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01/03/2006 02:20:27 PM · #1 |
For those wedding photogs out there, can I see some examples of your contracts?
June
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01/03/2006 02:32:49 PM · #2 |
Here's mine. Well, you asked for it! :0)...
Hmmm... just realized I haven't done a wedding since I went digital :0) it won't change much tho...
WEDDING PHOTOGRAPHY AGREEMENT
Upon signing of this agreement by both parties, the Photographer will reserve the date and times agreed upon __________________________ and will not make another reservation for the specific date and time frame. For this reason, all deposits are non-refundable even if the date is changed or if the wedding becomes canceled for any reason.
The photography fee is $________ plus 7.95 % sales tax, for a total of $________. A deposit of $______ is due at the signing of this agreement, with a further $______ to be paid at least two weeks prior to the wedding date (before _________) and the remainder ($_____) to be paid upon receipt of photographs. No less than _______ size ¬¬_______ proof prints shall be supplied to the client three weeks following the wedding date (before _________).
If all photographs and negatives are accepted at the time of presentation there will be no dispute for any sum later on. In this case, the client waves all rights to dispute any disagreements between client and photographer. If the client is not satisfied with the photographs, at the day of presentation and leaves without the photographs, he may ask for a full refund of the job, except for all the materials and the deposit awarded to the photographer in advance.
After a period of one year, the photographer will, upon request by the client, offer to the client the negatives, for a charge of $_____ on the understanding that the copyright of all photographs remains with the photographer. Photographer reserves the right to use negatives, digital scans and/or reproductions for advertising, display, internet promotion, publication or other purposes. Client may make unlimited enlargements and reprints for personal use but not for any commercial purposes without prior written permission from photographer and full copyright recognition.
If the photographer or alternate cannot perform this agreement then the photographer shall return the deposit to the client, but shall have no further liability with respect to the agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in shipping, or otherwise lost or damaged without fault on the part of the photographer. In the event the photographer fails to perform for any other reason, the photographer shall not be liable for any amount in excess of the retail value of the client's order.
The parties have read all pages of this agreement, agree to all its terms, and acknowledge receipt of a complete copy of the Agreement. Each person signing below shall be fully responsible for ensuring full payment to the terms of this agreement.
Bride_____________________________________________ Date: ___________
Groom____________________________________________ Date: ___________
Billing Client ______________________________________ Date: ___________
Photographer_______________________________________ Date: ___________
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01/03/2006 02:41:02 PM · #3 |
| //www.needpictures.com/documents/contract.pdf |
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01/03/2006 03:23:40 PM · #4 |
Search the web. Then go see a local lawyer as each state has it's own rules. For example most every photog takes a deposit to hold the date, and 99% won't return it - a non-refundable deposit. Here in PA that is not legal. Call it a 'retainer' and it is. You want a legally binding and enforceable contract, and ONLY a lawyer can write one. (otherwise it's practicing law without a license, and you will lose in court against a real lawyer).
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01/03/2006 03:32:06 PM · #5 |
i might have to keep this in mind =) i didnt think about this
Message edited by author 2006-01-03 15:32:58. |
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01/03/2006 03:55:17 PM · #6 |
Also, if you copy a contract without permission, it is a copyright violation just as if someone copied one of your photos.
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01/03/2006 04:00:40 PM · #7 |
Is there any way to get a contract without a lawyer? Having to hire one to write a contract would be yet another expense, and seems kinda' silly, considering how simple a contract it is.
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01/03/2006 04:05:57 PM · #8 |
Originally posted by OdysseyF22:
Is there any way to get a contract without a lawyer? Having to hire one to write a contract would be yet another expense, and seems kinda' silly, considering how simple a contract it is. |
It's a bit like pilots really - you pay them too much normally until the point the plane is in trouble and then they earn the money and some.
My point is you need a lawyer to review a contract because nothing is really too simple - Use anything on the web as a nudge to get your requirements set in your mind so you can minimise the time you need with a real lawyer.
You only NEED an enforcable contract for the times when things go wrong, trouble is you don't know those beforehand :-) |
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01/03/2006 04:08:56 PM · #9 |
Originally posted by robs:
It's a bit like pilots really - you pay them too much normally until the point the plane is in trouble and then they earn the money and some.
My point is you need a lawyer to review a contract because nothing is really too simple - Use anything on the web as a nudge to get your requirements set in your mind so you can minimise the time you need with a real lawyer.
You only NEED an enforcable contract for the times when things go wrong, trouble is you don't know those beforehand :-) |
Watch it mate, I'm a pilot from a family of pilots! ;-D
But considering what you said, I guess I have to agree with you. It's a bit annoying, but to be safe, I'll have to run mine by a lawyer before I use it. Thanks!
Message edited by author 2006-01-03 16:09:40.
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01/03/2006 04:13:14 PM · #10 |
Try Business and Legal Forms for Photographers by Tad Crawford. It's available at Amazon and Barnes & Noble, and contains a wealth of good advice, ...in addition to a CD with all the forms you need.
...then consult your attorney :-)
Message edited by author 2006-01-03 16:13:49. |
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01/03/2006 04:16:14 PM · #11 |
Originally posted by lenkphotos:
Try Business and Legal Forms for Photographers by Tad Crawford. It's available at Amazon and Barnes & Noble, and contains a wealth of good advice, ...in addition to a CD with all the forms you need.
...then consult your attorney :-) |
I own that book, and I am basing my contract on the one provided there. I just wanted to see other contracts and see if I can get any more ideas.
June
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01/03/2006 04:23:36 PM · #12 |
Originally posted by Chiqui:
Originally posted by lenkphotos:
Try Business and Legal Forms for Photographers by Tad Crawford. It's available at Amazon and Barnes & Noble, and contains a wealth of good advice, ...in addition to a CD with all the forms you need.
...then consult your attorney :-) |
I own that book, and I am basing my contract on the one provided there. I just wanted to see other contracts and see if I can get any more ideas.
June |
I'll send you what I use, ...when I get home from work today.
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01/03/2006 05:34:43 PM · #13 |
I agree, you can start with a sample contract from a book, add to or subtract from it, then take it to an attorney for review. That may cost a bit up front, but could be a bargain compared to the cost should Bridezilla and her Evil Mother decide to take you to court and you have an invalid contract or portion of a contract.
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01/03/2006 05:51:46 PM · #14 |
Here's what I use:
1. This agreement constitutes an order for wedding portraiture services, including the taking of wedding pictures as agreed to by both the Photographer and the Client. Unless otherwise specified, it is understood that any and all rights to proofs, final or sample prints thereof, shall remain the property of the Photographer and may be used for advertising or display as deemed proper by the Photographer.
2. If the Photographer cannot perform this Agreement in whole or in part due to a fire or other casualty, acts of God or nature or terror, or other cause beyond the control of the parties or due to Photographer's illness or injury, then the Photographer will return all fees to the Client but shall have no further liability with respect to this Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Photographer. The Client agrees that an entire wedding cannot be replicated, reenacted or repeated for the purpose of a re-shoot and limits the Photographer̢۪s liability to the amount paid under this contract.
3. On signing of this agreement by both parties hereto, the Photographer will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all payments are non-refundable even if the date is changed or if the wedding becomes cancelled for any reason.
4. The service fee is $______ and includes all services and items as listed on page two of this document. The payment schedule is as follows:
a. $______ is due at the signing of this agreement,
b. $______ is due 30 days prior to the wedding date, and
c. $______ + any additional purchases and applicable taxes to be paid upon receipt of all deliverables.
We, the undersigned Contracting Parties, hereby warrant that we are competent to contract in our own names. We confirm that we have read the herein agreement prior to its execution and are fully familiar with the contents thereof. This agreement shall be binding upon us and our heirs, legal representatives and assigns. And, we certify that we have received a complete copy of this agreement with all blank lines completed.
The Photographer: ______________________ Date: ______________
The Client: ____________________________ Date: ______________
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