What can I say? I’ve been burned. Burned so many times it’s amazing I’m still sane.
Do you see this face? This is the face of someone who has lost over $120k cold cash over his business career – $50k of which was lost to his family because of the absence of a contract. In the end, failure isn’t fatal, but it stings like a b*tch.
Keep in mind that even with a contract, it does not always protect you completely. In our wedding (and portrait) photography industry, the arts is only half of the concern. The business part is equally important.
A few members of my private forum asked about photography contracts. Well, here is a pretty solid one that I use. However, use it at your own risk, etc. etc. I am not a lawyer.
What It Covers
- Use of images
- Grant of rights
- Fees / down payment
- Expenses
- Payments
- Liability
- Authorship credit
- Copyright notice
- Ownership of physical images and storage
- Warranty and indemnity
- Arbitration
- Assignment
- Term and termination
- Permissions to photograph
- Final photo product
- Post-production costs
- Event food service – include a slice of cake if you want
- Model release
- Photographer substitution
- Exclusive photographer
- Wedding coordinator / planner
And so forth… So, most of your butt is covered.
Get a Copy of the Contract
Just subscribe to the mailing list below and an email with the contract will be sent automatically. Even if you are part of the mailing list, just repeat (it won’t double you or anything).
Share
Many of you might have a contract already or drafted your own, but it’s always fun to see how others do it. Share via Retweet or Facebook buttons below, so that your friends can be part of the fun!
Graciously yours,
Lawrence Chan
P
.S. Love and Lemonade (Nina) just shared a lovely note in the forum:
Since implementing Lawrence’s Pricing Strategies, I have closed 100% of my wedding inquiries so far. And last week I booked a wedding a day. Before, I would be lucky if I closed 50% of my inquiries.
I’ve only been receiving serious inquiries due to my new strategies [and I now know who to not] waste my time with. And thanks to Lawrence, clients are now booking my larger collections and I haven’t had to haggle prices, either. So thank you very much for being so generous with your experience and knowledge – thanks to you my 2011 is looking spectacular! ♥
P.P.S. Last week I posted “Work to Live, Live to Work…AND Courage” and wanted to share. Sometimes, I feel like life is work, save, invest, work, save, invest, die. Let’s change that.
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While I have my own, I am downloading this anyway, as a just in case ;) I am still working on marketing myself and haven’t gotten any bites yet on weddings. However I know that it will soon happen, I have faith :)
Thanks again for your generosity!
Thanks Lawrence!! :)
Everyone knows you dont work for family
Am already a subscriber… where’s the contract…?
Thanks so much, Lawrence, for sharing your contract with us. As I am going through the revamp of my business, this will be very helpful. I actually can’t believe that you are so generous as to give it for free. That’s absolutely awesome. :)
I havent gotten it in my email? Thank you so much for this Lawrence!!!!
Contemplating a future in wedding photography in addition to the things I am doing now, this is just the thing to have to get started. You are so kind to share this. THANK YOU!
Patience!!!
Hey Lawrence. Just curious….. “$50k of which was lost to his family because of the absence of a contract.”, what did you mean?
It was really my fault for not having a paper trail. I invested into a project with my family and years later they have “no recollection” of it. How convenient… So, always have a contract!
Thank you very much! You’ve been such a big help to me while moving my wedding business to the next level. I truly appreciate you sharing this contract.
Please tell us the “family story”
Thanks Lawrence! You’re the Man!
Thank You Lawrence!
It’s going to definitely help me – even though I have to translate it to Polish :)
But I have to say that some things matches to yours, which I’m proud :D It means mine wasn’t that bad in the end :)
Best wishes!!
Kam
You are Número UNO Lawrence!! Thanks for this!
thanks Lawerence for sharing your contract. you awesome dude!
Signed up yesterday and still haven’t received it. Hope it comes soon, thanks for sharing Lawrence.
Thanks a ton for sharing this type of info. Really helps those of us starting out and others I am sure. You rock!
HP
WOW Lawrence….you just keep getting wiser and wiser and nicer and nicer, if it’s even possible! Nice reading your blog as usual! Best wishes to you, looking forward to seeing you soon!
Hi Lawrence,
Nice, Loooong terms, yet in many states deposits are refundable no matter the verbiage. Instead of calling it a deposit, I would call it an earned retainer fee. Earned retainers are not refundable.
You also have a loophole where people can walk away from paying the balance and cancelling your service even though you have blocked off the date and most likely turned down other jobs. Here is some wording we use.
AGREEMENT: A firm and binding agreement exists between Studio and Client only after agreement/proposal has been properly executed and earned retainer paid and accepted. An earned retainer must be paid at the time of booking with the balance due and payable at least 30 calendar days prior to Event Date ( we have a database that prints the wedding date here). The earned retainer is nonrefundable. Should Client not pay the balance due, Client’s earned retainer will be forfeited and the Studio will be under no further obligation to Client. In the event of a cancellation or postponement, all payments shall become due, a new date shall become established along with any additional fees. Any controversy or claim arising out of or relating to this agreement, or breach thereof, shall be settled by arbitration and judgment upon the award by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties waive trial by jury, to the extent permitted by law, and expressly agree to mediation in any action or proceedings brought by either party against the other, or any matter connected with this agreement.
I think you almost have it, iron clad, but the word deposit has to go, and it has to be understand that there is no turning back after booking. Its an obligation on the part of the client, unless you can find a similar job on the same date and are willing to let the balance go.
Many states have some 3 day colliing off periods for certain services, not sure if wedding vendors are part of that, but there are statute stating: Home solicitation contracts also have a 3-day cooling off period. This applies to any seller operating outside their normal place of business. This includes transactions at hotels, restaurants and ‘home’ parties. It does not, however, apply to a seller who simply delivers items that the consumer negotiated for at the seller’s normal place of business. Telemarketers must inform you at the time of the call that you have a 3-day right to cancel. This could be a grey arear for photogrpahers meeing at starbucks or hotels or clients homes.
To play it save, after you have the proposal, and wait a few days without hearing from your client, your pretty safe from buyers remorse.
I would also be careful about calling anything a contract when its a proposal when its sent out. The BOE looks at that as a sale with money and invoices and might not be comfortable trying to explain that is not a deal if they did not go with your services. You still have this contract, whcih is hte eyes of the sales collectors, they want their money and don’t understand our business.
10 vendors might submit what they call a contract to the same bride, ,yet the bride only picks one, well the BOE looks at it as you took the job, sent out a contract, etc. and you might be innudated later trying to explain that not all contracts come back as an accepted job, so those first papers should be proposals only, that turn into a contract upon acceptance of the earned retainer and signed proposal
Seems like you have an attorney loog at yours, but it seems there are parts missing that will protect you all around and make everyone know they have you for thier wedding date.
Gary Freedline
http://www.vki-party.com
Thank you Gary!
Its not easy to work out all the details, and thanks for Lawrance for at least starting something viable.
Gary
Lawrence!
Thank you very much! it is really helpful!
Caroline
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Hi Lawrence,
I just subscribed to your mailing list in hope to be able to download the wedding photography contract, I received two emails back but none of them comes with the link to download the contract…is it still available?
Thanks!
Hi Stella,
Check your spam folder. It’s supposed to be emailed automatically.
Cheers,
Lawrence
I did not get it as well. I checked my spam folder, as well. Thank you so much!
I will agree that I don’t think the automatic thing is working because I signed up awhile ago and never got it (just got the email subsribe confirm email only) and tried it again today and it said that I was already in the list for the newsletter (which is true but I’m still not getting the contract email)
thanks for doing this, though.
nevermind. tried another email and it worked. hmmm. thanks