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07/17/2007 08:18:49 PM · #1 |
I was searching the forums and really could find a posting about this, so if there is one please forgive me.
Is there a good website to get a basic contract between a photographer and an organization? I am looking for one between myself and a basketball club.
Thanks! |
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07/17/2007 08:34:17 PM · #2 |
your local bar association.
Reason being is every state has it's own quirks. For example, here in PA anything called a 'deposit' is refundable. There is no such thing as a non-refundable deposit - it has to be called a retainer.
Now then, if no one breaks the agreement then you don't even need to really write it down. But if someone wants to break it, then the first thing the wronged party will do is take the contract to their attorney and demand retribution (small claims court perhaps, or even a stern letter from a lawyer). The problem arises when the contract isn't legally enforceable (like the deposit thing). So at this point the contract's not worth the paper it was written on.
Form what sports league shooters tell me most leagues are run by parents, and they change often and have no care or concern for contracts.
Personally I'd write up a letter of understanding - something like:
Photographer will: (and make a list)
Basketball League will: (and make a list)
And pretty much leave it at that. Sure you want exclusive access with no other photograhers and a mutli year deal...and pentalties if they fail to hold up their end of things, but it's not likely to be worth the paper it's printed on.
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07/17/2007 08:45:57 PM · #3 |
| Thanks so much, I am going to see what I can find out about Colorado. |
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07/18/2007 08:38:41 AM · #4 |
"Form what sports league shooters tell me most leagues are run by parents, and they change often and have no care or concern for contracts."
On the same note though, since they are run by parents, they tend not to have the business sense that a "company" would have, and do not fully investigate their contracts. There is a guy that has all leagues he does sign a 3 year contract with him, so he is guaranteed work with them for 3 years, but apparently the contract is hardly enforceable, but a parent doing this on the side isnt going to take the time to investigate if they can get out of a contract or not. Im tempted to start using the same type of contract, just because I can. |
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07/18/2007 09:39:17 AM · #5 |
I would not be so cautious as Prof_Fate recommends.
A basic standard form contract will be better than nothing. If the deal is not worth enough to hire a lawyer, there may be quirks of local law that may affect how it is interpreted, but a partly-unenforceable contract is better than no contract or a completely self-drafted contract.
I am often painfully aware of the inadequacies of contracts prepared or negotiated by non-lawyers. In contracts prepared by non-lawyers, the biggest mistakes I see do not relate to what each party plans to do, but what is left out of the contract. For example, non-lawyers often fail to provide a clause limiting their liability in the event of breach Ă¢€“ this is a hugely valuable right, but most people would not think to include it unless they are familiar with commercial contracts.
If you do find a standard form that you like, be careful who you get to sign it. You need to agree the contract with a legal person (eg a natural person, a company, a partnership etc). I donĂ¢€™t know what kind of organisation the basketball club is, but if it is not constituted ion some fashion as a legal person, then you need to find the person/people who control(s) the club and contract with them.
I am afraid that I donĂ¢€™t have a specific recommendation Ă¢€“ if you can find something that is US oriented then that is good, and oriented to your state even better.
Message edited by author 2007-07-18 09:40:15.
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07/18/2007 09:49:30 AM · #6 |
| You might want to see if Nolo Press has anything you can use. |
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07/18/2007 10:11:14 AM · #7 |
Originally posted by GeneralE:
You might want to see if Nolo Press has anything you can use. |
You get a commission on referrals there don't you? ;-) |
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07/18/2007 10:15:52 AM · #8 |
Originally posted by Spazmo99:
You get a commission on referrals there don't you? ;-) |
I wish! The do have an easy-to-remember URL though ... |
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