When a photographer asks the right questions and succeeds in getting specific answers, he gets a basis for writing his proposal. A client asks him to quote for a job, and he submits a well-crafted proposal. Hopefully, a fair price, a fairly and attractively-worded proposal, his reputation or his potential as shown in his portfolio, can work together to land him the job and with it, a reasonable profit. Here are some considerations when preparing a photography contract.
The Fundamentals of a Photography Contract
A contract is simply to define expectations of both parties signing it, but photographers generally shy away from drawing up one because the word connotes many other things – lawyers, litigation, violations, penalties and many other unpleasant feelings. If you are among those who can’t say the word “contract†without wincing, let’s find some softer synonyms. What about “Memorandum of Agreement,†or perhaps “Terms of Understanding?†Be creative and find what you want to call it, but it’s something that MUST be done to avoid miscommunication and misunderstanding.
What then are the fundamental considerations when drawing up a photographer’s contract… oops, a Memorandum of Agreement?
1. A contract defines mutual responsibilities. Make sure you include, in your contract, your client’s and your responsibilities and deliverables, and the penalties and rewards (in other words -payment) for delivering or failing to deliver them. What does client expect from you in terms of images? Be very specific and descriptive so that anyone looking at your images can decide if you delivered or not. Indicate whose responsibility it is to provide products, props, talents, transportation and/or other services. You and your client should agree on payments and/or extra compensation for additional time, work or usage of your images; compensation for cancelled or postponed projects, especially when you have started to do some work for them and have already incurred expenses. For photographers who go on location, the contract should indicate if they should be compensated for weather-related cancellations. A contract also defines who owns what, which is especially useful to photographers in asserting their copyright ownership. It should govern other promises like how long they keep files (which can be anywhere from never to a few years). In all of these, be as specific as possible, using numbers to quantify your promises or what you are asking for from your client, in return for the services you are rendering.
2. A contract prevents negative surprises – on either side. Because a contract defines expectations so that you don’t spring surprises on each other, work relationships become smooth and productive. Your client hopefully will not haggle after the job is done; he understands that he can’t get the photographer to agree to shoot everything and everybody in sight, if that was not part of the contract; he knows when to pay you; and you, the photographer, must deliver all that you promised, on the day and date promised, and not whenever you’re done with your other jobs. And unless there were provisions for defined contingencies, you can’t just tuck in additional charges.
3. You can’t submit a firm quotation if your client only has tentative plans. When your client is still unsure of what and how much he wants done, indicate in your proposal that what you are submitting is also tentative, and that you would be glad to submit a firm quotation when the requirements can be better defined.
4. Protect yourself with clauses that limit your responsibility or liability, especially in areas that are hard to define or delimit. Certain phrases like, “if applicable,†if time allows,†“if available,†“except as indicated,†“equivalent equipment,†“we reserve the right to…†and other such limiting phrases, especially when you or your client is unable to really specify what is required, when you have no control over third-party materials or services, when there are many unforeseen risks, or when it is impossible to enumerate everything. This is not a cop-out, but a setting of realistic limits to an otherwise open-ended or questionable situation.
5. Make your form friendly, short and easy to understand. Don’t overwhelm your client with legalese, or with long contracts. If the project is big, you can write a short contract (one or two pages), then add separate attachments – such as shot list, itinerary, or payment schedules.
6. Give your client a chance to ask questions about your proposed contract. As you discuss your proposal with your client, he may have some questions. Sometimes, all he is needs is simple clarification. Sometimes, though, he may want to ask you to rewrite your proposal. You can re-negotiate and then rewrite your proposed contract until it is satisfactory to both of you.
7. Use your contract to cite some advantages of working with you. Maybe you have special expertise, equipment, facilities or services that are needed for the client’s project that other photographers bidding for the job do not have. You can cite them on a separate sheet or enumerate them in a cover letter, or if your contract is short, you may incorporate them in the body of your contract.
8. Don’t hide your terms and conditions in fine print. As much as possible, print your terms and conditions, together with the substance of your contract, on one face of the paper so that when your client signs, he is also signing to agree with your terms and conditions. Verbally go over the different parts of your contract, including attachments, so your client does not get surprised as to what it includes or does not include. If you have a complicated job, and you must have more than a page, you and your client can sign on all pages (no printing on reverse pages that you both may overlook).
9. Make it clear that they are signing a contract to commit, not just to receive a copy of your contract. Our cost estimates, for example, which serve as our contract when signed by both parties, have two spaces – one for receiving and the other for agreeing to the indications on the contract. We point this distinction to them, and ask them to sign on both spaces.
10. Remember that what you are aiming for is to have a respectable, profitable and long-term relationship with your client. It should be in this spirit that your contracts are written. Don’t make your contracts so strict that your clients get scared of dealing with you. On the other hand, don’t make your contracts so loose that you lose every time you sign on the dotted line.
I have also written a point-by-point discussion of what goes into contracts, but since it is rather long, it will come in several installments in the next few days. If you are too busy to check this site every now and then, you can sign up and you will be notified.
