Youth sports event contracts

MadisonPhotographyMadisonPhotography Registered Users Posts: 56 Big grins
edited September 10, 2009 in Mind Your Own Business
I am sure they are out there and wondering is anyone is willing to share their version of the contract they use for youth sporting events...

Thanks,
Nick

Comments

  • PhotosbyKWPhotosbyKW Registered Users Posts: 137 Major grins
    edited September 3, 2009
    Sorry- Messed that up.
    Consistantly Inconsistant.

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  • PhotosbyKWPhotosbyKW Registered Users Posts: 137 Major grins
    edited September 3, 2009
    OK, first and foremost- I'm not a lawyer, but having said that- the following is a similar contract to what I use for weddings, and I have never had any problems with it.


    EVENT PHOTO SHOOT CONTRACT






    Date and Time: ________________________________________________________________________

    Client’s Name: _________________________________________________________________________________

    Phone: ___________________________________ Fax: _______________________________________________

    Address: _____________________________________________________________________________________

    Email: _______________________________________________________________________________________

    Additional Party’s Name (Primary Subjects, etc.): _______________________________________________________________________________

    Phone: ___________________________________ Fax: _______________________________________________

    Address: _____________________________________________________________________________________

    Email: _______________________________________________________________________________________

    Time Session Starts: ___________________ Ends: ____________________

    Amount of Guests: _________________

    Location: _____________________________________________________________________________

    Contact Number: _____________________________________________________________

    Alternate Location (Reception, Secondary Location): _____________________________________________________________________

    Project Manager and Contact Number: ____________________________________________________

    Theme: _______________________________________________________________________________

    Fee agreed on: _________________. A deposit of 50% (______________) is due when this agreement is

    signed, and the balance (_______________) is to be paid on the date of delivery of images.



















    EVENT PHOTO SHOOT CONTRACT



    1. ENTIRE AGREEMENT: This agreement contains the entire understanding between Keith A. Williams and THE CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties.

    2. RESERVATION: Upon your signature, Keith A. Williams will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Reservation Deposit of 50% is non-refundable, even if the date is changed or the event cancelled for any reason; including acts of God, fire, strike and/or extreme weather. The Reservation Deposit is to be paid at time of signing the contract. The Reservation Deposit is applied towards the contracted photography package. THE CLIENT understands and agrees that the entire amount owed for the photography package described in the contract is due on day of photos.

    3. CANCELLATION: In the event that THE CLIENT cancels the contracted services for the event outlined in this contract before the event takes place, the deposit will be forfeit. Keith A. Williams agrees to refund all additional paid money (less expenditures for which receipts will be provided), to THE CLIENT.

    4. COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Keith A. Williams is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed.

    5. SHOOTING TIME/ADDITIONS: The photography schedule and selected methodology are designed to accomplish the goals and wishes of THE CLIENT in a manner enjoyed by all parties involved. THE CLIENT and Keith A. Williams agree that positive cooperation and punctuality are therefore essential. Should the event be delayed or cancelled for any reason whatsoever, he will not be held liable for any photographs not taken.

    6. HOUSE RULES: The photographer is limited by the guidelines of the site Management officials, rules or regulations. THE CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is THE CLIENT'S responsibility; Keith A. Williams will offer technical recommendations only.

    7. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives video, or prints produced by Keith A. Williams are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without his explicit written permission. Upon final payment by THE CLIENT, limited copyright ownership shall be granted in writing under terms of the Usage Agreement.

    8. EXCLUSIVITY/GUEST PHOTOGRAPHY: It is understood that Keith A. Williams will act as Official and Primary Photographer. With this mind, the CLIENT understands that he will not compete with guest or other photographers for the attention of the subjects. Any unchecked guest conduct that interferes with this duty may seriously affect the quality of the photographs, and he will not be held responsible for any shots missed due to interruption by other parties attempting to take additional photos. The CLIENT understands that because of time constraints and the need for subjects to pay full attention to the Official Photographer during any posed shots.

    9. FINAL DELIVERY: Keith A. Williams will make arrange for delivery or agreed prints or media (as previously agreed upon) once items are ready.




    EVENT PHOTO SHOOT CONTRACT



    10. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative party. Keith A. Williams will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.

    11. Keith A. Williams takes the utmost care with respect to exposure, transportation and processing of photographs. However, in the unlikely event of THE CLIENT’S order being lost, stolen or destroyed prior to receiving them, the latter’s liability is limited to the return of all payments received for the event package.

    12. NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the event, Keith A. Williams cannot place an unconditional guarantee on the above. He will not be held responsible for any ruined media due to guests’ (or any other) flashes; or any other ruined photographs due to weather or any other cause in or outside of his control.

    13. AMENDMENTS: This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and Keith A. Williams at the time of acceptance of this contract shall be recognized as amendments to this contract.

    14. PROFESSIONAL IMAGE MANIPULATION: Keith A. Williams will allow for limited professional image manipulation (if technically possible) on any images of THE CLIENT’S choice. This includes red eye removal, de-ageing, color correction, portrait glamorization etc. It is understood that if a technicality prevents him from performing requested image manipulation, or if a technicality prevents the final result to meet THE CLIENT’S requirement, THE CLIENT will reside with the fact that he has performed to its best ability and has no further responsibility towards said image manipulation.

    I have read and understood the terms above. I hereby agree to the terms of this agreement.


    Signed ______________________ (CLIENT RESPONSIBLE FOR PAYMENT)


    Date ________________

    Signed ______________________ Keith A. Williams

    Date ________________
    Consistantly Inconsistant.

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  • PhotosbyKWPhotosbyKW Registered Users Posts: 137 Major grins
    edited September 3, 2009
    That keeps coming up dark. Sorry.

    Well, it is what it is, so just take it for whatever it is worth.ne_nau.gif

    KAW.
    Consistantly Inconsistant.

    www.PhotosbyKW.smugmug.com
  • mercphotomercphoto Registered Users Posts: 4,550 Major grins
    edited September 3, 2009
    PhotosbyKW wrote:
    That keeps coming up dark. Sorry.

    Well, it is what it is, so just take it for whatever it is worth.ne_nau.gif

    KAW.

    Its because you have [ COLOR = #000000 ] all over the place. Which is black text.
    Bill Jurasz - Mercury Photography - Cedar Park, TX
    A former sports shooter
    Follow me at: https://www.flickr.com/photos/bjurasz/
    My Etsy store: https://www.etsy.com/shop/mercphoto?ref=hdr_shop_menu
  • PhotosbyKWPhotosbyKW Registered Users Posts: 137 Major grins
    edited September 3, 2009
    Oh, OK. Hey thanks. I think I fixed it now.:D
    Consistantly Inconsistant.

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  • PhotosbyKWPhotosbyKW Registered Users Posts: 137 Major grins
    edited September 3, 2009
    I also have another form on a clipboard that I let them pass around as they fill like it. It is pretty simple. Just has my logo at top with the event title and Photo Notification List/ with two running columns down the page labeled Name and Email. If anyone present feels like filling in the blanks, then I will notify them as well- when I post the final images.
    Consistantly Inconsistant.

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  • bendruckerphotobendruckerphoto Registered Users Posts: 579 Major grins
    edited September 8, 2009
    The contract posted by PhotosbyKW is fine for what you'll be using it for. Just keep in mind that I was able to quickly determine that it's not a contract written by a knowledgeable lawyer. There are a few small holes, PhotosbyKW, which I can point out to you if you PM me.
  • PhotosbyKWPhotosbyKW Registered Users Posts: 137 Major grins
    edited September 9, 2009
    Absolutely Kind Sir-

    I will gladly take any recommendations that you have. Feel free to post them on the open forum if you wish so that anyone else can benefit as well. I've some practical experience, but no legal schooling, so you will most definately not hurt my feelings.thumb.gif
    Consistantly Inconsistant.

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  • bendruckerphotobendruckerphoto Registered Users Posts: 579 Major grins
    edited September 9, 2009
    I'd recommend scrapping that contract and paying for a stronger one. If you have a determined client with a good lawyer, he or she will likely tear your contract to pieces. No contract is perfect, but some are better than others. I'd recommend you get a set of contracts from the Photographer's Toolkit. At over $100, they're a little pricey, but their as airtight as a contract you purchase online will be. The only thing better would be to draft a contract with a lawyer, but there you're looking at several thousand dollars.

    I made some correction in red on your contract so you can see where the glaring mistakes are. I only corrected mistakes once, so incorrect terms you used multiple times are not corrected each time. Grab the file here:

    http://dl.getdropbox.com/u/19919/Contract%20Revisions.pdf
  • PhotosbyKWPhotosbyKW Registered Users Posts: 137 Major grins
    edited September 9, 2009
    Thanks. Well that was not as bad as I'd feared. I'll have to look at that with fresh eyes tomorrow. I keep a Model Release, Property Release, 2257, and other forms stored seperately, so I didn't attach them with that. I had been just having them give address on the Model Release, and stapling the final packet together to file. I really like the idea of initials on each page. Forgive my ignorance, but I'm not sure of how to address this:

    No liquidated damages for cancellation?
    Consistantly Inconsistant.

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  • bendruckerphotobendruckerphoto Registered Users Posts: 579 Major grins
    edited September 10, 2009
    Most photographers charge a liquidated damages fee when you cancel. You may have a $1000 deposit from someone, but if you're a photographer who shoots $5000 weddings, you just got shorted $4000. While you have done less work, you've still lost the opportunity to book another client for that date. You may not necessarily say that they owe the full amount, but that they lose their retainer payment plus have to pay you a fee of $1000 to cancel. Cancellations are deadly to a busy event photographer, and you need to discourage them.
  • PhotosbyKWPhotosbyKW Registered Users Posts: 137 Major grins
    edited September 10, 2009
    OK, thanks. I have made revisions, minus that last part. Going to have to think about that a little more in detail, but I like the new revision a lot better, so far.

    KAW.
    Consistantly Inconsistant.

    www.PhotosbyKW.smugmug.com
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