Anybody here have a contract they'd be willing to share?

divamum

(Yes, I am doing that wedding for a friend mentioned a while back and yes I have an experienced co-shooter )

Plenty of examples on the net, but I'd love some from those in here whose work I know. I've searched this forum and come up with some good ideas, but if anybody has a current basic contract they'd be willing to let me read (dgrin threads are a bit out of date right now) that would be awesome! Feel free to PM me ...

Clauses I already plan to include above and beyond the basic business info:

- somebody to shepherd family for formals
- pre-made arrangements for parking (city wedding)
- food for photographers made available and served quickly
- contract will include church rules for photography (I believe they have restrictions during the ceremony)
- "can't guarantee every shot despite best effort" disclaimer

All info welcome............

Qarik

AGREEMENT FOR WEDDING PHOTOGRAPHY

Bride's Name ________________________ Wedding Date:______________________

Home Address: _____________________________________

City: _____________________ State_____ Zip: ___________

Day Phone: _________________ Evening Phone: __________________

Groom 's Name:______________________

Home Address: __________________________

City: ______________________ State_____ Zip: ____________

Day Phone: __________________ Evening Phone: __________________

e-mail address: __________________________

1. This agreement constitutes an order for wedding photography services. It is understood that all images remain the property of Daniel Kim Photography and can be used for marketing purposes but will not be sold to any third parties.

2. Daniel Kim Photography takes the utmost care with respect to shooting, transportation, and processing of images as well as maintenance of photographic equipment. This includes bringing redundant photographic equipment to all events (cameras, lens, memory cards, flashes, etc). However, in the unlikely event that images have been lost, stolen, damaged or destroyed due to equipment failure or other reasons beyond the photographer’s control, liability is limited to the return of all payments received for the event. The limit of liability for a partial loss of images shall be a prorated based on the percentage of images lost or compromised.

Scheduling and Payment:

Upon signature of contract and payment of $500 booking fee, Daniel Kim photography reserves the time and date agreed upon. The booking fee will be credited to the total cost of the services supplied and is non-refundable with the exception of the case where the photographer can not deliver stated services.

a) In the event of a client cancellation, the $500 booking fee is non refundable.

b) In the event of client rescheduling, the $500 booking is fee is non-refundable.
If the rescheduled date is agreeable to the photographer, then the booking fee is credited towards the new date.

c) Payment in full is due 2 weeks before the event date. The photographer reserves the right to stop all services if payment is not received in that time period.

4. The number of images supplied is up to the discretion of the photographer. Typical number of images for wedding/reception range from 350-450. Engagement sessions range from 75-100.

5. Please understand that weddings are fast paced dynamic events. The photographer will give his best effort to capture the major events of the day but there is no guarantee that any particular or requested shot will be captured to the satisfaction of the client. The photographer has the right to hire a 2nd shooter and/or assistant though the primary photographer will always be Daniel Kim.




Services to be supplied:

1) X hours of photography coverage on the day of the event. This may or may not include an assistant.

2) An online gallery of all edited high resolution images.

3) A set of 4x6 proofs of all images and a DVD which includes all images in high resolution

4) An individually designed leather bound 12x12 inch wedding album with X total pages.

5) X hours of coverage for engagement session and 16x20 or equivalent sized foam backed print.


Delivery schedule:

Online gallery will be available 4-6 weeks after the event date. Proofs will be delivered approximately 2 weeks after the online gallery is made available. The album, depending on the proofing schedule, would be delivered approximately 6-8 weeks after proofs are delivered.


Online Gallery:

The online gallery is offered with 3 levels of privacy/security:

1) level 1: Gallery open to general public. No restrictions whatsoever on who may visit the site. This provides the most freedom for friends and family to view, download, or purchase images. However the site is also open to the general public who may visit your gallery while visiting the danielkimphotography.com.

2) level 2: Unlisted gallery. This removes the gallery link to the general public. A visitor to danielkimphotography.com will not see the gallery listed in the public space. Clients must provide the supplied URL to friends and family. Once inside the unlisted gallery, anyone may view, download, or purchase images.

3) level 3: Password protected gallery. This is similar to level 2 but clients must enter a password to access the gallery in addition to the URL. Also downloading an image is restricted at this level though you may still purchase an image.

Note: there is no mark-up for image purchase in the gallery. Image purchase is done through a highly regarded third party vendor BUT which the photographer has no affiliation with or no liability with respect to products purchased.

The client has rights to all images for use in print or online purposes as long as images are NOT altered.

NagoC50

Qarik's contract looks decent but I would not use phrases such as "utmost care" when describing your conduct in shooting the event, maintaining images, etc.

This is because in most jurisdictions the "standard of care" that applies is what a reasonable and prudent professional would do under the same circumstances. In other words, the general definition of negligence. Reasonable and prudent isn't the best (or worst!) photographer but the average pro. Using phrases that may arguably raise the bar may bind you to a higher standard.

There are also other issues you may want to consider such as venue clause (especially if this shoot is outside of your home state), choice of law (which state law will apply).

***now the disclaimer! None of this is legal advice and I am not your attorney and you ought to consult a local attorney.

divamum

Thanks Daniel for sharing yours, and thanks Nag for comment. Keep it comin', guys!!

heatherfeather

Mine is far to long to share here...

Another thing to include (and it sounds stupid, but this is the one thing that always comes up) is for that the couple needs to spend at least 1/2 hour together with the photographer to get good photos of them.

Mine has quite a bit of legal stuff as well as talking points that remind me to have a chat with them about things while we meet.. such as lighting, extra photoshop work and cooperation. (No I am not going to photoshop Uncle Bill into the shot if he missed it)

The contract needs to spell out what happens if YOU have something that comes up and you can't fulfill your end of the bargain. Mine has a bit about "damages being limited" to the amount paid to me.

And make sure that there is a bit about client authority... so the person who signs and pays is the one that gets to make changes, even if they are the bride's mother in law (from hell). (I have been thankful for that one a time or two)

Do you travel? How much do you charge to go beyond a specific amount of miles? Most charge $ per mile after 50 miles.

divamum

Thanks Heather!

No travel for me (it's local), and my co-shooter is doing it for an agreed flat fee so I think we're ok on that.

GREAT idea for the authority to change - will definitely specify that. I can also include a general clause regarding photoshop; brilliant (and I never would have thought of that!)

I do remember you posting about the 30 minute-window a while back, and it is on my list of things to include (forgot to mention it in my first post, but I even already asked the bride to build it into her timetable when we had an informal meeting a coupla weeks ago. Hardest part for pretty pictures is that wedding is at 11am meaning we'll reach the reception venue - by the water - when the sun is high in the sky, but I guess we'll make it work.....

Fortunately, the bride is a friend so I have some idea of her expectations and she and I could speak fairly frankly, but I DEFINITELY want these things in writing. Protects everybody (and she's totally cool with that; she's another singer so "gets" the whole contract thing

Thanks! (Keep it coming guys - this is great stuff!)

Ed911

Even if you are a good writer, take your contract to an attorney and let them determine if it meets your needs.

If you aren't familiar with your states contract law, then it's hard to judge your contract for quality and completeness. Furthermore, it's not acceptable for amatures to judge the quality of your contract...a document that you hope will be legally binding and protect you from vexatious litigants. A consensus among amatures is the average of their abiltiy. I think you see where I'm going.

And, consider this; contract law differs from state to state. I see posters quickly offering advice, without asking about or considering jurisdiction.

I'm not saying that the suggestions offered here are bad, but what I am saying is that before you adopt your contract in good faith, make sure that it's worth the paper it's written on.

Just FYI.