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When do you need a contract? (continued)

Likewise, shooting property must be respected in the same manner. If you take pictures of Stephen King's house to put in your scrapbook, for example... that's perfectly okay. However, if you're planning on enlarging the photographs and selling them at an art gallery, then you must have a Property Release.

New photographers often have numerous questions about what to write in a contract. In general, there are hundreds of generic versions of an acceptable contract that will appear on search engines. You could use one as a template to create your own contract. Over time, you will learn to add things or delete unnecessary wording that may have initially been placed within the stipulations. You can also customize a contract to be applicable for the job you are performing.

Decisions, decisions
First of all, many decisions must be made prior to writing your contract. I would suggest preparing a list. Answer any questions to yourself as if you were a customer. Here are some examples:

  • How much is the required deposit?
  • When is the final payment due?
  • What is the cancellation policy and will I get a refund?
  • Who owns the copyright of the images once they are taken?
  • How fast will you deliver the finished product?
  • What is the liability in the case of bad weather, mistakes, bad facial expressions or any other calamities?
  • What is the time limit?
  • Who will cover travel expenses including meals, hotel, flights, etc.?
  • What happens in the case of interference from outside parties, for example guests taking pictures at a reception or people getting in the way?
  • Is it necessary to have meetings or consultations prior to the photo shoot? If so, how often?
  • How long after the event do I have to order additional images?
  • Whose responsibility is it to complete the order?
  • Will the photos be used for any other clients or for advertising, portfolios or magazines?
  • Is editing or retouching included?
  • What is included with the package?

Obviously, there could be more questions depending on the assignment. This is simply a brief list to get you started with an appropriate document. Make sure all of the terms are outlined very clearly in understandable lingo. Using technical terms may just confuse the customer and make them hesitant to sign on the dotted line. To make it official, make sure to include the date. Give one signed copy to the client and leave one in your own records.

Always collect a deposit with your contract. Do not offer refunds if the event is cancelled within approximately ninety days of the scheduled shoot. You may wish to offer a partial refund or extend your services to the customer if they choose to reschedule at a later date.

Doing copyright right
You must also be aware of the necessity of a Copyright Release. This is a form you must give your client if you are selling them the rights to their images. For example, if you shoot an engagement or family portrait session and offer them a high-resolution CD with their images, they will not be able to take the CD to a lab and have the pictures processed unless they have consent from the photographer.


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