Contract Help [Archive] - Canon Digital Photography Forums

amfoto1

25th of November 2008 (Tue), 10:58

Hi,

Here's a generic one for equestrian photography I picked up somewhere a few years ago:

TYPE OR INSERT YOUR COMPANY HEADER HERE
Local Equestrian Event Photography Agreement

Event Date: Photographer's Reference # Date of Confirmation:

Client: Event or Show Name: Web Site: www.YourWebSite.com
Event Location:
Contact Name: Email:
Address: City: State: Zip:
Office Phone: extn: Fax Phone:
Cell Phone: Home Phone:

Photographic Services Description:
(List YOUR method of sales or services here and DELETE those, which do not apply. Also DELETE this line of instructions)
Photographer will provide:
 Photography of event participants. Services include X photographer(s) and X assistant(s).
 On site viewing of digital proofs for review and/or purchase.
 Mailing of printed proofs to event participants within X days of the event for review and/or purchase.
 Internet viewing of digital proofs for at least X days on www.YourWebSite.com

Conditions of Photographic Services:
 Official Acknowledgement of PHOTOGRAPHER as the event's "Sanctioned" and/or "Official" photographer.
 Exclusive, or preferential, shooting locations and lighting (e.g. shooting with flash, etc.) conditions.
 Exclusive rights to sell images and promote PHOTOGRAPHER during the event.
 Distribution of PHOTOGRAPHER'S informational or promotional material shall be included with the Event participant's information packet.
 Client will provide on-site parking and transportation (e.g. golf cart), when necessary.
 Client will provide a list of registered participants or attendees with contact information. Note: Privacy of participants and attendees will be respected in all cases. This information will only be used to contact the participants when images are posted and available for viewing on our web site.
 Client will provide image production/sales facilities with electrical power conveniently located near the event or show for the participants viewing.
 Client will provide shooting facilities, electrical outlets and space for items requiring staged photographs, such as winners or stallion portraits, when needed.
 Model/Property Releases of participants will be required for any images taken for event sponsors. The client's assistance may be required to acquire these model/property releases. Photographer will provide the appropriate release forms.
 The copyright to all images created or supplied pursuant to this agreement remains the sole and exclusive property of the photographer. There is no assignment of copyright, agreement to do work for hire, or intention of joint copyright expressed or implied hereunder. The client is licensed for the above usage specifications in accord with the conditions stated herein. Proper copyright notice, which reads: "©2002, Photographer's Name www.YourWebSite.com", must be displayed concurrent to each image. See item 4 of Terms and Conditions for placement requirements. Omission of required copyright notice will result in loss of use to the licensor.

************************************************** ********************************

Here's an adaptation I've used:

name/logo

address/phone/email/website

EVENT PHOTOGRAPHY BOOKING FORM & AGREEMENT

EVENT DESCRIPTION & DETAILS:

Name of event:…………………………………………………………………………….…………………………………… …………….…………..

Event location:………………………………………………..………………………….………………………… ………………………………….….

Day(s)/date(s) of event:……………………………………………………………………..………………………………………… ……….………..

Hours of event:…………………………………………………………………………………….……………….………… ………………………….

On-site printing & sales? Yes No
Electricity avail.? Yes No
Electricity Cost? Yes No $…………………...…

By signing this Agreement, both the Photographer(s) and the Event Organizer(s)
indicate their mutual agreement to the terms set forth here. This is a binding contract.

- Photographer referenced in this agreement is either the undersigned individual(s) who themselves will be providing photographic services at the event or other persons who have full authority to sign for those who will actually be providing photographic services at the event described above.
- Event Organizer referenced in this agreement is the undersigned individual(s) who has full authority to enter into this agreement on behalf of the individual, organization, association or company which is sponsoring and/or otherwise responsible for organizing the event described above.

1. Photographer agrees to provide photographic services at this event to the very best of his/her ability.

2. Event organizer requests photographer make the following specific photographs:

…………………………………………………………………………………………………………………………………… ……….………………

…………………………………………………………………………………………………………………………………… ……………………….

…………………………………………………………………………………………………………………………………. ………….………………

…………………………………………………………………………………………………………………………………. .…………………………
All parties recognize that there is some uncertainty inherent in performing photographic services – including but not limited to weather, lighting conditions, subject cooperation, equipment failure, etc. – and realize that it’s impossible to fully guarantee a particular request can be fulfilled. Photographer agrees to make every effort to fulfill event organizer’s request, as well as any requests from event participants, but cannot and does not offer or provide complete guarantee and assurances.

3. Photographer and event organizer agree compensation to photographer for his/her services at this event will be:

……………………………………………………………………………………………………….…………………….. ……………………….….…

……………………………………………………………………………………………………………….…………….. ……………………….….…

…………………………………Non-refundable deposit of $…………………………….. (……………%) is required with this agreement.

4. Whenever such is called for, Photographer is responsible after the event for making available as complete as possible selection of edited photographs taken during the event, accessible on the Internet for viewing (as thumbnails) to provide for and allow purchase of reprints and other products for a reasonable period of time (typically 3 months or more). Photographer will work to insure editing and uploading of images are done in a timely manner, typically no more than 5 workdays following the event, often less. In addition, photographer will maintain photographs taken during this event on file offline for a minimum of 3 years from the date of the event and agrees to provide future reprints of photographs at prevailing future print prices. All due care will be taken by photographer with images created at this event, but photographer’s liability for damage, loss or failure to deliver any or all images, for any reason, is limited to the refund of a percentage of compensation received which is equal to the percentage of services not able to be delivered. Any and all other costs related to this agreement remain the responsibility of the event organizer.

5. Event organizer agrees to notify and/or provide means of notification of participants in this event so that they may be informed and reminded when and where photographs may be viewed and are available to purchase, in a timely manner. Photographer agrees that any participant contact information that might be provided by event organizer will strictly be for the photographer’s use and will not be given/sold to third parties for any other marketing purposes.

6. Event organizer agrees to facilitate photographer’s performance of his/her services at and during the event, to include providing necessary access, within reasonable safety limitations. At photographer’s discretion, location(s) may be needed onsite at which photographer will make photographs, process photographs and/or make prints of photographs for immediate sale to participants of the event, and/or post or distribute promotional literature/signage to inform participants of onsite photographic services. Event organizer agrees to provide space for photographer to set up onsite facilities as needed (i.e., 10’x10’ tent outdoors, or similar space indoors), to include providing access to electricity (please disclose any electricity costs above). Event organizer agrees to provide photographer accessible vehicle parking throughout the event. Photographer often stores equipment in vehicle and retrieves it for use during event.

7. Event organizer agrees photographer has exclusive rights during this event and on all sites associated with this event to take photographs of a commercial nature, to promote photographic services, and to provide photographic services and print sales to all participants of this event and to the event organizer. Photographer may at his/her sole discretion hire and/or enlist additional photographer(s) and/or assistant(s) to help perform photographic services at this event. Event organizer agrees to be responsible for barring other parties from offering and/or performing commercial photography services at this event. This restriction is made for several reasons, most importantly for the safety of all event participants and photographer(s). It is also to avoid confusion of customers who wish to purchase prints or other products and services. And, experience has shown that most events simply do not generate sufficient business to be financially viable for more than one photographic service provider.

8. Photographer and event organizer understand and agree that all photographic images made by the photographer at this event remain the intellectual property of the photographer and are subject to his/her copyright now and in the future; except in case of separate and written assignment of rights made by photographer. At his/her sole discretion, photographer may contribute a limited number of photographs he/she makes at this event for use as small illustration in future publication(s) produced by the event organizer, or for other illustration purposes, such as display on event organizer’s website. Please inquire, with the understanding that more prominent use of photographs may require compensation and that any and all use is subject to negotiation and separate written agreements. Any use of the photographer’s photographs by the event organizer or any other party must be approved by the photographer in advance, in writing. Event organizer agrees that any publication of photographs made by the photographer will be clearly credited to the photographer and that the photographer will receive at no charge a minimum of three finished copies of any print publication(s) in which the photographer’s work appears.

9. Event organizer agrees to be responsible for obtaining permission (written release) from event participants and spectators allowing photographs to be made of those participants, spectators and/or their personal property, while at the event. Permission which the event organizer obtains allows event organizer and/or photographer to use photographs taken at this event for any legal publishing, commercial and/or promotional purposes, now or in the future.

10. This agreement and parties to it are governed by the laws of the State of California and the United States of America.

Signature(s) indicating acceptance of all terms of this agreement, by or on behalf of Photographer:

.................................................. .. ........................... ................................................. ..........................
Photographer #1 Date Photographer #2 Date

.................................................. ..............……………. .................................................. .............………....
Please print or type name & title Please print or type name & title

Signature(s) indicating acceptance of all terms of this agreement, by or on behalf of Event Organizer:

……………………………………………………………………………………………………………………… ….
Complete name of organization, association or company which is sponsoring, organizing and responsible for this event

.................................................. ........ ..................... ……………………………………………………….
Event Organizer #1 Date Event organizer #2 Date

.................................................. ................................. ................……………………………………………
Please print or type name & title Please print or type name & title

Original of this agreement will be retained by Photographer. A copy of this agreement to be provided to Event Organizer.

************************************************** ******

Also search here and elsewhere online for wedding contracts. Many have useful ideas in them.

And the ASMP published book "Business and Legal Forms For Photographers" includes a number of types of contracts you might draw upon, as well as explanations of common terminology and important phrases.

What's missing from the forms above at this point is information on insurance and indemnification. I'll probably be adding a paragraph or two.

Finally, just a side note... I always call it an "agreement" in the large heading and elsewhere. I just think it's sometimes easier for people to "agree to" something than to "sign a contract". You'll note, though, that I also state in the finer print "this is a binding contract", in order to be clear and eliminate any wiggle room.

p.s. I am seriously considering making up some "No Flash Photography" A-frame signs to optionally offer to use, too. It's been more and more of a safety issue at a few recent events. You'll notice flash is mentioned in passing in the contract above. If I do this, I'll add "Flash Photography Okay", "Restricted Flash Photography (official photog only)" and "No Flash Photography" as check off items for the event organizer. That way it's their decision and I'm just helping out and going along with it by posting any signs on their behalf.

Now, if I could just figure out how to keep proud dads with kit cameras from following me right out into the arena.... Yes, that actually happened recently.... Twice, in fact. One time it was two proud dads tagging along and shooting over my shoulder! That's up to the organizers to enforce, but they sometimes have a hard time saying no to participants who are big spending, regular customers.