Photographer Job.. what would you do?

Okay, so I've always been into photography, nothing formal though. I just bought an slr last year and have come a long way with it and my photoshop skills. I have the option to be a photographer at this small business in town called Quality 1 Hour Foto (http://www.spxsports.c​om/) which is almost a $6.00 an hour pay cut from what I'm doing now(technical support and I hate it). The owner is awesome, definiately someone you want to work for. He just sent his other photographer up to the cities for a seminar on maternity and baby posing. I don't knowwwwwww what to do at all. Have any of you worked for a business like this in the past and gained good experience and a potential career from it? If you are interested in any of my work, I JUST started a website, http://www.haggephotog​raphy.com. Thanks for any imput. Oh and it is a 50 mile 3 year non compete agreement involved, which isn't so bad.

your in a job you say you hate and your being offered a job you would love but you dont know what to do because it's a $6 an hr cut.. and your asking anonymous people from all over the world on a messageboard, what to do.

sigh

take the job or spend the rest of your horrible work life regretting it.


HTH

Congrats on the offer. To turn your hobby into your art is high praise.

IMO -- Are these folks going to be around for a while? Are they stable? What kind of contracts do they have to keep you busy? Will you be shooting full time, or will you also have "some retail duties" -- sometimes you wind up stuck behind the counter and not behind the camera. What is their business strategy -- ie, how do they keep the part timers from infiltrating their customer base? Who is the competition?

If you feel okay with all of that, look at the non compete. Three years is a LONG time -- I have never signed a non compete in this industry, but have in several others (banking, consumer electronics) and the longest I have signed is 2 years.

One thing to consider -- A $6 pay cut is about $600 a month. You could do a lot with that money -- send yourself to a seminar (that sounds important to you), invest in marketing yourself, and find jobs on your own. Maybe jobs you would enjoy doing more.

Or maybe not. Just some food for thought. Good luck with the decision!

heathermarie wrote in post #5607369
Okay, so I've always been into photography, nothing formal though. I just bought an slr last year and have come a long way with it and my photoshop skills. I have the option to be a photographer at this small business in town called Quality 1 Hour Foto (http://www.spxsports.c​om/) which is almost a $6.00 an hour pay cut from what I'm doing now(technical support and I hate it). The owner is awesome, definiately someone you want to work for. He just sent his other photographer up to the cities for a seminar on maternity and baby posing. I don't knowwwwwww what to do at all. Have any of you worked for a business like this in the past and gained good experience and a potential career from it? If you are interested in any of my work, I JUST started a website, http://www.haggephotog​raphy.com. Thanks for any imput. Oh and it is a 50 mile 3 year non compete agreement involved, which isn't so bad.

Not a lawyer or anything but from the stories I know these non-compete are heavy to enforce (you got to put food on the table and it seems like that wins the public opinion).

I find it very absurd for this place to require on for such a long period of time (3 years).

I'd personally politely laugh in their face.

Look at it this way.
Everything has a price so if you have sign a 3 year non-compete (assuming it would even hold up in court) then you better be working for Yervant or Annie Liebowitz.

There is absolutely no way I'd sign a 1 day non compete agreement.

I've never heard any other 1 hour places to have anything like that (in my area).

Yeah.. that's one of the things holding me back is this non compete agreement. I plan to move to 25 miles away within a couple years and want to work on starting my own business then. Do you think there is some way I could negotiate with them? Like.. I'll promote your business by getting prints through you? He loves that I like to be creative and is looking to do a second tier in his business by offering more of high quality photographs like things you would get at a normal photography studio. http://www.jennifernac​e.com also offered me a job, but she says her non compete agreeemnt is 100 miles and with no time limit(which doesn't sound legal), but her business where she's at is amazing, just amazing. Check out her page.

I'd take the job!! Good experience and clients, you could build up a good reputation and eventually go on your own and double your salary!!

You will learn more in 6 months working in a studio about running a photography business than any college business course. If you can do it, do it. You will learn more than the pay cut and who knows do a good job and you could be making more in no time.

I once was offered a contract to teach with one of those in it. I drew a line through that clause & asked them to initial it on my copy. They did & said, "Most people who have signed did that."

In VA anyway, an employer cannot enforce the non-compete. Its generally done to scare the employee from working for a competitor. And I think the reason behind that is that no one can tell you that you cannot make a living. If all you know is photography, they cannot stop you from taking a job that you know well.

I would tell them that the non-compete is an issue for you and see what they say. Remember, they want to get you to work for them, so of course they are nice. Put them to the test!

heathermarie wrote in post #5607533
Yeah.. that's one of the things holding me back is this non compete agreement. I plan to move to 25 miles away within a couple years and want to work on starting my own business then. Do you think there is some way I could negotiate with them? Like.. I'll promote your business by getting prints through you? He loves that I like to be creative and is looking to do a second tier in his business by offering more of high quality photographs like things you would get at a normal photography studio. http://www.jennifernac​e.com also offered me a job, but she says her non compete agreeemnt is 100 miles and with no time limit(which doesn't sound legal), but her business where she's at is amazing, just amazing. Check out her page.

I would negotiate and have them take the non compete out.

As far as http://www.jennifernac​e.com/ her work looks good but again the 100 mile thing is a bit too much.
I totally agree with the no time limit thing.

(I'm not a lawyer).

I think all the contracts must have defined terms (such as time) and open ended ones are not legal.

3 years is bad.

1 year, max, and 50 miles where you live is too restrictive, so negotiate perhaps 25 miles in that clause and you're good.

And, FWIW, check which types of photography activity would be restricted, and get it limited to what the employer actually shoots.

I'd have to agree with the majority and say no to that non-compete clause. One year, I could see, but three is wayyyy too long! That is an awful long time to hold off doing ANY of your own paid photography work in your own area. Add to that a paycut - no thanks. I think you would be better served taking some courses or volunteering at a different studio for a few hours a week if you really want studio experience that bad and can't find anyone else looking to pay their help. At least then you will have the opportunity to do some work on your own if/when you want to.

The reason for the non-compete clause is simple...

It's so you don't take the job, learn their business, then strike out to start your own business and steal their clients. Heck, reading what you wrote, it sounds like you already are planning to start a competitive business, even before going to work for them! This is a legally binding restriction in most areas, as far as I know (but I ain't an attorney, so check with one locally). Right to work is one thing, right to start and operate a directly competitive business is another.

3 years is a bit long, in my opinion. I think 1 or 2 years is more typical.

Not sure about the distance clause, I suppose that would largely depend on the size and density of the particular market, whether or not it's overly restrictive.

I doubt you will get them to change the clause, though. They probably have a line of people clutching freshly purchased kit cameras, drooling to take the job and willing to sign their life away.

You might get them to agree to limit the scope of the non-compete, to just their photographic specialization. However, they might just as easily have expansion plans in the future, and you don't want to telegraph them your intentions, either.

With regards to the non-compete, bare in mind that, while difficult in many places to enforce, you will have to defend yourself. For instance, should you leave their employ, they will likely have their attorney write you a cease and desist letter, demanding you honor the terms of your agreement.

If you say no, guess who needs an attorney now? YOU!!!

And that costs money. In my line of work, they are violated all the time, but usually it costs the violator some funds -- settled out of court for several thousand dollars, say.

BTW -- Your website screams environmental portraiture -- will you be doing this kind of work for them?

I would try and negotiate the NC down to something reasonable. The distance is usually determined by your location and the surroundings, they are enforced all the time and it can and does get expensive to defend against them. 3 years is excessive but they are just trying to protect themselves. Perhaps you could negotiate and rewrite the NC to say one year and stipulate you won't be doing the exact same business practices. I have to rewrite them a lot and each state is different in how they are enforced but it is something worth thinking about