Display of prints in a business-What paperwork do I need?

[RogerAylstock]

I’m going to approach my local Credit Union to do a display of my work since they chose one of my images for their 2010 calendar. If they agree...


Do I need any type of contract here? I’m thinking I at least need something listing the print names & sizes (& retail prices?). What if someone damages a print or one comes up missing? What have others of you done with documentation for public display of your prints in a business?

Thanks!

[RDKirk]

The two main components of the proposal would be:

a. What you get out of it
B. What they get out of it

The two main components of a contract would be:

A. What you will do
B. What do they will do

What do you expect to get out of a display? Do you want them to act as a commission gallery and actually sell your work for you? In that case, they would get a bit of money and you would have to create contract arrangements for commission, collection, payments, et cetera (and had better hire both a CPA and a lawyer to make sure it's done legally and financially feasibly).

Do you want them merely to exhibit your work in the hopes of attracting clients directly to you? In that case, you'd probably propose that they will get free decor. You'd promise to provide them with work meeting some agreed upon characteristics: Number, replacement periodicty, perhaps styles of frames, size, et cetera.

There are some thing that IMO are out of place in the discussion. For instance, if your desire is merely to display your work to the public, consider the value of that service to you: Go to a local mall and ask them what they would charge you to set up a kiosk display your work--it will be several hundred dollars a month, perhaps doubling from October to December. That will tell you how valuable it is to have a business put your work on display for free.

Considering the value of their service to you, you would not want to make a business liable for the cost of damage to your work. Yes, nice enlargements are expensive, but they're doing you a huge favor--they could just buy some cheap prints from Hobby Lobby for decor.

Most of the time, if display is your objective, you would not want to get involved with a written contract--certainly nothing more than a very simple statement. Remember, they're doing you a much bigger favor than you're doing them...it's very easy for them simply to say, "Too much hassle" if you present them with something that looks like it needs their lawyer's review.

[RogerAylstock]

RDKirk,
Thanks. Some good thoughts here. I think your last sentence sums it up nicely. I appreciate your feedback.

[amfoto1]

I really have to completely disagree with some of the previous response...

1. Yes, they are doing you a favor... However, you are also doing them a very big favor. You are providing unique decor at no cost to them. This is something they'd normally have to pay quite a bit for. Look into it, perhaps while checking the rents at the kiosk in the mall. A lot of businesses budget in the 6 and 7 figures for artwork to hang on their walls or place on pedestals in their lobby. There are firms that specialize in providing decor for commercial spaces. If you were selling them the images, the price would be significantly more than if you were selling it to an individual who would be displaying it on the wall in their home.

2. Most definitely put something in writing, sign it and get it signed. This really doesn't need to be extensive or complicated. Just spell out what, when, where, who and for how long. You are commiting to perform various things every bit as much as they are. They are a business, and a financial one at that. They appreciate and understand the importance of putting things in writing and wouldn't provide any of their services to you without you signing some sort of agreement.

You do need to find out if their insurance covers your work against loss or damage, while it's hanging on display in their lobby. If not, you may want to insure it yourself, unless you are simply willing to assume the risk of any loss.

Speaking of risk... What if one of the hangers breaks and a print falls off a wall and injures someone? Who's liable? Pretty unlikely... But something to think about and be prepared to deal with in some way, if at all possible.

[RDKirk]

I really have to completely disagree with some of the previous response...

1. Yes, they are doing you a favor... However, you are also doing them a very big favor. You are providing unique decor at no cost to them. This is something they'd normally have to pay quite a bit for. Look into it, perhaps while checking the rents at the kiosk in the mall. A lot of businesses budget in the 6 and 7 figures for artwork to hang on their walls or place on pedestals in their lobby. There are firms that specialize in providing decor for commercial spaces. If you were selling them the images, the price would be significantly more than if you were selling it to an individual who would be displaying it on the wall in their home.

I actually do sell portraits for display in businesses, and if they were to buy 6 or 7 of my portraits, they would be paying me 6 or 7 thousand dollars. However, that's when they come to me with their desire to buy...which is a very different circumstance from me going to them with my desire to exhibit.

I go to them with what I want to put on their walls...my desire...I have to sell them on my desire becoming their desire, that what I want to put on their walls is what they want on their walls.

2. Most definitely put something in writing, sign it and get it signed. This really doesn't need to be extensive or complicated. Just spell out what, when, where, who and for how long. You are commiting to perform various things every bit as much as they are. They are a business, and a financial one at that. They appreciate and understand the importance of putting things in writing and wouldn't provide any of their services to you without you signing some sort of agreement.

You do need to find out if their insurance covers your work against loss or damage, while it's hanging on display in their lobby. If not, you may want to insure it yourself, unless you are simply willing to assume the risk of any loss.

I didn't say put nothing in writing, but I did say (and mean) be careful what level of liability you try to levy on them. Nobody wants more liability--nobody wants higher insurance bills--and I've seen photographers get shown the door on this particular issue because they insisted on confronting a business with the increased liability of displaying his work. The business is always weighing "what is it costing me" with "what's in it for me."

This is a cost of marketing and should be counted as that.

Speaking of risk... What if one of the hangers breaks and a print falls off a wall and injures someone? Who's liable? Pretty unlikely... But something to think about and be prepared to deal with in some way, if at all possible.

This is a point that does need a mention...but it also stands in light of what the photographer's liability is even when selling work to any client. There is no difference.