Potential Client Asks "What if you get sick"

What do YOU say? Met with some clients this evening about a June '11 bat mitzvah, they were very nice people and I'm sure I got the job, but they were the first out of about 30 clients in the last 2 and a half years that have thought to ask it.

Not objecting to the question at all, its a great question to ask. I have a second shooter who could cover for me, but I do not by any means have a go to person that can do all I can. Gets me thinking about what I need to do sooner rather than later.

I have a clause in my contract that says it is my responsibility to find another photographer for the contracted price. It's good to have a couple of people on a short-list in case something like this happens.

I have that in my contract too, but in all reality, what do you say, what do you do? Seems like a nightmare situation if it were to actually happen.

Not sure why it'd be a nightmare, I've gotten sick and had to re-schedule shoots before (appendix blowing up is not exactly fun to be jumping right in and start shooting). Luckily re-scheduling was possible, but for those type dates that it's not possible it's very easy to say if something happens to me I have a list of photographers that are more than capable of handling the duties, ones I trust, etc. It would absolutely suck if it happened, but how can you guarantee everything? Not possible, as I found out last fall when it felt like someone was stabbing me.

css7493 wrote in post #10918567
I have that in my contract too, but in all reality, what do you say, what do you do? Seems like a nightmare situation if it were to actually happen.

It's not a nightmare. That's why it's in the contract. Granted, you can't put every single little possibility into a contract, but you can cover the big items.

MJPhotos24 wrote in post #10918640
Not sure why it'd be a nightmare, I've gotten sick and had to re-schedule shoots before (appendix blowing up is not exactly fun to be jumping right in and start shooting). Luckily re-scheduling was possible, but for those type dates that it's not possible it's very easy to say if something happens to me I have a list of photographers that are more than capable of handling the duties, ones I trust, etc. It would absolutely suck if it happened, but how can you guarantee everything? Not possible, as I found out last fall when it felt like someone was stabbing me.

I have it in all my contracts, but anything that has the possibility of being rescheduled (family portraits), I will make an attempt to reschedule first and then get another photographer. If it's a wedding or other big, one-time event, then I will break out the contact list.

If you're in an area where subcontracting is problematic and you have an honest fear of failing to perform (for whatever reason), I'd suggest you research E&O Insurance (Errors & Omissions) which can cover you in the (hopefully) outside chance that you end up in the ultimate bind.

Actually, my contract very explicitly states that it's the client and not me who is responsible for finding a replacement photographer. That said, I have a relationship with about 6 others throughout the area, all who shoot with a similar style and at comparable costs so that any one of us shuold be able to step in for the other and make it seamless for the client. And this is exactly what I tell them when the question comes up.

I suppose the big stink would come if we were to get sick, yes, it is covered in the contract that these things happen and it is our/their (depending on the wording) responsibility to find a replacement. I guess the same people that think to ask are also the same people that will not sign if it is their responsibility, and also the same people it might be better not to work with? Im sure that is not always true.

Further, they feel more at ease if it is my responsibility to find a replacement, however the time comes when that happens and the person I find to replace me is not quite as good?

It is all a bunch of 'what ifs' but the conversation about it has helped me understand how to handle it.

I'm always very clear with prospective clients about this and no one has ever balked at it. My concern is that I may find myself in a situation where I just do not have the ability to find that last minute repalcement. If I have a heart attack while loading the gear in my truck that morning (I'm 50 and my case weighs 60+ lbs soooo I suppose it's not out of the realm of possibilities), I'm probably not going to have the necessary access or possibly even the state of mind to find a replacment from the back of an ambulance. An extreme example, but not impossible. This is why I want to shift the burden from a legal perspective. Nonetheless, I do have alternate resources and have every expectation of calling the couple not with a problem but with a solution. Everyone seems to get it and is fine.

Were I a client, the question of "what happens if you don't show up" would pop into my mind about the time the photographer tells me that I forfeit the retainer if I don't show up.

I have a network of photographers that I belong to and we back each other up. Two weeks ago I got a call from a photographer in the emergency room. He broke two of his toes. I shot the wedding for him. One hand washes the other as they say
I tell my customers that I have back up just in case.

The contract states that I will do everything in my power to find an alternate photographer and if that is not successful then I will refund everything paid.

If it's their fault, they lose the non-refundable retainer.
If it's my fault, I fix it.

Peacefield wrote in post #10919430
Actually, my contract very explicitly states that it's the client and not me who is responsible for finding a replacement photographer. That said, I have a relationship with about 6 others throughout the area, all who shoot with a similar style and at comparable costs so that any one of us shuold be able to step in for the other and make it seamless for the client. And this is exactly what I tell them when the question comes up.

So then your being hired in the first place is a bit of Russian Roulette, eh?

Seriously though, everyone I trust is too busy. I'd be lying if I said I have a competent backup ready and waiting for my call, and I certainly wouldn't tell a potential client that there are 6 people putting out my same quality at similar prices that I can go to in an emergency. Kinda takes the shine off your jewels.

I would look them straight in the eye and tell them they're basically screwed if I keel over on the way there because I'm the best in my area, and that's why they're hiring me. My untimely death is pretty much the only thing that would stop me from showing up anyway.

Coincidentally, this question came up during an initial consultation with a prospect yesterday morrning. I never say we're the "same quality", I say we have comparable styles which is a very large distinction. We all approach the art in similar ways; enough so that if I had to send one of them in my place, the client would not be disappointed with the outcome.

And I do not talk about price to the client. I connected with photographers at a similar cost so that any one of us are comfortable covering for the other, passing any payments received, and everyone is left/made whole. But that's not discussed with the client; indeed, the very idea is to make it all seamless to the client; a replacement will show up and produce a high quality job and they will never have to think about the issue of cost.

And likewise, I have never had to send a replacement. A family emergency, a broken bone or sprained ankle, a very bad stomach flu, that may happen some day; but for a cold or some other less dramatic event, I'm taking pictures!

Patrick wrote in post #10928393
The contract states that I will do everything in my power to find an alternate photographer and if that is not successful then I will refund everything paid.

If it's their fault, they lose the non-refundable retainer.
If it's my fault, I fix it.

I think that's a perfect solution, I might have to add that to my contracts as well. Guaranteeing an alternate photographer for the same rate you would charge for an event like a wedding or rite of passage ceremony is just not a realistic guarantee. If you do find somebody, and they want, or have to charge more, you might end up paying out of your own pocket, and is that worth it?

Also make sure you have a clause that limits the refund to what the client has paid. So if you should (knock on wood) lose a memory card from a wedding, they can't sue you to fly everybody back to the location to shoot again. Or if you're a good natured person, you won't feel like you should have to do something like this, because it clearly states in the contract that you won't.