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poolstok
28th of July 2005 (Thu), 07:28
Hi all.

A while ago there was some discussions around wedding contracts. A few people posted samples. I have taken these samples (along with Bloo Dog's comments) and created what I believe to be a all encompassing contract that makes one's ass pretty water tight. Now, I am not a lawyer, but if anybody could point out any mistakes / loop holes, please feel free to comment.

Here goes!



WEDDING PHOTOGRAPHY

CONTRACT



Wedding Date and Time: __________________________________________________ ___________

Bride’s Name: __________________________________________________ ____________________

Phone: ___________________________________ Fax: ___________________________________

Address: __________________________________________________ _______________________

__________________________________________________ ______________________________

email: __________________________________________________ ________________________

Groom’s Name: __________________________________________________ ___________________

Phone: ___________________________________ Fax: ___________________________________

Address: __________________________________________________ _______________________

__________________________________________________ _______________________

email: __________________________________________________ _________________________

Time Photography Session Starts: _______________________ Ends: ________________________

Amount of Guests: _________________

Other Photography Sessions agreed on: ______________________________________________

Wedding Chapel Location: __________________________________________________ ________

Wedding Official and Contact Number: ____________________________________________

__________________________________________________ _______________________

Wedding Reception Location: __________________________________________________ _______

__________________________________________________ _______________________

Wedding Reception Manager and Contact Number: _________________________________

__________________________________________________ _______________________

Bride’s Dress-up Location: __________________________________________________ _________

__________________________________________________ _______________________

Wedding theme: please specify colour scheme / traditional / formal / informal / casual etc. __________________________________________________ _______________________

Wedding Attire: describe bride, groom and wedding party attire

__________________________________________________ _______________________

Photography fee agreed on: R_________________ (plus applicable expenses as described in the contract). A deposit of 50% (R______________) is due when this agreement is signed, and the balance (R_______________) is to be paid on the date of delivery of sample photograph CD.

Additional Expenses: THE CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by THE CLIENT.

WEDDING PACKAGE AND SERVICES INCLUDED FOR THE FEE STATED ABOVE:


__________________________________________________ _________________________________

__________________________________________________ _________________________________

__________________________________________________ _________________________________





1. ENTIRE AGREEMENT: This agreement contains the entire understanding between “YOUR COMPANY NAME HERE” and THE CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties.



2. RESERVATION: Upon your signature, “YOUR COMPANY NAME HERE” will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Reservation Deposit of 50% is non-refundable, even if the date is changed or the wedding cancelled for any reason; including acts of God, fire, strike and/or extreme weather. The Reservation Deposit is to be paid at time of signing the contract. The Reservation Deposit is applied towards the contracted wedding photography package. THE CLIENT understands and agrees that the entire amount owed for the wedding photography package described in the contract is due on delivery of the sample CD.



3. SAMPLE CD DELIVERY: After the wedding, “YOUR COMPANY NAME HERE” will provide THE CLIENT with a watermarked low resolution Sample CD. This Sample CD will contain all photographs (in both colour and black and white) taken at the event. All photographs will have a watermark embedded, prohibiting unauthorised use. THE CLIENT should as soon as possible provide “YOUR COMPANY NAME HERE” with a list of desired images to be printed, enlarged and/or digitally manipulated (corresponding to the amount of prints agreed upon in this contract). The list should specify which images should be in colour, black and white or sepia. Printing of photographs cannot commence prior to “YOUR COMPANY NAME HERE”’s receipt of this list. THE CLIENT agrees if the balance is not paid on initial sample CD delivery, “YOUR COMPANY NAME HERE” will NOT make a final delivery of selected prints, incurring no liability to “YOUR COMPANY NAME HERE” and resulting in loss of Reservation Deposit by THE CLIENT.



4. CANCELLATION: In the event that THE CLIENT cancels the contracted services for wedding photography outlined in this contract before the wedding ceremony takes place, the deposit will be forfeit. “YOUR COMPANY NAME HERE” agrees to refund all additional paid money (less expenditures for which receipts will be provided), to THE CLIENT.



5. PRE-EVENT CONSULTATION: The parties agree to a pre-event consultation before the wedding date in order to finalise the actual shooting times and locations.



6. EVENT GUIDE: THE CLIENT will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. The photographer will NOT be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s).



7. 90 MINUTE WINDOW: The bride and/or groom agree to set aside at least 30 minutes before the commencement of the wedding ceremony and a 60 minute time frame afterward for photographs that cannot be obtained during the ceremony or reception. The 60 minutes following the ceremony includes group photographs. If either the bride’s or groom’s late arrival (or any other reason outside of the photographer’s control) prevents this 90 minute window from occurring, “YOUR COMPANY NAME HERE” shall not be held liable for failure to take desired photographs.



8. COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. “YOUR COMPANY NAME HERE” is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to “YOUR COMPANY NAME HERE”. “YOUR COMPANY NAME HERE” recommends that THE CLIENT designate an "event guide" (see PRE-EVENT CONSULTATION above) to point out important individuals to the photographer, whom THE CLIENT wishes to include in informal or candid photographs.



9. SHOOTING TIME / ADDITIONS: The photography schedule and selected methodology are designed to accomplish the goals and wishes of THE CLIENT in a manner enjoyed by all parties involved. THE CLIENT and “YOUR COMPANY NAME HERE” agree that positive cooperation and punctuality are therefore essential. Shooting commences at the scheduled time. Should the ceremony start late due to any reason whatsoever, “YOUR COMPANY NAME HERE” will not be held liable for any photographs not taken.



10. HOUSE RULES: The photographer is limited by the guidelines of the ceremony official or the reception site management. THE CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is THE CLIENT'S responsibility; “YOUR COMPANY NAME HERE” will offer technical recommendations only.



11. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by “YOUR COMPANY NAME HERE” are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without “YOUR COMPANY NAME HERE”’s explicit written permission. Upon final payment by THE CLIENT, limited copyright ownership of the resulting images will be transferred to THE CLIENT under the following conditions:

· The negatives and/or slides are the property of THE CLIENT for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives.

· THE CLIENT must obtain written permission from, and compensate “YOUR COMPANY NAME HERE” prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit.




MODEL RELEASE: THE CLIENT hereby assigns and grants “YOUR COMPANY NAME HERE” and its legal representatives the irrevocable and unrestricted right to use and publish photographs of THE CLIENT or in which THE CLIENT may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE CLIENT hereby releases “YOUR COMPANY NAME HERE” and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that “YOUR COMPANY NAME HERE” may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by “YOUR COMPANY NAME HERE”.
EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that “YOUR COMPANY NAME HERE” will act as the sole and exclusive wedding photographer. Because of the fact that flashes from guest’s cameras may ruin shots taken by “YOUR COMPANY NAME HERE”, THE CLIENT acknowledges that they are responsible for notifying all of their guests that guest photography is not permitted at any time while the professional photographer are in session. “YOUR COMPANY NAME HERE” suggests that a separate notice be placed in the invitations. The formal photography time is for the exclusive use of “YOUR COMPANY NAME HERE” to capture the formal wedding portraits. Because of time constraints and the need for subjects to pay full attention to the professional photographer, guest photography cannot be permitted. “YOUR COMPANY NAME HERE” will allow guests to take snapshots during the processional and recessional, during candid events at the church, and at the altar during the time “YOUR COMPANY NAME HERE” equipment is being packed up. In return for this consideration “YOUR COMPANY NAME HERE” insists no other guest photography take place when or where “YOUR COMPANY NAME HERE” is working. No other guest/photographer using professional equipment will be allowed by “YOUR COMPANY NAME HERE” at any time during the wedding. “YOUR COMPANY NAME HERE” reserves the right to stop any photographic services paid for and leave the function should any other person take photographs with any professional equipment – with the deposit being forfeit.


GUEST COOPERATION: THE CLIENT is responsible for the conduct of their guests. THE CLIENT will direct all other service providers (florist, DJ, caterer, etc.) to provide any needed information and cooperation to the photographer. Coordination with other service providers is necessary to complete all the photography sessions as scheduled. THE CLIENT should share the photography schedule with other service providers to make sure that there is no conflict in times. In addition, events during the wedding day should be planned to make the best use of time from all vendors.


“YOUR COMPANY NAME HERE” will not tolerate verbally or physically abusive behaviour, nor will it share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If THE CLIENT is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. THE CLIENT understands that in such an event, no refunds will be granted.







15. COMPLETION SCHEDULE: The printing process can only start once “YOUR COMPANY NAME HERE” receives the order list for the required images. Digital processing takes approximately 2 weeks. Creation of a wedding album takes 6-10 weeks, enlargements 1-2 weeks or possibly longer when laboratory and bindery schedules are heavy.



16. PAYMENTS: THE CLIENT agrees that 50% deposit is required at the time of contract acceptance and 100% of the remaining balance is due on THE CLIENTS’ receipt of the Sample CD.



17. FINAL DELIVERY: “YOUR COMPANY NAME HERE” will deliver the prints and any additional material once printing is completed. “YOUR COMPANY NAME HERE” will also deliver a CD with the high resolution negatives of all selected printed images. In addition to this, “YOUR COMPANY NAME HERE” will include a CD with low resolution digital negatives of all photographs not selected for printing. High resolution prints of these images can be ordered from “YOUR COMPANY NAME HERE” at the specified tariffs. High Resolution negatives of any additional images ordered will also be provided.



18. METHOD OF REMUNERATION: Payment may be made in cash or deposited into the following bank account:



“BANK DETAILS HERE”



PROOF OF PAYMENT TO BE PROVIDED ON REQUEST



NO CHEQUES ACCEPTED



19. PURCHASE OF DIGITAL NEGATIVES: If THE CLIENT desires a copy of the additional digital negatives (images not selected for the paid package) in high resolution, these images may be purchased at a specified cost and will be supplied on CD. A low resolution digital negative CD will be given FREE with purchase of a Basic, Standard, Deluxe or Higher Packages.



20. PENALTY FEES & CHARGES: There is a R200.00 late payment fee for any payments that are not postmarked or delivered to “YOUR COMPANY NAME HERE” by the required date.



21. RIGHT OF WITHDRAWAL: “YOUR COMPANY NAME HERE”'s discovery of new information, changes to agreed circumstances, or other factors which tends to circumvent its policies may result in its withdrawal. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should “YOUR COMPANY NAME HERE” initiate the withdrawal, all fees will be returned, excluding deposit as well as fair market value for all services/products already provided. In case of withdrawal, R100.00 an hour is charged for all photography services already provided and R50.00 an hour is charged for all other services, consultations and all driving time, rounded up to the nearest half-hour.



22. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. “YOUR COMPANY NAME HERE” will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.



“YOUR COMPANY NAME HERE” takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of THE CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond “YOUR COMPANY NAME HERE” control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.



23. NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the wedding, “YOUR COMPANY NAME HERE” cannot place an unconditional guarantee on the above. “YOUR COMPANY NAME HERE” will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of “YOUR COMPANY NAME HERE”’s control.



24. PERFORMANCE: The performance of this contract on behalf of “YOUR COMPANY NAME HERE” shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.





25. SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.





26. AMENDMENTS: This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and “YOUR COMPANY NAME HERE” at the time of acceptance of this contract shall be recognised as amendments to this contract.



27. REPRINT ORDERS: Reprints of photos (or additional prints of photos not included in the package, but which is part of the additional low resolution images provided on CD) may be ordered at the following rates: - onthou om pryse te verhoog



· Jumbo Print R XX.xx

· 6” X 8” (A5) Print R XX.xx

· 8” X 12” (A4) Print R XX.xx

· 10” X 15” Print R XX.xx

· 300mm X 400mm (A3) Print R XX.xx

· Photo Album (empty) R XX.xx

· Additional CD (including cover) R XX.xx

· Additional DVD (including cover) R XX.xx

· Additional CD / DVD Cover R XX.xx

· Additional Image Manipulation R XX.xx per hour

· Additional High Resolution Negative R XX.xx

· Additional Overtime R XX.xx per hour



Please note that these prices are subject to change without any prior notice.



28. PROFESSIONAL IMAGE MANIPULATION: “YOUR COMPANY NAME HERE” will allow for limited professional image manipulation (if technically possible) on any _________ images of THE CLIENT’S choice. This includes opening of individual’s eyes, red eye removal, de-ageing, removal of people and/or objects, insertion of missing people and/or objects, colour correction, special effects, portrait glamourisation etc. It is understood that if a technicality prevents “YOUR COMPANY NAME HERE” from performing requested image manipulation, or if a technicality prevents the final result to meet THE CLIENT’S requirement, THE CLIENT will reside with the fact that “YOUR COMPANY NAME HERE” has performed to its best ability with regard to the specific task and that “YOUR COMPANY NAME HERE” has no further responsibility towards said image manipulation.













I have read and understood the terms above. I hereby agree to the terms of this agreement.



Signed ______________________ (CLIENT RESPONSIBLE FOR PAYMENT)





Signed ______________________ (Witness)





Signed ______________________ (on behalf of “YOUR COMPANY NAME HERE”)



Date ________________



Location ______________________







Later

Johan

Digital Prophet
28th of July 2005 (Thu), 09:05
See, now this is good stuff. This is a great example that many people can (and probably will) use as a guide to making thier own paperwork. This is exactly why I said a while back that we ought to have a repository of forms that would serve as a guide to our memebers.

I have several (slightly varied) releases that I use. They are hodge podged but if someone were willing to review them I would be willing to post them to contribute to the form library.

Great work Johan, thanks!

- Digital Prophet -

PhotosGuy
28th of July 2005 (Thu), 09:34
A "Form Library"? That's a great idea & probably should be a Sticky. It might save a lot of typing & discussion down the road.
Be sure to note at the top (in BOLD) that these should be checked by a local lawyer to comply with local laws, too. ;-)

Keiffer
31st of July 2005 (Sun), 18:47
Nice work and I totally agree, there should be a form library here for all to use.

©PastImage
28th of April 2006 (Fri), 16:35
You might want to recheck the numbering system, also in 27 get rid of the foreign words they mean nothing. Do not and I repeat do not for your protection put your bank info in the contract. That is a bad thing to do, once someone has your info they can do at will what they want and you are screwed. Keep in mind this is mainly for digital stuff and not much print (neg. film) stuff. I would also like to add this and it might make some people upset but here goes. WE make our money with reprints too so STOP SELLING YOUR COPYWRITES! I am still blown away by the morons that do this silly little crud. When you sell the rights to your work you can never print it with out their permission and paying them! DUH does anyone think about this? You can’t even use it at all!!!!!!!!!!!

subtle_spectre
28th of April 2006 (Fri), 16:57
Law and legal stuff might be best left to lawyers...






....for a small fee, of course! :)

Just kidding!


The beautiful thing about contract law is that, as long as not illegal, you can agree to anything...except to agree about something later.

lakiluno
28th of April 2006 (Fri), 16:58
can I suggest this is done in PDF instead of posted in the forum - I'll put it into PDF now (If I never post it, it was too much work and I gave up seeing as I won't be doing any wedding photography in the near future :D)

Leo

lakiluno
28th of April 2006 (Fri), 17:21
OK
I've got some contracts. I've tweaked it slightly formatting wise, got rid of the odd text and changed the currency to $/£/R/E instead of R

Obviously you'll need to tweak it. For easy viewing, I have it in 3 formats

Anyway...thank me with L's!
not really...(well...if you can afford it :D)

Leo

poolstok
8th of May 2006 (Mon), 06:35
=c) Should I start charging for my contract? ;)

Later

Johan

tibet2004uk
15th of May 2006 (Mon), 12:45
Wicked!!! Exactly what I needed!! I saved the Word format! Thx you guys, this rocks big time! :)

Tixeon
15th of May 2006 (Mon), 19:55
I'd change the word "Deposit" to "Retainer". Here in the USA when confronted with a cancellation a "deposit" is usually and legally required to be refunded, whereas a "Retainer" is not.

cheers

poolstok
16th of May 2006 (Tue), 01:40
That is quite interesting Chigger. I wonder iof that will be the case in SA as well.

Maybe I need to change it as well.

Later

Johan

pristic
16th of May 2006 (Tue), 04:49
Each company can do what they want regarding their contract however personally I disagree with a few things in this one.
1. 50% of the package is the deposit/retainer and they get nothing back if they cancel? Thats not right in my book... put yourself in their shoes. I dont know about US or UK, etc but in Aus if I had that and the couple challenged it in court they would probably win. Depending how far in advance they cancelled. Also, no mention of 'Postponed' ... its different to 'Cancelled' maybe they just postpone their wedding then that clause if mute isnt it?
For example, the contract I had once said something along the lines of: If I secure another wedding on the same date as the couple, I will refund them their deposit... otherwise I do not. If they postpone its no problem either... I keep it until the new date.
Would you really keep their 50% if mother of the bride died and they cancelled??

2. It really sounds like this is a couple having a photo shoot (commercial) and not a photographer shooting at a Wedding. While I love to protect my interests I am still at their wedding... Honestly if you presented me with this contract, no matter how good you were I would tell you where to 'INSERT THIS CONTRACT' .. I dont mean any offense by the way. Maybe you are prone to lawsuits in the US more than here...

Finally, to pastimage <- Watch your tongue. Dont call people morons because you dont know the deal.
If a couple orders 3 sets of all the pics (one set for each parent and one for themselves) I THROW in the negs... Ive made my $$ and they usually still come back to get reprints and refer more work.
You are right that no one should SELL copyright (total) in the contract here he has not sold copyright...
There are a bunch of things you can do regarding copyright ...

Peter.

PS: Again, I dont mean to offend, i am simply stating my opinion... everyone should use the contract above as a guide...

poolstok
16th of May 2006 (Tue), 05:01
Hi Pristic.

You do have some good points. I usually explain to my clients that these are just legalities, and that I am more humane than this. Nut, maybe one should look ar rounding off the sharp edges.

If somebody cancelled, and I have not had to show away another wedding, thus losing income, I will most probably refund about 50 - 80% of the wedding. Keep n mind that I have already had expenditures (travelling and phone) to organise what needed to be for the cancelled wedding.


No offence taken!

Later

Johan

danedel
16th of May 2006 (Tue), 16:48
I agree with that, site survey if you have never shot the venu before

Hi Pristic.

You do have some good points. I usually explain to my clients that these are just legalities, and that I am more humane than this. Nut, maybe one should look ar rounding off the sharp edges.

If somebody cancelled, and I have not had to show away another wedding, thus losing income, I will most probably refund about 50 - 80% of the wedding. Keep n mind that I have already had expenditures (travelling and phone) to organise what needed to be for the cancelled wedding.


No offence taken!

Later

Johan

amezcua
28th of November 2009 (Sat), 10:40
OK
I've got some contracts. I've tweaked it slightly formatting wise, got rid of the odd text and changed the currency to $/£/R/E instead of R

Obviously you'll need to tweak it. For easy viewing, I have it in 3 formats

http://leo.rampen.ca/random/wedding/weddingcontract.pdf - PDF
http://leo.rampen.ca/random/wedding/weddingcontract.odt - Open Document (use if you have openoffice)
http://leo.rampen.ca/random/wedding/weddingcontract.doc - MSWord document

Anyway...thank me with L's!
not really...(well...if you can afford it :D)

Leo
Hi,

I jumping in on this thread, I saw that LEO had links to some wedding contracts (which they all may be the same contract just different document format) but the links are no longer valid just wondering if these could be updated?

relatively_mike
28th of November 2009 (Sat), 11:52
This thread is rated 5 stars!!!!

tim
28th of November 2009 (Sat), 17:19
http://www.photographerstoolkit.com/contracts

zincozinco
29th of November 2009 (Sun), 11:43
http://www.photographerstoolkit.com/contracts

thought the idea of the forum was to help each other out, not get someone through lawschool... :)

maybe original poster could put them back up....

tim
29th of November 2009 (Sun), 15:42
thought the idea of the forum was to help each other out, not get someone through lawschool... :)

maybe original poster could put them back up....

If you want a professionally written contract for very little money that contract's a very good idea. It's written by an experienced lawyer/photographer and is pretty close to bullet proof.

Or you can use a contract you scrounged from somewhere, which may have loopholes, and wasn't written by a lawyer. Your call.

sapearl
1st of December 2009 (Tue), 19:59
Hi Johan - just found this post. First of all, thank you for putting the time and effort into sharing this document. There is a lot of good material here as well as tips for the photographer wanting adequate protection while providing solid service. I agree it would make a very good sticky.

My only criticism is regarding "other photographers" at the event. This is something that gets discussed here now and then, sometimes with a lot of excitement. I am not saying that you should not have this clause, but it's "enforcement" may a bit cumbersome, and the new person starting out should be aware of the reality.

I certainly don't like other people interferring with my work. It make it very clear when I am working, and make it a point to take up a lot of space around me with great enthusiasm to discourage folks from getting in my way. In the interest of being nice, kind and friendly to guests - smiling guests happy with the photog make better pictures - I don't mind the odd shot when I am done, so long as it in no way slows me up. But the way it's worded here, it almost makes it look like guests have hardly any opportunity at all to take pictures.

Again, I'm not trying to be a cranky old fart. This is good solid stuff you've contributed to the forum, and in no way do I want to detract from that generous effort. - Stu

andrersa
4th of December 2009 (Fri), 03:35
Hi Poolstok,

I think you covered most of the requirements. I would add another item for the customer to fill in on the form. What attire the photographer is required to wear the day of the wedding. I have seen another photographer rock up with shorts and sandles at a very formal wedding...

Jy moet onthou on pryse te verhoog - Nommer 27 Reprint Orders.

Groete/Regards,
Andre

neil_r
4th of December 2009 (Fri), 03:43
Number of Guests rather than Amount of Guests would be more correct.

biggpopa
19th of January 2010 (Tue), 00:09
http://www.photographerstoolkit.com/contracts


Would these work in Canada?

sapearl
19th of January 2010 (Tue), 05:46
That depends - different states/countries have different tax laws/codes and requirements for legally running a business. You'll have to investigate those and see how they apply to your own personal situation.

I know in Ohio I can download the necessary forms from our Business Gateway. It takes a few minutes to fill out, and I believe the filing fee is $50. When in doubt, consult with an accountant or a CPA to make sure you haven't filed incorrectly.


Would these work in Canada?

tim
20th of January 2010 (Wed), 05:50
Would these work in Canada?

You'd have to ask a lawyer. I use a contract written by my local professional organisation, which i'm a member of, but they make it available to anyone.

LuckyStar08
20th of January 2010 (Wed), 06:28
Thank you for all the time & thought you put into this.

mmahoney
20th of January 2010 (Wed), 14:57
:-) Thought that looked familiar, it's the SKC Photography contract which many use as their base and modify it to suit themselves or their location. It's a good start.

Vadim Pavlovich
25th of March 2010 (Thu), 12:19
Thank you very much, it's great contract!

dotdotdotgirl
16th of October 2010 (Sat), 07:34
Hi ... I used this template for a wedding I did.

I just realized that - correct me if I'm wrong - I'd need both the bride and groom's signature, not just the one responsible paying right?

If not for any other reason, then at least for the model release?

I've only got the bride's signature as she was responsible for handing me the money...

How would I go about getting the groom to sign for the model release? Do I just get him to sign the original contract and date beside it???

sapearl
16th of October 2010 (Sat), 12:53
I've never gotten REQUIRED both sigatures although some have provided them - perhaps it would make it more "bullet proof" if you did, but I've always just gotten one sig which in most cases has been the bride. If the couple is young parents were paying, they were usually the ones who signed. This has never caused me any difficulties - just so long as somebody provides a legal signature.

Red Tie Photography
16th of October 2010 (Sat), 13:15
I use a contract similar to this, refined to fit my needs.

Its SUPER long though, about 7 pages. Does everyone else use such a long contract? Ive seen some that are only 2 pages, but they leave out so much.

sapearl
16th of October 2010 (Sat), 13:38
I use a contract similar to this, refined to fit my needs.

Its SUPER long though, about 7 pages. Does everyone else use such a long contract? Ive seen some that are only 2 pages, but they leave out so much.


Red, if that 7-page contract works for you just fine then I have no place in criticizing it.

But personally, as a potential client I would be frightened off by such a long and tedious document, or not want to be bothered with filling it out. My contract is easy to read, covers all the bases and fits the front and back of a single sheet of paper. It has worked very well over 30+ years and has enjoyed several enhancements over that time.

The front of the sheet has all the legal terminology, liability, and responsibilities. The back is filled out by the client with all the address/contact info, and additional info relative to what they require the day of the wedding.

tim
16th of October 2010 (Sat), 15:27
I have the bride, groom, and the person paying the bill sign. You need B&G to sign for the model release. Sometimes the groom signs when I meet him the week before the wedding, sometimes they're out of town when contracts are signed.

dotdotdotgirl
16th of October 2010 (Sat), 19:04
I've never gotten REQUIRED both sigatures although some have provided them - perhaps it would make it more "bullet proof" if you did, but I've always just gotten one sig which in most cases has been the bride. If the couple is young parents were paying, they were usually the ones who signed. This has never caused me any difficulties - just so long as somebody provides a legal signature.

Would I have to whip out a different model release form for the groom to sign ... or would it be legal and binding for him to signature on the agreement that the bride signed?

tim
16th of October 2010 (Sat), 19:16
My contract is two pages. One page is written by lawyers, and is the standard contract used by wedding photographers in NZ. The other page is written by me, and is terms and conditions. I tell people the legalese page is all standard, and that the main point is around copyright, and just to have a quick read through the terms if they like.

If a photographer gave me a 7 page contract i'd be less inclined to book them.

Red Tie Photography
17th of October 2010 (Sun), 00:35
Thats what Im worried about. I don't like that its seven pages, but I just don't know how to dwindle it down.

tim
17th of October 2010 (Sun), 01:13
Post a copy here, or on PM, pdf or copy and paste. If you PM i'll get to it in a day or two.

PeaceFire
7th of February 2011 (Mon), 12:19
My contract is also two pages. I'm curious to see yours Bryan, to see what's all in there.

Red Tie Photography
7th of February 2011 (Mon), 12:44
My contract is also two pages. I'm curious to see yours Bryan, to see what's all in there.

Well, it was much longer, then I purchased the contract from the Photographers toolkit, and it seems to be pretty well written. Still a little long, but I like it much better.

picard
8th of February 2011 (Tue), 05:05
Well, it was much longer, then I purchased the contract from the Photographers toolkit, and it seems to be pretty well written. Still a little long, but I like it much better.

where can I find this photographer toolkit ?

Red Tie Photography
8th of February 2011 (Tue), 09:12
http://www.photographerstoolkit.com/contracts

Here it is

wizcreations
6th of March 2011 (Sun), 22:34
I had seen this thread a few weeks ago but forgot to bookmark it. In the process of finding it again, I stumbled across another thread that mentioned some form of release for the guests in which, written to some effect or another, the B&G sign the release for themselves to include ALL guests that may be in the background of photos or the main subject of photos. Now I can't find that other thread...

What would be a contract-worthy way to phrase this? Obviously there are going to be guests in the background of many photos and the formal shots will have the bridal party. When using the photos for editorial, trade, advertising, etc (in the model release section of contract), how could I say that the B&G grant permission?

tim
7th of March 2011 (Mon), 02:44
No point, a B&G can't give away rights they don't have.

jcolman
7th of March 2011 (Mon), 08:17
Personally I think this contract is too restrictive and un-nessarily wordy. If I were a client faced with this contract, I'd have second thoughts.

zerovision
7th of March 2011 (Mon), 08:26
I my client had second thoughts based on this contract, I would have second thoughts about doing their wedding.

jcolman
7th of March 2011 (Mon), 08:30
I my client had second thoughts based on this contract, I would have second thoughts about doing their wedding.

So if a client says "I don't think we can give you 60 minutes after the wedding for formal pictures. I would also like to know will you take a check?" You would respond with "sorry, it's stated in the contract that no checks are accepted and I need a minimum of 60 minutes for formal photos. Perhaps you should find another photographer".

Give me a break.

zerovision
7th of March 2011 (Mon), 10:33
this contract was posted as a reference to try and cover things that some photographers may not have in a contract they put together or something they simply did not think of. If I had a potential customer that came to me and said this contract is "too restrictive and un-necessarily wordy" and would be concerned that this customer is already not happy with what they are wanting. Now if the same customer came to me and said can we see about reducing the time for the formals as listed on the contract, as a reasonable and prudent person I am going to work with the customer and see what can be done. The second post was more specific to parts of the contract that are more negotiable than the first post being critical of something that someone took their time to compile and post to help us put together a contract that would protect both the photographer and the client.

jcolman
7th of March 2011 (Mon), 11:15
this contract was posted as a reference to try and cover things that some photographers may not have in a contract they put together or something they simply did not think of. If I had a potential customer that came to me and said this contract is "too restrictive and un-necessarily wordy" and would be concerned that this customer is already not happy with what they are wanting. Now if the same customer came to me and said can we see about reducing the time for the formals as listed on the contract, as a reasonable and prudent person I am going to work with the customer and see what can be done. The second post was more specific to parts of the contract that are more negotiable than the first post being critical of something that someone took their time to compile and post to help us put together a contract that would protect both the photographer and the client.


My whole point is that you don't want to scare a potential client away with a contract that is too wordy and restrictive. You want to protect yourself, but you also need to see it from the clients point of view.

I can appreciate that the original poster took time to post up this contract, however I would caution anyone from blindly copying it and using it as it's written.

sapearl
7th of March 2011 (Mon), 13:04
My whole point is that you don't want to scare a potential client away with a contract that is too wordy and restrictive. You want to protect yourself, but you also need to see it from the clients point of view.

I can appreciate that the original poster took time to post up this contract, however I would caution anyone from blindly copying it and using it as it's written.

Well stated - as a photographer you certainly need appropriate protection, both legal and practical, but you don't want to come off as being difficult to do business with.

It has to be a balance between the vendor and customer. Perception is a large part of the shopping process, and potential clients will very quickly jump to the next website for any number of reasons.

zerovision
7th of March 2011 (Mon), 15:47
My whole point is that you don't want to scare a potential client away with a contract that is too wordy and restrictive. You want to protect yourself, but you also need to see it from the clients point of view.

I can appreciate that the original poster took time to post up this contract, however I would caution anyone from blindly copying it and using it as it's written.


I appreciate what you are saying and I agree 100% that no one should blind copy and use it as written. I quess I just didn't see that point is the first post. I would not put this contract or any contract up on my website for a potential client to view before I can talked to them first, then they would get a revised contract when they indicated they wanted to hire me. None of the contracts that clients have signed have been the same.

I too would not recommend submitting this contract to anyone without first reading and understanding every line, but it is a good starting point.

Red Tie Photography
7th of March 2011 (Mon), 15:50
I started with a contract very much like this (I found it on the forum, it may even be this same one) and tweaked it and tweaked it and tweaked it until it was more of what I was looking for. The contract I used was 7 pages long, and just too long for me. After i got it to where i felt decent about it, I bought one from photographers toolkit. It is a fine contract, but I needed to tweak it too.

All that being said, it is probably better to blind copy a contract like this than go in without one. As long as you are prepared that some of this may not work in court, it at least gets you and the client talking about some ground rules.

wizcreations
7th of March 2011 (Mon), 17:33
No point, a B&G can't give away rights they don't have.
That's what I thought. Now I wish I could find the other thread and tell the O.P., maybe save him some potential legal problems.

Gomar
12th of March 2011 (Sat), 11:56
"It is agreed that “YOUR COMPANY NAME HERE” may display and use the photographs taken for advertising, display, website and internet promotion"

Thus the photog has the right to use any persons in any photos taken at any place during the wedding? I mean if the B&G agree to it, do their siblings, parents, grandparents, uncles, aunts, cousins, friends also have to sign the contract? Or does the contract cover the entire population present at the hall even though only 2 people signed it?
What if you use a family or group shot with say 25 people in it. Now unlce Moe and Aunt Matilda see the shot in a wedding mag or spot on TV, and decide they dont want their image used. Do you remove it as they signed nothing, or claim the B&G signed a contract giving you permission to use anyone's image?

wizcreations
13th of March 2011 (Sun), 20:30
^^I'm interested to see the response to your question, though I foresee it being similar to the answer I received.

sctbiggs
15th of March 2011 (Tue), 12:57
I didnt' read all that... i started to and then scrolled down to see how long it was and started to notice the number of inclusions rising so there went that idea.

90 minute window... really? you need this in a contract?
reprint order prices... another really?

just a quick glance through it and it seems to contain to much fluff.