Liabilities?? - DPChallenge Forums

Nikon AF Nikkor 50mm f/1.4D

10/16/2007 07:32:56 PM · #1

okay so i am just starting out a photography "business", doing family christmas pictures, birthday parties, barbeque's etc.

I just am curious as to what liabilities i may be up for (if any)

and what i should have on a contract.

any input at all would be greatly apprieciated!

:)

-Leanna

rex

Canon PowerShot SD780

10/16/2007 08:10:44 PM · #2

Contract?

For that stuff I am not sure you would need a contract.

rossbilly

Nikon D200

10/16/2007 08:32:59 PM · #3

First, let me say that I'm impressed with a 16 y.o. who'd like to start her own business...

That said, could you LEGALLY enter into a contract in your state? No offense, I've just heard so many times that 18 is the legal age for such things. If so, that would make any 'contract' void.

I would definitely call your local SBA (Small Business Administration). They are very good about having someone on staff / volunteering that can give a QUALIFIED answer (unlike me). You know, the stuff that stands up in court LOL

Best of luck, and I hope this helps!

Billy

Message edited by author 2007-10-16 21:22:37.

Canon EF 28-105mm f/3.5-4.5 II USM

10/16/2007 09:09:21 PM · #4

Thank you. I wasn't sure if i even needed a contract or anything like that but i'd rather be safe then sorry.

and I'll take your advice.

EyeTrap

Canon EOS-40D

10/16/2007 09:36:37 PM · #5

Originally posted by rex:

Contract?

For that stuff I am not sure you would need a contract.

Canon EF-S 18-55mm f/3.5-5.6 USM II

10/16/2007 10:10:04 PM · #6

A contract is a must anytime you offer professional services, regardless of how small or large. It protects the client but it also protects you most importantly. It outlines what you are responsible for and can also list/limit compensation if something is not delivered (e.g. you get sick and can't attend). Wouldn't want to see you ending up on one of those court tv things :P

Okay. so then i DO need some type of contract, but like the person below said that since i am only 16 that it might be void?

if no one knows the answer to these questions thats okay i plan on getting some type of "legal advice" so i don't forget anything that could get me onto Court TV hahaa

:]

CalamitysMaster00

Canon EOS-400D Rebel XTi

10/16/2007 10:19:21 PM · #7

Great thinking - its always better to be safe than sorry. I would say that its always good to start out a business by having a good price list that will list what you will and will not do.

Some clients expect a lot and having a price list and something for the client to sign (contract or waiver) is nice to keep on hand in case of ANY misunderstanding. I also know from experience that depending on how you deliver your services, you might ask your legal advice about a trademark vs. a copyright. If you are going to give them outtakes or print things for them - its good to get started now on how you want to work that.

(The younger you are, the cheaper your services might be as people may not think you are a real professional. At your modivations, perhaps take them for their money and be a sponge... right?) Here in Kansas City, there are great small business groups that have volunteers and workshops for those of us in business. As a young woman, I qualified for grants, scholarships, loans and much more - take advantage of your age and your situation and be as professional as can be.

Also, I can tell you from experience that people will criticize you - but you have to keep in mind that many people do great things regardless of their age.... the one thing in business I've learned is that despite "all that other stuff", reputation is the only real important thing. Remain kind, open-minded, always ask for help if needed and speak kindly of others. Your reputation can ruin your business no matter how talented you are.

Good luck and sorry for the ramble..... you caught me on a stressful day. ;)

rex

Canon PowerShot SD780

10/16/2007 10:22:47 PM · #8

Originally posted by EyeTrap:

Originally posted by rex:
Contract?

For that stuff I am not sure you would need a contract.

A contract is a must anytime you offer professional services, regardless of how small or large. It protects the client but it also protects you most importantly. It outlines what you are responsible for and can also list/limit compensation if something is not delivered (e.g. you get sick and can't attend). Wouldn't want to see you ending up on one of those court tv things :P

I don't see how and have never had any customer/client sign one. Never had a problem cause I deliver what I promise and most of the time even give them more than I promise. Good referrals are better than any advertising. And if that takes giving a customer a free 8X10 print then so be it.

10/16/2007 10:35:46 PM · #9

Prof_Fate

10/16/2007 11:46:25 PM · #10

As soon as you take money you are a professional in the eyes of the law - and any insurance company. Sure, the odds of anything happening are small, but sh!t happens. You won't be liable being under 18, but your parents...they will be.

Where are you taking these pictures? At your house? If someone falls, gets bit by a dog, scratched by a cat, smashes their finger is the door - ANTYHING - and you can be liable for medical bills and pain and suffering, lost days of work - you name it, their lawyer will sue you for it. If you are taking money YOU NEED BUSINESS INSURANCE or you are NOT covered. You parent's homeowners WILL NOT PAY. They can lose their house, car, TV - everything.

If you shoot at someone's house same idea, but now it's you scratching a table when you set your camera down, etc.

Shooting at a pet store, mall, what have you? Their insurance may, or may not, cover you and what you are doing. Someone gets hurt they sue EVERYONE and let the courts sort it out.

As for a contract - basic business law has been around a long time and a simple invoice/sales slip is generally fine. Staples sells mulit-part forms for $10 or so - i use 3 part - pink to the customer, white with the order and yellow follows the money.