HElp me show client why contracts are important.

I need ideas or suggestions to show and explain to clients why they and I should be using contracts.

I am at the point where I am getting referals from friends and strangers are asking me to take photographs and I've read enough here to know I NEED to use a contract. However, no matter how good the conversation is going, once I bring up a contract, the conversation is over. I've had reactions go from "Come on we are both friends with so and so, I am not going to rip you off" to a guy who said "I don't use f'ing contracts in my business, I am certainly not going to f'ing sign one for some stupid pictures". One lady even hung up on me when I told her she could give me a deposit when I brought over the contract to sign.

I don't think I am doing anything wrong. People seem to have no issues until the contract comes up and I have never experienced anything like this with contracts in other businesses.

Subscribing to see what others with more knowledge than me have to say but dare I suggest if that is the sort of responses you are getting that you are aiming for the 'wrong' sort of customers

without contract I'd not even get in the car, has nothing to do with fear of getting screwed over, just smart business sense. The the f-bomb guy could go and ... well, you get the idea.

A contract is for both sides, who knows what might come up, from you breaking a finger to them not wanting to pay for photos they don't like.

No contract, no deal IMO. And personally I'd also not do business with friends and family, there are enough people in the world that don't fall into that category. A customer that refuses to sign a contract is not worth talking to and sounds like a future problem to me. What's in the back of their head that makes them not want to sign?

I don't know what you are doing wrong, or indeed if you are doing anything wrong. Can't speak to that. However I can tell you this that every once in a while I do something for free for a local charity or my church and even for that I require a contract.

The one suggestion I'd make is you mentally to commit to the idea that if there is no contract there is no work. And if they won't sign a contract then they were not the customer for you.

Without a contract they are not clients...

If this is happening on a regular basis then there most likely is something you are doing yourself that is causing it. Either in how you communicate or in the clients your advertising/prices etc are attracting. Can you detail your communication with the potential clients from start to finish?

The moment someone indicates they want to make a booking I explain in order to book "I require a deposit and signed copy of the contract" "bookings are not confirmed until both have been received".

My contracts include model releases, license agreements and details of the deliverables. I won't lift a finger until they are in order.

1000WordsPhotography wrote in post #16870877
The one suggestion I'd make is you mentally to commit to the idea that if there is no contract there is no work. And if they won't sign a contract then they were not the customer for you.

This is not my means of making a living. Its my hobby and a way of making a few extra bucks if it comes along. I have absolutely no issues with saying no if they refuse to sign a contract. I may not do this for a living but that doesn't mean I am not going to conduct myself like a professional.

memoriesoftomorrow wrote in post #16870935
Can you detail your communication with the potential clients from start to finish?

They usually text or email that so and so sent them my way and I will call them back. They tell me what they are looking for and they ask their questions, I let them know if that's doable or not and then I give them a price and tell them that 50% is required at the signing of the contract and the other 50% is due 24hrs before the shoot. I never just drop a contract at the end. I always make mention of it throughout, answering their questions and saying things such as "that is actually covered in the contract I will go over with you". I will usually then ask where and when is a good time to come collect the deposit and sign the contract. That's when it goes downhill.

It seems that mentioning the contract is ok, its when it comes down to actually signing it, then I run into issues. I've done this many times before in other businesses and I am very comfortable talking to people so I don't think I am doing anything wrong in that sense.

Maybe these are not the right clients. I am not advertising, they are strictly people being referred to me.

Thanks for all your responses. There are many pros here that I have learned much from.

It sounds more like to me given what you are saying that when you ask where and when is a good time to come collect the deposit and sign the contract your problems arise. My best guess would be that they aren't actually committed to the purchase at this point and in some way are finding what you are saying pushy. What you are then getting at that point sound like objections to end the conversation. It seems your sales process is the real issue here.

memoriesoftomorrow wrote in post #16871299
It sounds more like to me given what you are saying that when you ask where and when is a good time to come collect the deposit and sign the contract your problems arise. My best guess would be that they aren't actually committed to the purchase at this point and in some way are finding what you are saying pushy. What you are then getting at that point sound like objections to end the conversation. It seems your sales process is the real issue here.

Sorry, I should have put this is after they have agreed to price, date, locations, etc. They will ask if its ok if they pay the day of or after the photos have been delivered. This is where I will remind them of the 50% deposit and the contract needing to be signed with me asking when and where works.

I try hard to not be pushy especially since I don't need to do the shoot. Perhaps you are correct though and I will make an effort to not come across as pushy.

Thanks for your response.

the flying moose wrote in post #16871227
Maybe these are not the right clients.

I tend to agree, & you're better off without the headaches you might get from them.

Weird, I never have issues with contracts. Maybe it's the way you are presenting them? Many of my clients seems to appreciate the level of professionalism. The contract is pretty basic, outlines when the shoot is, how much it is and what # of pictures they can expect after the shoot.

I also tell them that w/out the contract and the clause that they can print them where they choose...most labs will refuse to print them.

I'd start by selling it that way. "Big labs are quite wary of printing professional looking pictures today w/out a signed agreement outlining your right to reproduce the images...I'll need you to sign here so that you are able to get your pictures printed".

(BTW, I don't print client images. I only take the pictures and provide edited images. I do offer prints, but I'm not really able to compete for paper prints. I do have good pricing on canvas and metal prints though.)

For casual business under $500, I would actual say a deposit is more important than a contract. I always tell potential clients that a 50% deposit is required to hold a date. For other uses, calling your terms an invoice or receipt-even if they sign to confirm receipt of the goods- could be less of a problem for your clientele. Talk to a local lawyer about a proposal/invoice form that includes your terms and how to best use it.

I would guess they thought you would work for free, or near nothing.

They don't have the nerve to say so then panic when they might have to legally agree to a fee.

If there was no contract to bind them they would try to talk you down later after you did the job or just never pay.

Could be something as simple as the choice of words. Try this: When you talk to or email them, tell them you will get everything down in writing to make sure you both agree on what is going to be done and the terms, and that you will send that to them to review. Send the agreement in an email with a note "Please review and make sure I didn't miss anything. I just need your signature and first payment to get started." Give them some time to mull it over and then call and make an appointment to finalize things.

You may also want to change the format of your agreements. My attorney uses a letter of engagement to start a new project and that references a separate document of terms under which the engagement is to be done.

I do not use the word contract with my clients, I send them my "Agreement" to review and sign.

the flying moose wrote in post #16870804
I need ideas or suggestions to show and explain to clients why they and I should be using contracts.

I am at the point where I am getting referals from friends and strangers are asking me to take photographs and I've read enough here to know I NEED to use a contract. However, no matter how good the conversation is going, once I bring up a contract, the conversation is over. I've had reactions go from "Come on we are both friends with so and so, I am not going to rip you off" to a guy who said "I don't use f'ing contracts in my business, I am certainly not going to f'ing sign one for some stupid pictures". One lady even hung up on me when I told her she could give me a deposit when I brought over the contract to sign.

I don't think I am doing anything wrong. People seem to have no issues until the contract comes up and I have never experienced anything like this with contracts in other businesses.

Very very interesting. What kind of people are these clients? Never had anyone give me any kind of response even close to that.