Approve the Cookies
This website uses cookies to improve your user experience. By using this site, you agree to our use of cookies and our Privacy Policy.
OK
Forums  •   • New posts  •   • RTAT  •   • 'Best of'  •   • Gallery  •   • Gear
Guest
Forums  •   • New posts  •   • RTAT  •   • 'Best of'  •   • Gallery  •   • Gear
Register to forums    Log in

 
FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 21 Feb 2014 (Friday) 08:49
Search threadPrev/next
sponsored links (only for non-logged)

Can contracts/agreements be signed and valid for a period of time?

 
aparis99
Senior Member
Avatar
278 posts
Gallery: 7 photos
Likes: 63
Joined Nov 2006
Location: KY
     
Feb 21, 2014 08:49 |  #1

So I'm curious what my options are... I do have an agreement, and currently have it with the Client name, address of shoot, date/time, and price at the top. Just something stating they cannot sell the images, and that I'm the copyright owner, returned check fee, overdue payment fees etc...

I'm wondering if I can just have a client name and remove other fields, and have 1 signed contract good for a calendar year or something.

My issue is, with some of my usual clients, I rarely see them in person for a shoot. I usually just get a call, so having something signed each shoot seems a little crazy.

What are my options?


My Site - www.apimagery.com (external link)
Canon R5 (x2), Canon RF 15-35 f/2.8L IS, Canon RF 24-70 f/2.8L, Canon RF 70-200 f/2.8L, Canon RF 100-500L, Sigma Art 35 f/1.4, Canon 85 f/1.8, Canon 100 f/2.8L Macro

  
  LOG IN TO REPLY
AlFooteIII
Senior Member
449 posts
Gallery: 2 photos
Likes: 41
Joined Jul 2013
Location: New York City
     
Feb 21, 2014 08:57 |  #2

An inked signature is no longer a legal requirement to show an agreement has been formalized. You could have them send a signed pdf and signing can be just them typing their name onto the pdf.


Specializing in Theatrical Photography. See my work at:
www.alfoote3photograph​y.com/ (external link)
www.facebook.com/alfoo​te3photography (external link)

  
  LOG IN TO REPLY
archer1960
Goldmember
Avatar
4,932 posts
Gallery: 6 photos
Likes: 82
Joined Jul 2010
     
Feb 21, 2014 11:23 |  #3

aparis99 wrote in post #16706247 (external link)
So I'm curious what my options are... I do have an agreement, and currently have it with the Client name, address of shoot, date/time, and price at the top. Just something stating they cannot sell the images, and that I'm the copyright owner, returned check fee, overdue payment fees etc...

I'm wondering if I can just have a client name and remove other fields, and have 1 signed contract good for a calendar year or something.

My issue is, with some of my usual clients, I rarely see them in person for a shoot. I usually just get a call, so having something signed each shoot seems a little crazy.

What are my options?

I would think a "standing" agreement would be fine, which specifies the various terms, but doesn't list the specific job. Then work with just e-mail, fax or whatever so that you have something in writing that says the new job will use your standing agreement terms. If they are frequent repeat customers, it probably wouldn't matter anyway if you both trust each other to do the right thing.


Gripped 7D, gripped, full-spectrum modfied T1i (500D), SX50HS, A2E film body, Tamzooka (150-600), Tamron 90mm/2.8 VC (ver 2), Tamron 18-270 VC, Canon FD 100 f/4.0 macro, Canon 24-105 f/4L,Canon EF 200 f/2.8LII, Canon 85 f/1.8, Tamron Adaptall 2 90mmf/2.5 Macro, Tokina 11-16, Canon EX-430 flash, Vivitar DF-383 flash, Astro-Tech AT6RC and Celestron NexStar 102 GT telescopes, various other semi-crappy manual lenses and stuff.

  
  LOG IN TO REPLY
JacobPhoto
Goldmember
1,434 posts
Likes: 39
Joined Jun 2005
Location: La Verne, Cali
     
Feb 21, 2014 12:55 |  #4

there should definitely be a start date or effective date, but beyond that, the contract is usually good until opted out by either party in writing (typically with a required notice period - 48 hours or 7 days).


~ Canon 7d / 5D ~ Novatron strobe setup + Vagabond
~ Some L glass, some flashes, the usual

  
  LOG IN TO REPLY
tickerguy
Senior Member
595 posts
Joined Dec 2012
     
Feb 21, 2014 14:15 |  #5

Generally-speaking in the US any contract with a contemplated period of performance over one year must be in writing (Statute of Frauds); beyond that it's simply a good idea. It's easiest to stipulate a reasonable term unless canceled or modified by a later written agreement.


Canon 7D & 5d3, EF-S 15-85, 24-105L, 70-200L f/4 IS, 100mm Macro/L, EF 50 f/1.4 and more

  
  LOG IN TO REPLY
Fernando
Goldmember
Avatar
1,628 posts
Likes: 6
Joined Jan 2007
Location: Round Rock, TX
     
Feb 21, 2014 15:52 |  #6

aparis99 wrote in post #16706247 (external link)
So I'm curious what my options are... I do have an agreement, and currently have it with the Client name, address of shoot, date/time, and price at the top. Just something stating they cannot sell the images, and that I'm the copyright owner, returned check fee, overdue payment fees etc...

I'm wondering if I can just have a client name and remove other fields, and have 1 signed contract good for a calendar year or something.

My issue is, with some of my usual clients, I rarely see them in person for a shoot. I usually just get a call, so having something signed each shoot seems a little crazy.

What are my options?

Hmmm,

Depending on what you shoot and your business model it's possible you might be in the perfect scenario to go to a Purchase Order or Blanket Purchase Order model.

Instead of outlining your T's&C's in each document you work in the land of RFQ, Quote, PO, SOA. You attach your T's and C's to your Quote, including language indicating that upon receipt of a PO your Terms govern unless there is a separate written, SIGNED agreement. When a customer (specifically a repeat customer) needs something they submit a PO with the pertinent information. You reply with your SOA and fulfill. When you received the PO is when you indicate whether or not you're available. If you don't send an SOA, you never agreed and there's nothing binding.

This model falls apart in many scenarios, but if you're working commercial or anything else that's transactional with standard terms, it can work. Your major commercial customer often tend to prefer to work this way...except for the part where you indicate your payment terms are Net 30. Good luck with that one.

Obviously this doesn't work for some types of photography (weddings, portraits) as the customer won't have the foggiest idea what you're talking about. :)


Fuji convert - Ping me if you have any Fuji gear or legacy glass you're moving.

  
  LOG IN TO REPLY
archer1960
Goldmember
Avatar
4,932 posts
Gallery: 6 photos
Likes: 82
Joined Jul 2010
     
Feb 21, 2014 16:35 |  #7

Fernando wrote in post #16707239 (external link)
Hmmm,

Depending on what you shoot and your business model it's possible you might be in the perfect scenario to go to a Purchase Order or Blanket Purchase Order model.

Instead of outlining your T's&C's in each document you work in the land of RFQ, Quote, PO, SOA. You attach your T's and C's to your Quote, including language indicating that upon receipt of a PO your Terms govern unless there is a separate written, SIGNED agreement. When a customer (specifically a repeat customer) needs something they submit a PO with the pertinent information. You reply with your SOA and fulfill. When you received the PO is when you indicate whether or not you're available. If you don't send an SOA, you never agreed and there's nothing binding.

This model falls apart in many scenarios, but if you're working commercial or anything else that's transactional with standard terms, it can work. Your major commercial customer often tend to prefer to work this way...except for the part where you indicate your payment terms are Net 30. Good luck with that one.

Obviously this doesn't work for some types of photography (weddings, portraits) as the customer won't have the foggiest idea what you're talking about. :)

Good point; P.O. may be the way to go with regular customers.


Gripped 7D, gripped, full-spectrum modfied T1i (500D), SX50HS, A2E film body, Tamzooka (150-600), Tamron 90mm/2.8 VC (ver 2), Tamron 18-270 VC, Canon FD 100 f/4.0 macro, Canon 24-105 f/4L,Canon EF 200 f/2.8LII, Canon 85 f/1.8, Tamron Adaptall 2 90mmf/2.5 Macro, Tokina 11-16, Canon EX-430 flash, Vivitar DF-383 flash, Astro-Tech AT6RC and Celestron NexStar 102 GT telescopes, various other semi-crappy manual lenses and stuff.

  
  LOG IN TO REPLY
sponsored links (only for non-logged)

921 views & 0 likes for this thread, 6 members have posted to it.
Can contracts/agreements be signed and valid for a period of time?
FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
AAA
x 1600
y 1600

Jump to forum...   •  Rules   •  Forums   •  New posts   •  RTAT   •  'Best of'   •  Gallery   •  Gear   •  Reviews   •  Member list   •  Polls   •  Image rules   •  Search   •  Password reset   •  Home

Not a member yet?
Register to forums
Registered members may log in to forums and access all the features: full search, image upload, follow forums, own gear list and ratings, likes, more forums, private messaging, thread follow, notifications, own gallery, all settings, view hosted photos, own reviews, see more and do more... and all is free. Don't be a stranger - register now and start posting!


COOKIES DISCLAIMER: This website uses cookies to improve your user experience. By using this site, you agree to our use of cookies and to our privacy policy.
Privacy policy and cookie usage info.


POWERED BY AMASS forum software 2.58forum software
version 2.58 /
code and design
by Pekka Saarinen ©
for photography-on-the.net

Latest registered member is ealarcon
847 guests, 142 members online
Simultaneous users record so far is 15,144, that happened on Nov 22, 2018

Photography-on-the.net Digital Photography Forums is the website for photographers and all who love great photos, camera and post processing techniques, gear talk, discussion and sharing. Professionals, hobbyists, newbies and those who don't even own a camera -- all are welcome regardless of skill, favourite brand, gear, gender or age. Registering and usage is free.