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08/07/2006 01:04:59 PM · #26 |
Originally posted by carisakD70:
Ok, this is what I am going to put into the contract...
1. This agreement constitutes an order for wedding photography, albums and prints. It is understood that the photographer, Carisa Keeling, shall own the copyright in all images created and shall have the exclusive right to make reproductions. The photographer, Carisa Keeling, shall only make reproductions for the clients̢۪ personal use and for the advertising and promotional purposes of Keeling Classic Photography. Advertising and promotional purposes include, but are not limited to: sample albums, sample prints, business cards and other forms of self promotion, entry into photographic contests and art exhibitions, editorial use, and display within or outside of the Keeling Classic Photography studio or other place of business. If the photographer, Carisa Keeling, desires to make other use of the images or digital files said photographer shall not do so without first obtaining written consent from the client. If digital proofs are purchased on CD/DVD then a typed copyright statement will be included with the CD/DVD allowing the client to make reproductions for personal display use only.
Initial Here___________
I am also going to tell her that I am taking it to a lawyer and that further changes may be more complicated to make once he looks at it. I also added that proofs will be ready for viewing 3-4 weeks following the wedding and that albums generally take 4-6 weeks after final approval. I am NOT going to add anything about how many pictures I will take and how many proofs I will give her...we have already discussed that issue and she knows what to expect for her type of wedding. |
A contract sets out the expectations of both parties, and protects you. If you have discussed the number of pictures, then why wouldn't you put it into the formal contract (perhaps as an addendum at the back.) If you told the client, they can always come back and say that there was a verbal agreement to shoot, say 500 pictures. Or they can mis-rememeber and say 1000, 3000, etc. The contract sets expectations properly and should be used to avoid after-the-event fights.
IMO, you've run into someone who has negotiated contracts, not Bridezilla. They are trying to get your agreement that you won't show up at the church, take a couple of snapshots, then give them an album with two pages (ok, that's extreeme but does the wording in your contract allow it?)
Also, the time to get proofs is important. It doesn't have to be right after the honeymoon, but the client probably wants it within a year. If you think you can do it in a month, say 2 or 3 months in the contract.
As far as the wording goes, use the term "best commercial effort to provide ...." and put in weasel wording to account for equipment failure and issues with the wedding (e.g. what happens if the reception is canceled because the hall goes up in flames?)
The contract can be a competitive tool -- you can say that you guarantee in writing to take at least xx shots... what do the other's guarantee?
By mentioning equipment failure you can point out that you have backup cameras and lenses, and let the customer figure out that the others may not.
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08/07/2006 01:47:28 PM · #27 |
The second wedding that I shot video for was a crazy situation which forced me to get a better release contract from my lawyer. I had a simple release form that I had signed by the bride and groom after the reception. Seperate from the job contract, Because I had gotten some amazing clips and I wished to use them for a promotional dvd I was making to show at bridal shows. The Couple was all for it, However the wife of the best man was not too keen on it because he was dancing with the maid of honor instead of her, jealous issues. Anyway I was unable to use the shots because the best man was very visible in both and his wife threatened to sue me the next day.
I changed the release contract and included lines for the entire wedding party to sign I always attended rehearsals and had the release contract signed the night before. Never had another problem.
I have recently stopped booking weddings and will be shooting my very last one next weekend Going to be a biggy 600+ on guest list, Full Day 2 Cam Shoot (Documentary Style) from arrival at church to departure from reception.
After that I am Going to stick to scripted videos, Much easier to work with.
Edited to add, I always reminded the party the next morning of the release they signed it usually kept people from doing stupid things in front of the cameras, which makes post production go much smoother. also incase anyone wonders, I had parents sign in place of mini grooms flower girls etc....
Message edited by author 2006-08-07 13:54:08.
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08/07/2006 05:14:34 PM · #28 |
Ok...funny ending to this story. I changed the contract and emailed it to her. She said that she was going to have her parents look it over (no problem). The funny thing was that she told me that she is going over everything carefully because she has seen too many episodes of the show "Bridezilla" LMAO....
Anyway, I am going to take said contract to my lawyer on Wed and he is going to look it over. The only reason that I don't want to put a number in the contract is because I would like to be able to use a standard contract for each client and weddings can vary a lot.
Thnks everyone! |
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08/07/2006 06:02:35 PM · #29 |
Originally posted by carisakD70:
Anyway, I am going to take said contract to my lawyer on Wed and he is going to look it over. The only reason that I don't want to put a number in the contract is because I would like to be able to use a standard contract for each client and weddings can vary a lot.
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That's why a lot of contracts have an Addendum or Attachment (some have more than one, and they are numbered or lettered). You can fill in all the variable items, like price, time, place of the wedding, size of the Wedding Album, etc. You can also use another Addendum to add things by the client's request, like number of photos or that you'll wear a Hawiaan shirt, ... This keeps the special stuff out of the mainline contract, yet gives you a written record of what you both agreed to.
Of course, you could just show the client a price list:
Shooting fee:
400-600 photos $2000
601-800 photos $3000
100-150 quality photos $4000
:-)
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