Portaits: clause in contract for amount of photos?

Hey.

I was wondering, lets say you have a session fee of $100 per hour, do you have a clause in a contract dictating the minimum amount of photos to be delivered?

Or is it done completely to your discretion for each shoot?

Thanks!

Nope, why would you add clauses to your contract that can only be to your detriment? I never specify photo numbers in any contract. I do offer a money back guarantee for portraits though, if they're not happy their session fee is refunded, but in that case the images are destroyed (or in practice just not available to order).

tim wrote in post #5794847
Nope, why would you add clauses to your contract that can only be to your detriment? I never specify photo numbers in any contract. I do offer a money back guarantee for portraits though, if they're not happy their session fee is refunded, but in that case the images are destroyed (or in practice just not available to order).

As a customer, if I'm paying a hundred dollars an hour, I sure hope I would get a minimum of something out of the time we both put in. The money back guarantee would also work out as long as the photographer doesn't argue with what they should be happy with.

I would not contract to offer any minimum. Basically if you turn up that should be your responsibilities fulfilled with respect to a contract - of course you supply an excellent set of images that they are happy with, but you don't contract to it IMO.

What good is a contract that doesn't describe what is to be delivered?

But in the end, a contract is just an agreement between two people, so I guess whatever you can get away with.

While I can see the other points, if I were a prospective customer I'd have some expectations and want some assurances. So, I think some reasonable minimum number of images would be a good selling point. I've often seen this done by portrait photographers. Some have several size packages, sometimes along with a guarantee to reshoot at no charge if for any reason it's not possible to deliver on it during a session (rather than give a refund).

If it were me, I'd make it a modest number that's pretty easily achieved, then always strive to exceed it. Personally, I like to give customers a little more than they expect on each and every job, rather than get into discounting and price wars.

It's not quite "portraiture" in the sense I think you mean, but here's another possible model... Look at his "Sessions Pricing" on www.chanan.com. Richard has been successfully doing this for 30 years. He now shoots digitally, but was using strictly film for a long, long time before that. Specializing in felines, he works under very controlled conditions (inside a "tent" of sorts) and has customers lined up and waiting to have their photos taken, while other competing photographers are chasing around soliciting work.

qtfsniper wrote in post #5794970
As a customer, if I'm paying a hundred dollars an hour, I sure hope I would get a minimum of something out of the time we both put in. The money back guarantee would also work out as long as the photographer doesn't argue with what they should be happy with.

If you don't trust the photographer you shouldn't be paying them hundreds of dollars an hour. And I think the more you pay the less photos you get, they'll just be better photos.

hommedars wrote in post #5795106
What good is a contract that doesn't describe what is to be delivered?

But in the end, a contract is just an agreement between two people, so I guess whatever you can get away with.

This isn't totally legal. A court can over turn a contract if they feel that one side got too good of deal or that the terms were too broad.

I am not a lawyer, never took a class but I watch The People's Court.

I make a verbal promise to shoot as many photos as time and conditions allow, with an emphasis on quality. There is no way I can possibly guarantee a minimum number of photos. There are far too many variables.

I agree with Tim, (edit) and CDI

unless you have a package that stated you get so many of 4x6's etc etc, then why put that clause in there?

Ive had a couple clients mention to me that they noticed I took alot more pictures than what I gave them. I then have to tell them that not all the photos are going to turn out perfect, a gust of wind can blow hair into crazy direction, I could capture a blink, a person could be walking into a shot, so many things can mess a photo up without it being the photographers fault.

I certainly will not give a photo to someone unless I think its up to my standards.

Although Im sure if my fee were based on a shot by shot standard, they wouldnt mind getting 6 or 7 photos as opposed to 25

Theres an idea:p

I find it easier to tell them ahead of time (before they ever ask) that there will be duds because we're all human and those duds will be deleted. I lay the potential blame on all of us equally (me as well as them) rather than on external variables that make it sound like excuses.

aram535 wrote in post #5804224
This isn't totally legal. A court can over turn a contract if they feel that one side got too good of deal or that the terms were too broad.

I am not a lawyer, never took a class but I watch The People's Court.

Well......I am not a lawyer and I don't watch The People's Court, but I did stay at a Holiday Inn Express last night.

hommedars wrote in post #5804304
Well......I am not a lawyer and I don't watch The People's Court, but I did stay at a Holiday Inn Express last night.

Do they leave the lights on for you?

thekid24 wrote in post #5804487
Do they leave the lights on for you?

Dude. Only Motel 6 offers that premium service.

thekid24 wrote in post #5804487
Do they leave the lights on for you?

You get to a certain age when it is better with the lights off.

But Tom Bodett is definitely da man!