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Old 19th of October 2008 (Sun)   #1
photography by trish
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Default Should I make this deal?

I have this opportunity to shoot an entire elementary school if I use this certain middle man, who (this shouldn't matter much) happens to be my uncle. I can't really say much about the details with the possible deal with the school, but what I can say is that the "middle man" wants 25% of the profit. He is building a marketing business and trying to use my services to do so, while giving me gigs.


Is that a fair rate for me as the photographer, considering I'm doing about 95% of the work?

I didn't think that I could have gotten that gig as quickly as he did BUT, I'm also doing a lot more than I've been used to, like: a whole school's photos, touchups on a lot of pictures, organizing orders or whatever I haven't even thought about yet. So it's gonna seem like a heavy load to me (at least for one person). I have a full day of responsibilities and this is on the side.

What would you do and why?

Thanks in advance.
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Old 19th of October 2008 (Sun)   #2
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Default Re: Should I make this deal?

Have you offered him a different percentage? If you feel 25% is too high because you'll be doing the work, offer him 15 - or whatever you want. Plus, does he want 25% of the profit or of total revenue? By profit, what do you mean? It seems you and your uncle need to talk further.

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Old 19th of October 2008 (Sun)   #3
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Default Re: Should I make this deal?

Working with family has never worked out well for me.
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Old 19th of October 2008 (Sun)   #4
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Default Re: Should I make this deal?

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Originally Posted by GPR1 View Post
Have you offered him a different percentage? If you feel 25% is too high because you'll be doing the work, offer him 15 - or whatever you want. Plus, does he want 25% of the profit or of total revenue? By profit, what do you mean? It seems you and your uncle need to talk further.

Greg
I have offered him a different rate. 15% and he said since I couldn't get the gig without him, he deserves at least 20%. He wants 20-25% of the total revenue (after expenses) I am going to talk to him more, but I wanted to check around to see what other photographers feel is fair for that type of job. Like I said, I've never done such a big job before.

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Working with family has never worked out well for me.
I agree. I'm actually just considering if this is a worthy gain to break that rule. I haven't really done much business with him.
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Old 19th of October 2008 (Sun)   #5
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Default Re: Should I make this deal?

Maybe your uncle can help you out during the photoshoot. I'm pretty sure you will need an assistant. That way the 25% can be better justified.
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Old 19th of October 2008 (Sun)   #6
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Default Re: Should I make this deal?

Well there are a couple of ways to look at this. First I would try to negotiate down the commission. Second Profit is a tricky word, if you figure in how much you need to get paid and deduct that from the profit (after all salary is an expense) then his share may be smaller than you would think. And lastly, do you need the work? And would you have the other 75% if he didn't get you the job?

Good Luck of course I refuse to do business with family myself.
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Old 19th of October 2008 (Sun)   #7
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Default Re: Should I make this deal?

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Originally Posted by breadandbutter View Post
Maybe your uncle can help you out during the photoshoot. I'm pretty sure you will need an assistant. That way the 25% can be better justified.
good idea.

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And lastly, do you need the work? And would you have the other 75% if he didn't get you the job?

Good Luck of course I refuse to do business with family myself.
I do need the work. I can't say for sure that I believe I couldn't get the job without him, but I do think he got the gig fast! If I got the gig by myself, it might have taken me much longer because I'd have to do some homework on how I'd sell myself, which he's already done.
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Old 19th of October 2008 (Sun)   #8
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Default Re: Should I make this deal?

Basically it sounds like having an agent/manager working for you to land gigs. Usually this is 10-15% and not 25. If he's going to be speaking for you to schools and other places to help land gigs then you need an agreement ahead of time saying how much. Not sure either of you have experience in this but 25% is too high, look around at bands, actors, artists, etc. and you'll see the norm is lower.
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Old 19th of October 2008 (Sun)   #9
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Default Re: Should I make this deal?

Your Uncle is busting your chops and I question his desire to help you get work. I would certainly make him do something to earn the money like help you process and deliver the images. I would also put it in writing and document all expenses which will determine actual profit.
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Old 19th of October 2008 (Sun)   #10
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Default Re: Should I make this deal?

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Originally Posted by MJPhotos24 View Post
If he's going to be speaking for you to schools and other places to help land gigs then you need an agreement ahead of time saying how much. Not sure either of you have experience in this but 25% is too high, look around at bands, actors, artists, etc. and you'll see the norm is lower.
I agree on the agreement/contract part especially. I'm going to put his rate that we negotiate, terms to what expenses are, and terms for the option to do more work to get the full 25%. Did you catch anything I may have missed?

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Your Uncle is busting your chops and I question his desire to help you get work. I would certainly make him do something to earn the money like help you process and deliver the images.
Got any other ideas on how he can contribute to the gig? He knows nothing about photography or editing at all.
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Old 19th of October 2008 (Sun)   #11
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Default Re: Should I make this deal?

You could always stick to your %, or let him know that your not interested....... he may not be so lucky finding anther photographer on his terms.
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Old 19th of October 2008 (Sun)   #12
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Default Re: Should I make this deal?

Collect the materials needed to shoot the job ie. backgrounds, seamless, stool, props.
Help load gear to or from the location.
Sit in front of the computer on set and match names with files. This is especially useful if shooting tethered.
Help with the children get to and from the set.
Make sure the school knows where you are in the process and money is collected.
Help produce the prints or run files to the lab and pick up when finished.
Help package prints and label envelopes for delivery.
Deliver print packages to school.

I'll send you a bill for producing your job.

Last edited by tcphoto1 : 19th of October 2008 (Sun) at 19:42.
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Old 20th of October 2008 (Mon)   #13
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Default Re: Should I make this deal?

IMO 25% is too high .... you should reckon 15 to 20 % however consider this

75 %or 80% of something is worht a whole lot more to you than 100% of nothing

How much time effort and money do most businesses, never mind togs spend in securing any job in the first place ... there really is a value in him getting the contract.

Do the job right and get the gig yourself next year ... use it a s a stepping stone.

And remember .... profit is only what you are lefft with after you have paid all your expenses and wages .... agree an hourly rate and calculate it including your PP time and order expedition .... 20% wont end up being as much as you think.

Forget he's your uncle ... ( he should be doing it for less as a family member) and negotiate with him as you would a business man.

Good luck with the gig
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Old 20th of October 2008 (Mon)   #14
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Default Re: Should I make this deal?

25% isn't bad for a pro rep that brings in work. They have expenses too. But for an uncle?
I'd offer him 10% on this job & 20% for any other work he can bring in.
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Old 20th of October 2008 (Mon)   #15
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Default Re: Should I make this deal?

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Originally Posted by pinup mama View Post
I have offered him a different rate. 15% and he said since I couldn't get the gig without him, he deserves at least 20%.
Is this like saying "You're nothing without me"?

From the sound of this (or maybe my interpretation of it) this is not a business relationship that you want to develop. Honestly it sounds like a personal relationship that I wouldn't want to develop, but it's your family, so mostly you're stuck with them.

As others have advised, make sure you pay -the photogprapher- out of the revenue before your tally your profits. Your agent (er, uncle) may be happy getting paid on a commission-only basis, but you need to make sure that it's worth your time at all. Also you need to make sure this is spelled out in the contract which you will sign with your uncle so that should he decide to pursue a lawsuit he will have little ground to stand on.

Good luck,
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