avoiding getting screwed, diplomatically

[Rhys]

In view of today's events where the person that wanted me to do the photography for her bridal shower double booked, how does this sound on my website:



Book early to ensure coverage of your event and check our special offers page for current special offers.

Bookings will only be made on receipt of a non-refundable $50 booking fee.

50% of the coverage fee must be paid at least two weeks before the event. The remainder on the day (or the day before) the event.

In the event of cancellation you will receive a refund of the coverage fee paid.

Payment may be made by cash or check - for which a receipt will be given.


How would you improve this?

[Mark_48]

Here's an excerpt from what I've got in the fine print of my contract/agreement...

2. Deposit and Payment. The Client shall make a deposit to retain the Photographer to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the balance upon delivery of the order.

3. Cancellation. If the Client shall cancel this Agreement thirty (30) or more calendar days before the wedding date, any deposit paid to the Photographer shall be refunded in full. If Client shall cancel within thirty days of the wedding date and if the Photographer does not obtain another assignment for that date, the amount of the deposit shall be forfeited by the Client.

This could be tweaked a bit to reflect different time frames since something like a shower isn't planned ahead timewise like a wedding might be.

I usually base the amount of the deposit on the services to be provided and will try to be a little flexible on a cancellation depending on the circumstances.

Taking pictures is the easy and fun part. The business end kinda sucks.

[Rhys]

OK. That's a thought...

Put in the contract rather than on the site. I notice many photographers don't quote their rates on their sites. How do you feel about that too?

[cdifoto]

I quote packages but have a statement saying the configurations aren't set in stone, with an invitation to call or email me for a custom package quote. I also make it super easy to get in touch by displaying my phone number in the header of every page....even those for proofing.

I also state that only a deposit will confirm their date.

I just booked an engagement session for the 28th a few minutes ago. We're meeting for coffee on the 27th so she can pay me. If for some odd reason she doesn't show or pay, I cross her name off in my day planner. I doubt that'll happen though, since I've met her for coffee before.

Be nice, but firm. Speak as though it's standard procedure. You have to take yourself seriously before anyone else will.

[adam75south]

would any of you wedding guys mind sharing your contracts? i really need to get legit if i keep booking weddings.

[cdifoto]

Not me. Mine's pretty relaxed, to be honest. It actually protects the client more than it protects me. :rolleyes:

[Rhys]

My contracts all come from a book but I'll paste the wedding version here.

Rhys Sage
SagePhotoWorld.com
803 477 5145

Bridal Shower Photography Contract


Client____________________________________________ ______________ Date_____________________
Address___________________________________________ ______________ Telephone ________________
__________________________________________________ _____________ Order Number______________
Bride’s Name_____________________________________ Groom’s Name____________________________
Address_________________________________________ Address__________________________________
_______________________________________________ _________________________________________
Couple’s future address __________________________________________________ ______________________

Description of Photographic Services to be Provided
[ ] Black and White print for Newspapers [ ] Bride only [ ] Bride and Groom
Number of previews or proofs to be shown to Client [ ] Color _______ [ ] Black and White _______
Locations for Photography [ ] Studio Date___________ Time___________
[ ] Home, address___________________________ Date___________ Time___________
[ ] Rehearsal, address________________________ Date___________ Time___________
[ ] Ceremony, address________________________ Date___________ Time___________
[ ] Reception, address________________________ Date___________ Time___________

Special Services, if required __________________________________________________ __________________
__________________________________________________ ____________________________________________

Charges. The package fee is based on the Photographer’s Standard Price List and includes the photographs described therein. If the fee is not based on a package but is a session fee, all photographs shall be billed in addition to the fee and in accordance with the Standard Price List. In addition to either the package fee or the session fee, the extra charges set forth below shall be billed if and when incurred.

[ ] Package Fee (Package number _____) .................................................. . $__________
[ ] Fee Without Package........................................... ................................ $__________

Extra Charges
Additional prints .................................................. ................................. $__________
Resitting......................................... .................................................. ... $__________
Special retouching .................................................. ............................ $__________
Special finishes.......................................... .......................................... $__________
Rush service........................................... .............................................. $__________
Unreturned previews .................................................. ......................... $__________
Overtime .................................................. ........................................... $__________
Travel............................................ .................................................. .... $__________
Other __________________________________________________ _____ $__________
Subtotal $__________
Sales tax $__________
Total Due $__________
Less deposit $__________
Balance Due $__________

The parties have read both the front and back of this Agreement, agree to all its terms, and acknowledge receipt of a complete copy of the Agreement signed by both parties. Each person signing as Client below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement.

Client __________________________ Client _________________________ Client _______________


Photographer ________________________________________ Date _____________________



This Agreement is subject to all the terms and conditions appearing on the reverse side.




Terms and Conditions

1. Exclusive Photographer. The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the wedding. Family and friends of the Client shall be permitted to photograph the wedding as long as they shall not interfere with the Photographer’s duties and do not photograph poses arranged by the Photographer.

2. Deposit and Payment. The Client shall make a deposit to retain the Photographer to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the balance due. If the Client refuses delivery of the order or refuses to pay within thirty (30) days of this order, Client shall be in default hereunder and shall pay _____ percent interest on the unpaid balance until payment is made in full.

3. Cancellation. If the Client shall cancel this Agreement thirty (30) or more calendar days before the wedding date, any deposit paid to the Photographer shall be refunded in full. If Client shall cancel within thirty days of the wedding date and if the Photographer does not obtain another assignment for that date, liquidated damages shall be charged in a reasonable amount not to exceed the deposit.

4. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make proofs and previews available to the Client for the purpose of selecting photographs, but such proofs and previews shall be on loan and, if they are not returned within fourteen (14) days of receipt by the Client, shall be charged to the Client at the same rate as finished prints of the same size. The Photographer may, with the Client’s permission, make the proofs available on a Web site or CD-ROM.

5. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client.

6. Client’s Usage. The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. If Client is obtaining a print for newspaper announcement of the wedding, Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall request that the newspaper run a credit for the Photographer adjacent to the photograph, but shall have no liability if the newspaper refuses or omits to do so.

7. Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.

8. Photographer. The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or of scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.

9. Inherent Qualities. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.

10. Photographer’s Standard Price List. The charges in this Agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

11. Client’s Originals. If the Client is providing original prints, negatives, or transparencies owned by the Client to the Photographer for duplication, framing, reference, or any other purpose, in the event of loss or damage the Photographer shall not be liable for an amount in excess of $_________ per image.

12. Arbitration. All disputes arising under this Agreement shall be submitted to binding arbitration before ______________________ in the following location ____________________________________ and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $__________.

13. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of ____________________.

[adam75south]

thanks rhys.

[cdifoto]

I'm either feeling generous...or bored. I'm not sure which.

Here's mine:

www.cdifoto.com/contract.pdf (http://www.cdifoto.com/contract.pdf)

It's only four pages, with the actual "cover my bum" terms taking just 2/3 of a page. The others, as you can see, are a cover sheet with their package details, a price list, and lastly their day and contact details...so I know where the heck I'm going, who I'm shooting, and what their phone numbers are in case I get lost. Having their address on file tells me where to send the products without buggin' 'em later.

[Mark_48]

Rhys, I have a feeling we got our contracts from the same place. I modded mine a bit to fit what I was doing.

[michaelb]

I'm either feeling generous...or bored. I'm not sure which.

Here's mine:

www.cdifoto.com/contract.pdf (http://www.cdifoto.com/contract.pdf)

It's only four pages, with the actual "cover my bum" terms taking just 2/3 of a page. The others, as you can see, are a cover sheet with their package details, a price list, and lastly their day and contact details...so I know where the heck I'm going, who I'm shooting, and what their phone numbers are in case I get lost. Having their address on file tells me where to send the products without buggin' 'em later.

Just curious. Have any of you guys ever been asked to do an event (wedding or otherwise) and thought to yourself, "no way, these people (bride, etc) are crazy! - they are going to be trouble" and declined to cover the event? Ever have issues from people who you didn't expect trouble from?

[Rhys]

Just curious. Have any of you guys ever been asked to do an event (wedding or otherwise) and thought to yourself, "no way, these people (bride, etc) are crazy! - they are going to be trouble" and declined to cover the event? Ever have issues from people who you didn't expect trouble from?

I played one idiot along who emailed asking for strange things. From the first email I was pretty sure he wasn't genuine. He went through (in order):
1. funeral photos of somebody not yet dead.
2. photos of the corpse.
3. his daughter's wedding
4. Opps no it was his niece's wedding.
5. wanting to see sample photos
6. wanting me to email him photos (not being happy with what's on my website).

When he found I wasn't going to send him photos of corpses and pretty girls, he went away. I thought "thank god". You can pretty much spot the timewasters from their first approach.

When I said I'd do this one, I thought I was helping somebody out. It all goes back to what I found when I worked with the scum of the Earth, 10 years ago - underprice yourself, be perceived to underprice yourself or offer something free and it'll just get thrown right back in your face. As my wife discovered (which is why she doesn't take Medicaid), people value only things that they have to pay for. She found her medicaid patients just wouldn't turn up so she went over 100% to paying patients.

[Rhys]

Rhys, I have a feeling we got our contracts from the same place. I modded mine a bit to fit what I was doing.

I'm going to have to mod mine a bit more. I'm thinking of offering different services too - stuff that most photographers don't offer. I want to be a mainly CD/DVD based service but... I'll have to work it all out again.

[cdifoto]

Just curious. Have any of you guys ever been asked to do an event (wedding or otherwise) and thought to yourself, "no way, these people (bride, etc) are crazy! - they are going to be trouble" and declined to cover the event? Ever have issues from people who you didn't expect trouble from?
I haven't been in the business very long or very hard so this hasn't really happened yet. I'm pretty blunt, open, and honest so it usually scares the bullshitters off straightaway and the folks with realistic expectations tend to like me a lot. Heck this young woman I just booked (mentioned earlier) said we'll probably go back to their place for cocktails after the e-session.

I do get the occasional phone call from some nut about doing pics in some form or another (first time it was her with her hubby in their service uniforms, second time it was her twin sons' senior portraits) but it never goes beyond paying her a little lip service on the phone and letting her talk it out. She then hangs up and that's that.

I haven't had a real normal > nut yet either. I'm forward enough that I'd likely just sit them down, talk it out, and iron out the issues. I'm actually looking forward to my first true bridezilla...I want to try a method I've been devising to deal with them. I'd like to see if it works the way I believe it will.

[michaelb]

...I'm actually looking forward to my first true bridezilla....

Thats a frightening title for sure!!

[cdifoto]

I'm a bit sadistic. I like challenges though.

[Mark_48]

I'm a bit sadistic. I like challenges though.

Challenge you say !!! Would ya do something like this one...

http://www.youtube.com/watch?v=6-hdSjjWveA&feature=related

Might be fun.....

[Rhys]

Challenge you say !!! Would ya do something like this one...

http://www.youtube.com/watch?v=6-hdSjjWveA&feature=related

Might be fun.....

Canadian Hell's Angels? I didn't realise you could ride a push-along scooter and call yourself a Hell's Angel!