Writing a contract

[Claire]

Hi,
Ok, I´m going to write up a contract/agreement to my friend regarding the use of my photos for her website and presentation pack. How the heck do I write one??

I´m not sure what language to use and so on. I want to basically say she´s allowed to use the two pictures on her website and within her presentation pack and that she may reproduce the images pretty much unlimited for her presentation pack, but nothing else. If she is to use any of my images for another purpose than those stated, we´ll have to make a new agreement.

Any hints on how to write this thing? I´d appreciate it.

/Claire

[sdommin]

I'm not a lawyer (nor do I play one on TV), but I think your best bet is to write, in plain & simple language, exactly what you want to say. You don't need to get all fancy, just put it in words, on paper. Then both of you sign it. Sometimes we tend to make things more difficult than they really need to be.

[stopbath]

A written contract in everyday language should be fine. Keep it clear and concise, but forget about legalize. It's a contract between friends, and it should be understandable by both of you.

Your local library may have a guide to making contracts.

[BoySpot]

I agree with the others about keeping it simple. The recommendations I usually make on this include keeping sentences short. The longer they get, the harder they are to understand. Secondly, be specific about things. Do not say "it" or "they" or similar terms. Say exactly to what you are referring. It may sound a little labored but it avoids any confusion.

Assume the person reading it understands nothing and think about where the conflicts could arise in the future. Everyone is always friends at the beginning but, if you ever need to read the contract again, that probably means there is a problem. That is when the understanding of friends can disappear. It's far easier to agree things beforehand when you are still friends.

Defining some terms at the beginning is good practice as well. For example, "Pictures shall mean the following picture files A, B and C craeted by X as edited from time to time etc." Then you just refer to Pictures (with a capital P) in the agreement each time and you don't need to restate the details over and over again. You can define yourself and your friend in the same way if you want.

Once all of this is done, hopefully you will file the agreement in a drawer and never need to look at it again.

[SoCal69]

In addition to all of the above excellent comments, I would include clauses regarding consideration being paid or received, the term of the agreement (how long) and whether/how the parties can terminate the agreement. Although the contract can be done in simple everyday language (as long as the intent of the parties is clear), you do want to address any possible future problems (as was indicated earlier). For example, what if you want her to stop using the photos after some period of time. Make sure you have an out for that contingency.