I get all kinds of inquiries regarding the business end of photography. Most are requests about how to find work, marketing and print sales. Almost NEVER does someone ask me about contracts until they have had a problem. And usually its a huge problem that a contract would have remedied immediately! I am simply amazed at the number of people doing business as photographers that do not have even a basic contract to use.
I know what you’re thinking, contracts are a hassle. Yes they can be. But think about how much hassle that last dispute was, and how easily a contract would have solved the problem/confusion? Most professional services use contracts with clients, so there is no excuse for you not to. What if you had to go to court over a disagreement with a wedding/bride? How would you convince a judge your side of the story was accurate? What would you do if a client said that you owed them something and you did not agree to that? How could you calm them and keep them as a client? Easy, with WRITTEN PROOF OF WHAT YOU AGREED TO!
Let’s look at some scenarios where a contract will save your hide…
Scenario 1:
A commercial client agrees to an estimate for product photography of 10 items, with one fully edited, high res image of each item for web, printed catalog and trade publication usage. After the shoot, the client calls and says ” Product number 3 you shot is already a big hit, and we now carry it in 4 colors. Can you change the color in photoshop to match each of the other 3 colors we added and send those over asap?”
Of course you always can, but here is the implications: You just cheated yourself out of another product shoot/invoice from that client, and you are doing extra editing work that wasn’t agreed upon, which takes time, and you are cheating yourself out of that money too. Without a contract, you can be backed into a corner by the client, who insists this is part of the editing and that you were paid for the products you shot, etc. WITH a contract that properly outlines the scope of this job, you can point out to the client they have two options, shoot the other three products under the same terms, for the same price per product, OR pay the licensing fee for the 3 NEW images you created in photoshop, plus some editing fees. Its up to you as to how you break it down, or sweeten the deal to sway them either way and there is no right answer on how to do that with every client, but a contract keeps them from backing you into a corner for free, and ensures that any extra work outside the original scope is compensated in addition to the original invoice. Depending on usage and other items, even something that sounds this simple can be worth THOUSANDS of dollars. Most of us would cross a busy street to catch a $100 bill, why give away 20 times that to some company that is just trying to get more out of you for less $$?
Scenario 2:
You just delivered a dvd, and a 10×10 flushmount leather album to a bride after her wedding. She loves everything and rushes home to show her mom, who helped pay for the photography. Mom (who maybe is getting old and has some not so pleasant days lol) INSISTS that at the consultation you promised an additional 10×10 clone/ parent album. Now the bride is calling wanting her other book, and when you say no, she threatens legal action because she now thinks that book that you have listed at $1000 ala carte is also the same amount of money she has been shorted. You insist that the only discussion of the parent books was during package presentations, and it is included in the package above hers only. She persists, and sues you in small claims court after you stop returning calls and emails. When your day in court comes, what will the judge say? Courts do not take your word against theirs as evidence either.
If you had a contract, it likely would NEVER go to court because even less educated people can see that the contract clearly stated what they payed for. And its not just about an album that costs you a mere $300 either. The time spent handling it, going to court, possibly attorneys fees (which if she hired one, you can be made to repay hers as well), and in some states, plantiffs can be awarded 3 times the value of the suit for troubles if they win. Thats a BIG risk to take without any proof of what you are selling. 10 minutes at the time of the deposit would save you a few thousand dollars and weeks of headaches in this case.
Scenario 3:
You hire an assistant and second shooter for an upcoming wedding. You make them sign proper contracts, outlining usage of the images, contact with the client and other behaviors. During the wedding reception, you see your second shooter lounging outside smoking cigarettes with the guests, passing out his business cards. When you call him aside, he tells you to go pound sand, he needed a smoke break and denies promoting his business, despite being caught. You copy the images from his CF card, and send him home early, with less pay than he expected because of the 3 hours he did not work after being sent home, and violating the self promotion clause in the contract. He says he is owed the full amount either way since it was a flat price agreed on.
Just like the bride scenario, this could end up in court, however with the contract, and proper outlines of expected behavior and productivity – you can defend your actions as any employer would in this case.
There are ENDLESS scenarios, but contracts make sense for your business. Period.
Some resources to start you off if you don’t have any contracts in place (however your attorney should always review and approve your contract before use) are at the following links:
http://www.wppionline.com/index.shtml
For commercial type work, these two links are extremely helpful resources
http://asmp.org/
http://www.wonderfulmachine.com/downloads/day_v_space_050710.pdf
Also, search wonderful machine’s website for even more useful information about contracts and negotiations. Each “genre” of photography comes with it’s own niches and pitfalls, so consult experienced peers and qualified attorneys before relying on something you just copied from the web.
Jason
http://www.jasonjones-photo.com
