Contract -vs- Agreement?

[MomTo2]

what is the difference between a potrait contract and a portrait agreement?
I'm thinking of changing the title of my portrait contract to portrait agreement just so it doesn't sound so menacing.

Any thoughts?

[Peacefield]

They are essentially the same thing. To such an extent that my wedding contract starts with a definitions paragraph and the first definition is Agreement.

[RDKirk]

what is the difference between a potrait contract and a portrait agreement?
I'm thinking of changing the title of my portrait contract to portrait agreement just so it doesn't sound so menacing.

Any thoughts?

A contract is an agreement that is enforceable by law. In order to be enforceable by law, most states require certain characteristics in contracts. For instance, in most (if not all) states of the US, a "contract" requires a stated quid pro quo--specified performance from both parties, a specified, "I give you this because you're giving me that."

I personally don't do "contracts" for portrait sessions (a lot of portrait photographers I know also don't), I do non-binding agreements, but I certainly would do a binding contract for a wedding.

[MomTo2]

I personally don't do "contracts" for portrait sessions (a lot of portrait photographers I know also don't), I do non-binding agreements, but I certainly would do a binding contract for a wedding.

What do you do then if someone tries to scan your portraits, or enter them into a contest?

[RDKirk]

What do you do then if someone tries to scan your portraits, or enter them into a contest?

I make them knowledgeable of my copyright--that has nothing to do with a contractual agreement. They don't have to sign or promise anything in order for me to enforce my copyright, should I choose to do so.