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Thread started 27 Feb 2006 (Monday) 19:37
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Wedding Contract...What do you think?

 
Dan ­ Marchant
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Dec 12, 2014 21:28 |  #106

pyterps wrote in post #17329060 (external link)
I really appreciate you comments and detailed explanation for each point. My whole intent for this thread was to get a template out so other photogs could build upon it for themselves.

I understand that Dave. I am just pointing out to people that they really do need to build upon it (or rather get a qualified lawyer to do so) before they rely on it to protect their business.

the flying moose wrote in post #17327653 (external link)
Do you have a fair contract sample you'd be willing to share?

Sorry Moose, I'm not a wedding photographer so I don't have examples that would make sense in this context. I can only offer advise on how business contracts need to be structured but not offer specific content for wedding contracts.


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texkam
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Dec 13, 2014 01:35 |  #107

Another Thank You!




  
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the ­ flying ­ moose
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Dec 13, 2014 15:43 |  #108

Dan Marchant wrote in post #17329266 (external link)
Sorry Moose, I'm not a wedding photographer so I don't have examples that would make sense in this context. I can only offer advise on how business contracts need to be structured but not offer specific content for wedding contracts.

That's understandable. Just thought I'd ask as I live in a small town that doesn't have access to lawyers who deal with specific aspects of the law. I have no desire to travel 8 hours to the nearest contract lawyer and the lawyer I spoke with in town seemed more interested in chasing ambulances than actually listening to what I had to say.




  
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Dan ­ Marchant
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Dec 14, 2014 03:20 |  #109

Obviously the following isn't legal advise, just examples from contracts I have worked on over the years. I have no way of knowing if these clauses are valid where you live/work (though they have appeared in pretty much every international contract I have worked on. As always consult a local lawyer.

Here is a section to go at the start of your contract, in order to define the parties and the start date of the contract. This will address the first point I made in my post above about identifying the parties to the agreement. If you are an individual "trading as" then adjust the part about company registered number etc.

THIS AGREEMENT is made on the [day] day of [month] [year] (the "Effective Date").

BETWEEN

(1) [name of Photographer/Company] a company registered in [Insert country/state of registration] under registered number [Insert registration number] whose principal place of business is at [Insert full address of principal trading location] (the "Photographer"); and

(2) [name of client] a of [Insert full address of client] (the "Client").

This is a jurisdiction clause but please note it is from a UK contract so it mentions the Contracts (Rights of Third Parties) Act 1999. If you aren't in the UK you will need to delete that and obviously change the law that will govern the agreement and the courts that have jurisdiction.

11.10 Law, Jurisdiction and Third Party Rights. This Agreement shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts. No term of this Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

and a severability clause....

11.8 Severability. If any provision of this Agreement is held to be invalid or unenforceable, in whole or in part, that provision or part shall to that extent be deemed not to form part of this Agreement. However, the validity and enforceability of the remainder of this Agreement shall not be affected.

As mentioned by a previous poster please note that it is not described as a contract between two parties but an Agreement between two parties. Not being a lawyer I have no idea why that is, I just know that every contract I worked on over the last 20 years was worded that way.


Dan Marchant
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pyterps
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Oct 08, 2019 20:04 |  #110

Can't believe this is 13 years old and how long I have been on this site.



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Wedding Contract...What do you think?
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