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01/19/2009 12:05:47 PM · #76 |
Originally posted by Bear_Music:
Originally posted by NikonJeb:
The problem I have, and why *I* am as adamant about it as I am is because I was in business for about twenty years on my own, and ran businesses for a couple of friends before that.
It's always assumed that it's perfectly okay for the businessman to "Take one for the Gipper" when someone screws up and someone has to bear the brunt of it.
That ain't right.
Screw the moralty, screw the stigma and perception of exploitation.....that's just rhetoric to cloud the issue.
She needs to do the right thing......if she doesn't, she's a scumbag, but the way that society looks at the businessman, they see it as an entity, so they don't think twice about screwing him.
No matter what, alb gets screwed. |
I'd buy this argument if he'd PAID her to model, but he didn't. I'd buy this argument if she was a professional model, but it seems she wasn't, at the time. Seems like she was a wannabe model, looking for exposure, who AFTER the shoot discovered to her chagrin that an agency that wants to make her a "professional" frowns on that sort of shot.
And your response above is what a couple of us are talking about: that nothing is more important than the contract, we have to uphold the sanctity of the contract at all costs, if she wants to break the contract she should pay through the nose for it, because Commerce is God and let nothing stand in its way.
I reject that approach, Jeb.
R. |
He did pay her, maybe not with cash, but there was consideration agreed to in the contract. That the payment is non-monetary is irrelevant. He is giving her an option out of the contract, not that he is under any obligation to do so, but he is. She should expect to give him reasonable compensation in exchange for breaking the original agreement. You, and some others are so fearful of the "poor defenseless woman" routine that you'd just bend over and take it in the keister with a big smile.
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01/19/2009 12:10:27 PM · #77 |
1) I would definitely not give her any photos at all, due to the circumstances.
2) Charge her $800 Discounted price, tell her to take it or leave it.
3) Agree to âdestroyâ and/or NOT-Publish any shots she thinks would affect her career.
This would still allow you to sell some of the other photos for the balance of you Normal shooting fee.She should initial thumbnails of all allowed photos and put all this in writing.
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01/19/2009 12:27:25 PM · #78 |
Originally posted by Spazmo99:
He did pay her, maybe not with cash, but there was consideration agreed to in the contract. That the payment is non-monetary is irrelevant. He is giving her an option out of the contract, not that he is under any obligation to do so, but he is. She should expect to give him reasonable compensation in exchange for breaking the original agreement. You, and some others are so fearful of the "poor defenseless woman" routine that you'd just bend over and take it in the keister with a big smile. |
To tell you the truth, I find that whole attitude kind of insulting, anyway.
My wife is an amazing, intelligent, independent woman who steps up to the plate and accepts her responsibilities in life.....(Including the cross of having said "I do." to me.....(<8....)....and she finds that whole attitude condescending to say the least.
Equality means just that, and these archaic, misplaced chivalries just muddy the waters of the bigger issue.
The fact that society after all this time still condones racism, discrimination, inequity, and treatment not in keeping with real life just makes it worse. |
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01/19/2009 04:25:20 PM · #79 |
um...yeah..I did get rid of that 15% deal on post sales. I also lowered the number of photos she could receive TFP either. I do keep the all the other photographs and have to make sure there are no marks distinguishing it's her in any of the implied shots...
She actually hasn't replied back to this deal, so I'm not fully sure she's okay with even that. |
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01/19/2009 06:23:57 PM · #80 |
Originally posted by Bear_Music:
I'm not real tolerant of people who justify everything based on contracts. In my world, there's a lot of room for people saying "I screwed up, I don't want to go through with this."
R. |
But that's not what she's saying. She's saying (from what I've read here) "I've got a paying job now, and I need the negative to yesterday's shoot, or else I won't be able to keep the job". So I assume it's a paying job for her - she's wants the pics back/destroyed so she can make money. The photog wants the pics to make money (or at least as 'pay' for his time to shoot them).
She's not saying "I've changed my mind" or "We went to far at the shoot and I'm feeling uncomfortable", etc. Buyers remorse/second thoughts do exist, and that's whey they invented written contracts.
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01/19/2009 07:11:14 PM · #81 |
best put terms on when payment is due ... saying yes is one thing but cash in hand is better ..
sorry you are going through this ... best of luck. |
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