which ones to let them look through? I think if you plan on staying in business, you'll remove the "crap" before you give your client their proofs.
Originally posted by magicshutter:
Originally posted by mavrik:
I'd determine how you wish to share the pix ahead of time. Maybe just give them a cd with the pictures you choose at the end.
"PHOTOGRAPHER agrees to shoot photos at BRIDE AND GROOMS wedding on DATE, but PHOTOGRAPHER and PHOTOGRAPHERS ASSISTANTS retain(s) all copyright, licenses and other rights in the original files. PHOTOGRAPHER shall provide one copy of images he chooses on a CD. BRIDE and GROOM may make unlimited copies of any of these pictures.
BRIDE and GROOM agree not to hold PHOTOGRAPHER responsible for any photographic problems that arise as a result of PHOTOGRAPHER agreeing to shoot the wedding. BRIDE and GROOM are engaging PHOTOGRAPHERS services knowing that PHOTOGRAPHER may or may not be able to create the images BRIDE and GROOM want and knowing that PHOTOGRAPHER is not a professional wedding photographer."
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Oh, PS, you're nuts. :)
M |
I will again state I think it's wrong to tell a bride and groom which photos they are allowed to like which is basically what that is doing. Let them decide if they like them, and have the ones they like. It's not very professional to try and take charge of which memories they want to keep for themselves, regardless of your copyright. |
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11/14/2004 11:55:18 AM · #9 |
Originally posted by cbeller:
Do you provide your customer with all the out of focus, horribly under/over exposed, closed eyes, etc shots? Or do you CHOOSE which ones to let them look through? I think if you plan on staying in business, you'll remove the "crap" before you give your client their proofs. |
Exactly. There's no way I'm giving my clients 1100 photos. I give them the 350 best or something. The whole point of digital is to experiement and see the results immediately. However, if you experiment and give them everything, they could pick out 40 blurries, show their friends, you're out referrals. Nice.
M
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11/14/2004 11:56:07 AM · #10 |
lol...sounds like half the pics I take.
"I may or may not be able to photograph anything due to reasons that may remain known only to myself."
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11/14/2004 12:02:58 PM · #11 |
| Where is Louisiana is this wedding taking place. I live in Shreveport. |
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