Do your business and contract policies protect you?
Jul 29, 2017 14:11:39 #
Alright, we are not photojournalists operating in a war zone but compared to many other aspects of professional photography, wedding photography is a pretty rough and tumble business- physically, legally and mentally.
Hopefully, we are all working by formal written contracts. Perhaps there was a time in the distant past when we could go out and do a job on a handshake, after all, verbal contracts are legally binding. Nowadays, however, we live in a litigious society- everyone seems to be suing everyone else. The court calendars are loaded to capacity with all manner of civil cases. Even the TV reality show scene has at least four popular ongoing "Judge Judy" kinda programs on an ongoing basis. As businesspersons, in today's environment, we need good contracts that are are specifically designed to address the policies and issues of our industry and each of our our individual requirements.
There are standard contract forms that can be purchased at stationary stores or downloaded online. There are forms that are supposedly designed especially for photographers, perhaps even wedding photographers. Some of theses forms might be somewhat adequate but I don't recommend using theses contracts because the are usually too generalized. As individual and independent entrepreneurs, each of us have the right to enact, set, and enforce our own policies as long as they are legal and conform to all local, state (provincial) and federal consumer protection and contract laws. Each of us have different experiences, operate in different markets and require different protections for ourselves and our clients so we must customize our contract forms to meet our individual needs.
Of course, I am not a lawyer or even a para-legal. My legal education is limited to a high school course in commercial law. As basic and elementary as that course was, it gave me some insight into the anatomy of a contract, that is, what are the constituents of a binding agreement between two or more parties. My other "legal degree" is from the School of Hard Knocks" that one experiences after over five decades in the biz. Fortunately enough, my early bosses and mentors taught me well about theses matters and prepared me for the trials and tribulations of the business world but we all, including myself, have experienced some bad days, rough clients and near disasters. In my years, I have also observed some unmitigated business and financial catastrophes and many other photographer's complaints and tales of woe that could have been prevented by a stronger and better organized contract.
Very basically, a contract is formed when the parties negotiate, have a meeting of the minds, agree on a body of services and/or merchandise to be furnished for a consideration of remunerations or price. Pretty simple to start with- it's what the customer gets for the money and how much money is involved. The contract spells out exactly what all the parties need to do to fulfill the obligations of the contract. Simple enough but the devil is in the details, the polices and stipulations that are part of the agreement.
My particular contract form includes the exact wedding day schedule as per time and place of each event of the coverage including preliminary photo sessions, the ceremony, formal session and the reception. Of course, this helps organize the logistics of the day but importantly, it also makes for a TIME SENSITIVE CONTRACT. This means that we have to be there, on time, for each of the scheduled events and our services are LIMITED to that day and can not be automatically transferred to another future day or time. This supports the fact that we are exclusively hired for that date and time, we have reserved that time slot and that the contract is not subject to cancellation. Time sensitivity works both ways.
I cover the entire event- end to end. If you work by the hour or within a certain time limit- this should be specified.
There is a carefully specified list of all services merchandise that is to be included in the price. This includes any prints, albums, CDs, DVDs or other recorded media, video media, picture frames and or other. accessories. When applicable, model numbers, styles, colors, and other specifics are carefully noted.
Just about every time I chat with other wedding shooters or come to an online forum, I always hear complaints of amateur photographer's interference. This is indeed very problematic because there is very little we can do, legally or practically speaking, to completely manage family members and guests who insist on getting in our way. In the field it becomes a matter of people skills and diplomacy.I do, however, still insist in an exclusivity clause in my contract. The clause stipulates that we are the exclusive photographers for the event and that no other photographs will be permitted to operate photographic, lighting or video equipment while we are operating. This may sound very harsh but I explain to the clients that we are not gonna cause a scene, get nasty or try to eject or push away anyone. We just want the authority to manage folks if things get out of hand to the extent that any interference infringes on our ability to deliver a top-notch job for the bride and groom. This clause also stipulates that there will be an addition retouching charge for removal of people of stuff that end up spoiling important images. In all theses years, I have only had to show that clause to one cranky and obtrusive guest who just became an ongoing pest. It did the trick.
Morally speaking, I don't believe in one-sided deals. If all parties to a deal or a contract are not happy and comfortable with the terms and the deal itself, it's a bad deal from the get-go and aggravation is bound to ensue. We want to stipulate our terms, we want to get our fees on time- we want to get paid and make a fair profit. In return we want to deliver our best work and assure our clients of the finest quality and service. So we GUARANTEE our work but we do limit our liability. Our guarantee states that we fully guarantee our work as to high standards of professional photographic, coverage, image quality, and craftsmanship of all merchandise, HOWEVER, in the event of non-performance due to circumstance beyond our control, the studio's liability is strictly limited to return of monies received.
Financial stuff: We itemize the fees and costs of each service or package and total it up. We itimize all sales taxes. The we specify the terms and schedule of payments. We stipulate, in no uncertain terms, that all deposits and retainers are non-refundable in the event of cancellation. After all, what is the sense of asking for a deposit if it has no compensation in the event of an unforeseen cancellation. As I have written in other posts, this may seem harsh to some of y'all, but it gives ME the option of returning the deposit if I feel that the client has suffered a serous financial setback such as a job loss, an illness or G-d forbid a loss in the family. Sometimes bad things happen to good folks. I have returned deposits or held the money in-trust for a reschedule of the wedding day. We have had a few cases where the client reserved a number of photographers and then decided to pick and choose after the fact. Sometimes bad things happen (or are inflicted on) to good photographers, that's why we need to enact non-refundable deposits and retainers.
You should state in your polices that you retain all copyright privileges and that unauthorized reproduction of your images is prohibited. It is up to you whether or not you want to sell your rights but you need to own them in the first place.
Delivery and production times: Your contract should state the approximate time of deliver of all media and other items, such as prints and albums that are included in the contract. My contract states the proximate delivery times but also states that there may be unforeseen delays in production on items that we outsource like leather bound custom made albums and imported goods. We guarantee delivery dates on all in-house made items but we always over estimate the time and deliver earlier- its safer. We also promise to keep our client updated on those seasonal production delays on outsourced and imported items.
SEE A LAWYER! After you have formulated you polices or augment you present contract form, it's wise to consult with you lawyer. Yes, that will cost you some money, but it is money well spent. Your lawyer will make certain that you polices conform to all the applicable laws and may suggest addition or modifications. Believe me, the cost of consulting with you lawyer in advance, as a preventative measure, pales in comparison in what it will cost to defend a nasty lawsuit or go after a client who has violated the terms of a contract.
INSURANCE: As I mentioned at the start of this post, wedding photography is a rough and tumble job. It can be rough on your equipment as well so make sure it is well insured against accidental breakage, theft, damage from an automobile accident- even a minor one can mess up delicate gear. Unlike studio work, we are transporting our gear all over the place, hanging it around our necks, dangling it from our shoulders or belts- it's gonna take a beating.
Liability insurance is mandatory for the wedding photographer. We are always working on other people's turf, in homes churches, halls, gardens, and reception venues. We are working with electronics, batteries, power supplies, sometimes heat generating lights and heavy tripods and light stands. All of this gear can accidentally cause fire, damages and scratches to furnishings. If someone trips on an extension cord, you can be in for a lawsuit. So...be wise and make sure you have coverage.
So...what's with that MENTAL anguish that I alluded to in my first paragraph. Sometimes the business of wedding photography can be just as rough and tough on our mental health as it can be on our gear- we are all humans and not hardware. Good business practices can minimize mess-ups, chaos and distraction that can arise form customer dissatisfaction or even the possibility of minor misunderstandings can can turn into major upsets. If everyone concerned is LITERALLY on the same page, this will go smoother. A strong and comprehensive contract will help vet or qualify your clients. The few folks who want to pull off shenanigans and do you dirty will go elsewhere when faced with a strong and reasonable contract.
Indemnity insurance is another matter. This kind of insurance protects you and your clients in the even that something goes terribly wrong and you can not preform or delver the work you have promised. Even if your contract includes the aforementioned limitation of liability, in some cases or jurisdictions, you can still be held personally responsible. The P.P.of A has an indemnity plan- it's worth the membership fee and the additional cost.
I realize that the old pros around here probably know most of this stuff but y'all would be surprised at how many great, creative, artistic and savvy shooters pay little attention to some of theses business matters, that is, until something bad happens or there are ambiguities and unpleasant customer issues arise.
My first boss and mentor, Harry. was a very wise man and a great candid shooter. He had a little black note pad and would make notes about little things that would go wrong from time to time- some little things- some bigger pains in the neck. He never made rash decisions or changes based on one bad experience but every few months, we would all sit down and go through the little black notebook and talk things over. Then Harry would augment our polices and contract stipulations to prevent further ongoing problems. That little back book could have been made into some kinda BIBLE for wedding photographers! Harry is till with us- he is 94 years old and covered wedding into his 80s. The business still exists in Brooklyn, New York- I heard one of his grand kids is running it.
In honor of Harry and with kind regards and good suggestions, Ed
Hopefully, we are all working by formal written contracts. Perhaps there was a time in the distant past when we could go out and do a job on a handshake, after all, verbal contracts are legally binding. Nowadays, however, we live in a litigious society- everyone seems to be suing everyone else. The court calendars are loaded to capacity with all manner of civil cases. Even the TV reality show scene has at least four popular ongoing "Judge Judy" kinda programs on an ongoing basis. As businesspersons, in today's environment, we need good contracts that are are specifically designed to address the policies and issues of our industry and each of our our individual requirements.
There are standard contract forms that can be purchased at stationary stores or downloaded online. There are forms that are supposedly designed especially for photographers, perhaps even wedding photographers. Some of theses forms might be somewhat adequate but I don't recommend using theses contracts because the are usually too generalized. As individual and independent entrepreneurs, each of us have the right to enact, set, and enforce our own policies as long as they are legal and conform to all local, state (provincial) and federal consumer protection and contract laws. Each of us have different experiences, operate in different markets and require different protections for ourselves and our clients so we must customize our contract forms to meet our individual needs.
Of course, I am not a lawyer or even a para-legal. My legal education is limited to a high school course in commercial law. As basic and elementary as that course was, it gave me some insight into the anatomy of a contract, that is, what are the constituents of a binding agreement between two or more parties. My other "legal degree" is from the School of Hard Knocks" that one experiences after over five decades in the biz. Fortunately enough, my early bosses and mentors taught me well about theses matters and prepared me for the trials and tribulations of the business world but we all, including myself, have experienced some bad days, rough clients and near disasters. In my years, I have also observed some unmitigated business and financial catastrophes and many other photographer's complaints and tales of woe that could have been prevented by a stronger and better organized contract.
Very basically, a contract is formed when the parties negotiate, have a meeting of the minds, agree on a body of services and/or merchandise to be furnished for a consideration of remunerations or price. Pretty simple to start with- it's what the customer gets for the money and how much money is involved. The contract spells out exactly what all the parties need to do to fulfill the obligations of the contract. Simple enough but the devil is in the details, the polices and stipulations that are part of the agreement.
My particular contract form includes the exact wedding day schedule as per time and place of each event of the coverage including preliminary photo sessions, the ceremony, formal session and the reception. Of course, this helps organize the logistics of the day but importantly, it also makes for a TIME SENSITIVE CONTRACT. This means that we have to be there, on time, for each of the scheduled events and our services are LIMITED to that day and can not be automatically transferred to another future day or time. This supports the fact that we are exclusively hired for that date and time, we have reserved that time slot and that the contract is not subject to cancellation. Time sensitivity works both ways.
I cover the entire event- end to end. If you work by the hour or within a certain time limit- this should be specified.
There is a carefully specified list of all services merchandise that is to be included in the price. This includes any prints, albums, CDs, DVDs or other recorded media, video media, picture frames and or other. accessories. When applicable, model numbers, styles, colors, and other specifics are carefully noted.
Just about every time I chat with other wedding shooters or come to an online forum, I always hear complaints of amateur photographer's interference. This is indeed very problematic because there is very little we can do, legally or practically speaking, to completely manage family members and guests who insist on getting in our way. In the field it becomes a matter of people skills and diplomacy.I do, however, still insist in an exclusivity clause in my contract. The clause stipulates that we are the exclusive photographers for the event and that no other photographs will be permitted to operate photographic, lighting or video equipment while we are operating. This may sound very harsh but I explain to the clients that we are not gonna cause a scene, get nasty or try to eject or push away anyone. We just want the authority to manage folks if things get out of hand to the extent that any interference infringes on our ability to deliver a top-notch job for the bride and groom. This clause also stipulates that there will be an addition retouching charge for removal of people of stuff that end up spoiling important images. In all theses years, I have only had to show that clause to one cranky and obtrusive guest who just became an ongoing pest. It did the trick.
Morally speaking, I don't believe in one-sided deals. If all parties to a deal or a contract are not happy and comfortable with the terms and the deal itself, it's a bad deal from the get-go and aggravation is bound to ensue. We want to stipulate our terms, we want to get our fees on time- we want to get paid and make a fair profit. In return we want to deliver our best work and assure our clients of the finest quality and service. So we GUARANTEE our work but we do limit our liability. Our guarantee states that we fully guarantee our work as to high standards of professional photographic, coverage, image quality, and craftsmanship of all merchandise, HOWEVER, in the event of non-performance due to circumstance beyond our control, the studio's liability is strictly limited to return of monies received.
Financial stuff: We itemize the fees and costs of each service or package and total it up. We itimize all sales taxes. The we specify the terms and schedule of payments. We stipulate, in no uncertain terms, that all deposits and retainers are non-refundable in the event of cancellation. After all, what is the sense of asking for a deposit if it has no compensation in the event of an unforeseen cancellation. As I have written in other posts, this may seem harsh to some of y'all, but it gives ME the option of returning the deposit if I feel that the client has suffered a serous financial setback such as a job loss, an illness or G-d forbid a loss in the family. Sometimes bad things happen to good folks. I have returned deposits or held the money in-trust for a reschedule of the wedding day. We have had a few cases where the client reserved a number of photographers and then decided to pick and choose after the fact. Sometimes bad things happen (or are inflicted on) to good photographers, that's why we need to enact non-refundable deposits and retainers.
You should state in your polices that you retain all copyright privileges and that unauthorized reproduction of your images is prohibited. It is up to you whether or not you want to sell your rights but you need to own them in the first place.
Delivery and production times: Your contract should state the approximate time of deliver of all media and other items, such as prints and albums that are included in the contract. My contract states the proximate delivery times but also states that there may be unforeseen delays in production on items that we outsource like leather bound custom made albums and imported goods. We guarantee delivery dates on all in-house made items but we always over estimate the time and deliver earlier- its safer. We also promise to keep our client updated on those seasonal production delays on outsourced and imported items.
SEE A LAWYER! After you have formulated you polices or augment you present contract form, it's wise to consult with you lawyer. Yes, that will cost you some money, but it is money well spent. Your lawyer will make certain that you polices conform to all the applicable laws and may suggest addition or modifications. Believe me, the cost of consulting with you lawyer in advance, as a preventative measure, pales in comparison in what it will cost to defend a nasty lawsuit or go after a client who has violated the terms of a contract.
INSURANCE: As I mentioned at the start of this post, wedding photography is a rough and tumble job. It can be rough on your equipment as well so make sure it is well insured against accidental breakage, theft, damage from an automobile accident- even a minor one can mess up delicate gear. Unlike studio work, we are transporting our gear all over the place, hanging it around our necks, dangling it from our shoulders or belts- it's gonna take a beating.
Liability insurance is mandatory for the wedding photographer. We are always working on other people's turf, in homes churches, halls, gardens, and reception venues. We are working with electronics, batteries, power supplies, sometimes heat generating lights and heavy tripods and light stands. All of this gear can accidentally cause fire, damages and scratches to furnishings. If someone trips on an extension cord, you can be in for a lawsuit. So...be wise and make sure you have coverage.
So...what's with that MENTAL anguish that I alluded to in my first paragraph. Sometimes the business of wedding photography can be just as rough and tough on our mental health as it can be on our gear- we are all humans and not hardware. Good business practices can minimize mess-ups, chaos and distraction that can arise form customer dissatisfaction or even the possibility of minor misunderstandings can can turn into major upsets. If everyone concerned is LITERALLY on the same page, this will go smoother. A strong and comprehensive contract will help vet or qualify your clients. The few folks who want to pull off shenanigans and do you dirty will go elsewhere when faced with a strong and reasonable contract.
Indemnity insurance is another matter. This kind of insurance protects you and your clients in the even that something goes terribly wrong and you can not preform or delver the work you have promised. Even if your contract includes the aforementioned limitation of liability, in some cases or jurisdictions, you can still be held personally responsible. The P.P.of A has an indemnity plan- it's worth the membership fee and the additional cost.
I realize that the old pros around here probably know most of this stuff but y'all would be surprised at how many great, creative, artistic and savvy shooters pay little attention to some of theses business matters, that is, until something bad happens or there are ambiguities and unpleasant customer issues arise.
My first boss and mentor, Harry. was a very wise man and a great candid shooter. He had a little black note pad and would make notes about little things that would go wrong from time to time- some little things- some bigger pains in the neck. He never made rash decisions or changes based on one bad experience but every few months, we would all sit down and go through the little black notebook and talk things over. Then Harry would augment our polices and contract stipulations to prevent further ongoing problems. That little back book could have been made into some kinda BIBLE for wedding photographers! Harry is till with us- he is 94 years old and covered wedding into his 80s. The business still exists in Brooklyn, New York- I heard one of his grand kids is running it.
In honor of Harry and with kind regards and good suggestions, Ed
Aug 1, 2017 19:30:22 #
Perfect timing!
I was just looking for a guide for making a contract, and came here first. what luck!
I've been debating on just getting bonded, but think instead I'll go with Liability insurance.
Thanks again for sharing Ed, I try to avoid all the 'hard knocks' I can :)
I was just looking for a guide for making a contract, and came here first. what luck!
I've been debating on just getting bonded, but think instead I'll go with Liability insurance.
Thanks again for sharing Ed, I try to avoid all the 'hard knocks' I can :)
Aug 2, 2017 08:48:42 #
Not sure what lawyers cost in various areas of the country, but I did my own, then took it to a lawyer, who almost rewrote the entire thing to where I didn't recognize it. After meeting with him and going over things, I still only (I know, it sounds like a lot, but once it's paid for, you have it pretty much forever) I think it cost me about $300. As I read through Ed's list, it's all there, so I'm fairly sure that at least some lawyers do know their stuff.
On insurance, at one time I just got my business insurance from someone I found online. Eventually, I registered to be a member of PPA. They include $15k of equipment insurance, but you can pay to get more. They have a very competitive price on liability insurance. It is quite a bit lower than what I was paying anyway. They include "indemnification trust" (they go to bat for you on "professional liability claims" like when someone accuses you of not doing a good job, or "ruining their wedding") If they lose the case, they will pay to reenact the entire wedding if needed. All told, between that, and a very extensive learning library for everything from business to posing, it's about $300/year, which is less than what I was paying for just the liability and professional liability (indemnification) insurance. Having that $15k of equipment insurance is very nice to have, and I refer to the learning library at least once a week.
On insurance, at one time I just got my business insurance from someone I found online. Eventually, I registered to be a member of PPA. They include $15k of equipment insurance, but you can pay to get more. They have a very competitive price on liability insurance. It is quite a bit lower than what I was paying anyway. They include "indemnification trust" (they go to bat for you on "professional liability claims" like when someone accuses you of not doing a good job, or "ruining their wedding") If they lose the case, they will pay to reenact the entire wedding if needed. All told, between that, and a very extensive learning library for everything from business to posing, it's about $300/year, which is less than what I was paying for just the liability and professional liability (indemnification) insurance. Having that $15k of equipment insurance is very nice to have, and I refer to the learning library at least once a week.
Aug 2, 2017 13:00:50 #
bkyser wrote:
...... All told, between that, and a very extensive learning library for everything from business to posing, it's about $300/year, which is less than what I was paying for just the liability and professional liability (indemnification) insurance. Having that $15k of equipment insurance is very nice to have, and I refer to the learning library at least once a week.
Thanks for pointing that out. evertime I start to join PPA - I think I just can't afford another site right now. But now that I'm shopping insurance, thats sounds like a need-not a want! :)
I talked to a business lawyer in calif once, he wanted $3000 ... And explained how 'cheap' that was if I ever needed it for protection.
But, I didn't like the spirit or language in his examples, very one sided as ED referred to. & extremely hard reading. I would have felt bad trying to explain it.
So I copied a free one online - very rudimentary.
I have learned to size up my customers, no matter what the job, photography or not.... If the customer seems sketchy - I politely refuse the job (sometimes repeatably)... because I can't afford to get burned. And I have had several friends, who thought they couldn't afford to turn down 'any' job... & got burned REALLY bad.
I'm a sucker for a hard luck story, And just turned down a job - that I spent 3 days bidding, that I cut to the tooth (trying hard to help them). I was willing to go less than half of what I wanted. ...then the games started..."what if you give us the files and we print them"..."how much will you cut if..."
I really needed the work, but wasn't going to make much anyways, and this was going sideways quick. So I'd rather drop the job and whine about losing it...than do the job and whine about how much it cost me and they didn't pay!
P.s.s.s...I'm not claiming I haven't been burned...I have, several times - But it's been years since they got me good.
Thanks again for your contract and insurance suggestions.
Aug 2, 2017 15:09:59 #
BermBuster wrote:
Thanks for pointing that out. evertime I start to ... (show quote)
PPA also offers free sample contracts to members. (and model releases, and.....) I had already paid for mine, so I'm not going to redo it.... but it's another good reason to go with PPA. That alone would more than pay for itself. Even without the insurance.
Nope, I don't get commission (wish I did) I just found it to be a great resource, and the insurance tops it off. Their "Professional Photographer Magazine" is also included, and is by far the best photography magazine I've gotten for a while. It actually has articles. (You know, how Pop Photo was 30 pages of ads, and a couple letters to the editor?) This has ads, but also good info.
Aug 4, 2017 09:23:26 #
I have always though that one-sided deals are unfair and problematic. Simply stated, if all the parties to a deal or a contract are not comfortable with the agreement, it is, in effect, not worth the paper it is printed on. Sure, it may be enforceable in a court of law but the amount of stress and aggravation that can arise from adversary relationships with clients, well- there isn't enough money to pay for that kind of disruption and waste of time and energy let alone the bad public relations.
Some photographers that attended my workshops and seminars, at first, remarked that my contract looked looked like a "death warrant"! That is, until we spent a hour studying its content and my explaining exactly how I use it, not only as a protectional legal instrument, for all parties, but as an effective SELLING TOOL" as well.
As soon as a sales meeting begins, the contract form is on the table. If the sale is not closed, the form acts as an official quotation that they can take with them. The form also states that the contract is not valid until signed by all parties and sealed with my corporate seal. If they don't book right then and there, they can still take the form home and study the terms and conditions at their leisure. I don't use "small print" or complex legal terminology- plain English and French (I'm in Canada) .
As we go through the "schedule" part of the form, the couple is assured that they the will receive a complete, beginning to end comprehensive coverage of their event and all the logistics, dates, times and details are carefully planed and noted. It is also stipulated that I will personally attend the event along with my crew. This is important because some studios in my area would over-book and bring in part-time seasonal shooters much to the unpleasant surprise of the clients who where expecting the principle photographer to attend.
Next, we carefully itemize all of the services and merchandise that is to be included in the contract. We advise, at this time, as to what the client will REALLY need to address their wants and needs so that they don't feel that the are gettin a minimal package or that there is gonna be a "bait and switch" deal after the fact. I always tell folks that the can expand their order after the wedding but that is is more prudent for them to know the REAL cost of their photography. Some studious in my area will try to book every wedding they can at virtually any price, on speculation, and then resort to pressure sales and unexpected options after the fact- I avoid that like the plague!
The exact total value of the contract, the applicable sales taxes and the method and schedule of payments are clearly set out.
I have always found that AMBIGUITY is BAD BUSINESS so we go through all the policies and stipulations before completing the agreement. I want to make certain that everyone is on the same page and comfortable with everything and if there are any points of contention or objections, I want to settle them before they become problematic. My experience is that folks appreciate transparency, honesty and straight forward information. I am not in business to turn away clients but I would rather loose a job than end up with a dissatisfied client.
I want to get all the business dealings settled and out of the way long before the wedding date. When the clients are assured that we are there to do our best work and everything that we are doing is on their behalf and for their benefit, things just go smoother and everyone has a great time.
Kindest regards, Ed
Some photographers that attended my workshops and seminars, at first, remarked that my contract looked looked like a "death warrant"! That is, until we spent a hour studying its content and my explaining exactly how I use it, not only as a protectional legal instrument, for all parties, but as an effective SELLING TOOL" as well.
As soon as a sales meeting begins, the contract form is on the table. If the sale is not closed, the form acts as an official quotation that they can take with them. The form also states that the contract is not valid until signed by all parties and sealed with my corporate seal. If they don't book right then and there, they can still take the form home and study the terms and conditions at their leisure. I don't use "small print" or complex legal terminology- plain English and French (I'm in Canada) .
As we go through the "schedule" part of the form, the couple is assured that they the will receive a complete, beginning to end comprehensive coverage of their event and all the logistics, dates, times and details are carefully planed and noted. It is also stipulated that I will personally attend the event along with my crew. This is important because some studios in my area would over-book and bring in part-time seasonal shooters much to the unpleasant surprise of the clients who where expecting the principle photographer to attend.
Next, we carefully itemize all of the services and merchandise that is to be included in the contract. We advise, at this time, as to what the client will REALLY need to address their wants and needs so that they don't feel that the are gettin a minimal package or that there is gonna be a "bait and switch" deal after the fact. I always tell folks that the can expand their order after the wedding but that is is more prudent for them to know the REAL cost of their photography. Some studious in my area will try to book every wedding they can at virtually any price, on speculation, and then resort to pressure sales and unexpected options after the fact- I avoid that like the plague!
The exact total value of the contract, the applicable sales taxes and the method and schedule of payments are clearly set out.
I have always found that AMBIGUITY is BAD BUSINESS so we go through all the policies and stipulations before completing the agreement. I want to make certain that everyone is on the same page and comfortable with everything and if there are any points of contention or objections, I want to settle them before they become problematic. My experience is that folks appreciate transparency, honesty and straight forward information. I am not in business to turn away clients but I would rather loose a job than end up with a dissatisfied client.
I want to get all the business dealings settled and out of the way long before the wedding date. When the clients are assured that we are there to do our best work and everything that we are doing is on their behalf and for their benefit, things just go smoother and everyone has a great time.
Kindest regards, Ed
Aug 4, 2017 12:49:26 #
E.L.. Shapiro wrote:
...... My experience is that folks appreciate transparency, honesty and straight forward information......
Kindest regards, Ed
Kindest regards, Ed
I like the way you think and do business. I hate high pressure sales, and bait and switch. I have worked with people like that in other business dealings for years, and I never accepted it.
A question: You have your standard contract, But how do you 'tailor' it for each client?
I'm wondering, do you have blank lines at the end, and just pencil in specifics before you sign? Or maybe, have the client come back later to sign the final - after you have typed those changes in?
Aug 4, 2017 14:02:46 #
I can't speak for Ed. (wish I were good enough to do that)
On mine, I have a page at the end that says "alterations to contract" which is where I put notes on things like "rather get more pages in the album, than have a slideshow" or "No engagement photos needed, deduct $X." Whatever the changes are. We both sign and keep copies of that page along with the main contract.
I do keep 3 separate contracts with my 3 wedding coverages, but that is still a guideline. I use the contract that is closest to what they want, then we make changes, and adjust price accordingly. I don't pull prices out of the air. I actually have a breakdown of what each portion of the contract, like how much an album is worth, how much per extra spread, how much a slideshow is worth, etc.... we can trade item for item with same value, or adjust the price.
I also like to explain to them when they see the many pages of paperwork that are all together with the contract itself, that this protects them as much as it protects me. I show them the parts that say things about if I miss a deadline, etc. I don't think most people do that. I give myself more time than I need (part of the under promise, over deliver), to make sure that they get their products sooner than they expect. Example, I tell them that it may take up to 6 weeks to get an album back. From the time I order, until it's back, is usually a week. That gives me plenty of time to lay it out, maybe even combine a few orders to save on shipping, etc... and still have it to them a couple of weeks early.
I don't make a big deal of it in advance, but when I deliver prints or albums, I always have them in a very nice presentation package, with a thank you card, and a couple of business cards under the album to give to their friends.
The presentation box may cost an extra $10, but the difference between handing them a "book" and a beautifully boxed album, is another thing that I think sets me apart from the lower end crowd.
It's funny, because in Ed's world, I'm considered the low end, but around here, I'm close to the top of the price range. If they are spending more with me, I feel that they should get the "red carpet treatment" That's another thing I learned from my old mentor.
On mine, I have a page at the end that says "alterations to contract" which is where I put notes on things like "rather get more pages in the album, than have a slideshow" or "No engagement photos needed, deduct $X." Whatever the changes are. We both sign and keep copies of that page along with the main contract.
I do keep 3 separate contracts with my 3 wedding coverages, but that is still a guideline. I use the contract that is closest to what they want, then we make changes, and adjust price accordingly. I don't pull prices out of the air. I actually have a breakdown of what each portion of the contract, like how much an album is worth, how much per extra spread, how much a slideshow is worth, etc.... we can trade item for item with same value, or adjust the price.
I also like to explain to them when they see the many pages of paperwork that are all together with the contract itself, that this protects them as much as it protects me. I show them the parts that say things about if I miss a deadline, etc. I don't think most people do that. I give myself more time than I need (part of the under promise, over deliver), to make sure that they get their products sooner than they expect. Example, I tell them that it may take up to 6 weeks to get an album back. From the time I order, until it's back, is usually a week. That gives me plenty of time to lay it out, maybe even combine a few orders to save on shipping, etc... and still have it to them a couple of weeks early.
I don't make a big deal of it in advance, but when I deliver prints or albums, I always have them in a very nice presentation package, with a thank you card, and a couple of business cards under the album to give to their friends.
The presentation box may cost an extra $10, but the difference between handing them a "book" and a beautifully boxed album, is another thing that I think sets me apart from the lower end crowd.
It's funny, because in Ed's world, I'm considered the low end, but around here, I'm close to the top of the price range. If they are spending more with me, I feel that they should get the "red carpet treatment" That's another thing I learned from my old mentor.
Aug 4, 2017 14:27:25 #
Thanks Bkyser,
Thats really neat! I like how you go the extra mile, that would set you apart in my book!
Thats really neat! I like how you go the extra mile, that would set you apart in my book!
Aug 4, 2017 14:32:57 #
BermBuster wrote:
Thanks Bkyser,
Thats really neat! I like how you go the extra mile, that would set you apart in my book!
Thats really neat! I like how you go the extra mile, that would set you apart in my book!
Getting married any time soon? HA
Aug 4, 2017 14:37:51 #
Haha, Too late!
But I was one of those who couldn't afford pictures :) or a reception!
But I was one of those who couldn't afford pictures :) or a reception!
Aug 4, 2017 22:35:40 #
Since most of my wedding work, nowadays, is brought in on referral, it is very important that my prices be consistent fro each and every client. I always work from a printed price schedule which lists the prices of all of my packages as well as a-la-carte prices for individual items. The clients can opt for a package or we can create a custom ensemble for them using the individual prices and then applying a discount.
My contract form is uniform and standard. The package or custom ensemble that is selected is itemized and noted in the section where the services and merchandise is described and priced. I do have plenty of space for special requests, notes or special services. There is also a special "who's who" section in the planing part of the form where members of the bridal party, parents, special friends or relatives are named and listed to make certain that all the important family members and guests are included in the photographs.
The price list is attached to the contract to ensure that the client gets the prices that were in effect at the time of the signing up until the final delivery of their order and for a reasonable time there after. Some of our clients book a year in advance and may not place their final order for a few months after the wedding. In the interim some of my prices may have increased- I always honor the prices that applied at the date of booking.
YES! Packaging is so important! We have lots of tissue paper, fancy boxes, ribbon, and even some cool shopping bags. It' kinda anticlimactic for someone to spend hundreds or even thousands of dollars only to receive their work in a polyethylene lab bag or a drab cardboard box. Also- we want to make sure that their albums and frames are nicely protected and easy to carry out to their car or even take home on public transportation. We have some felt bags to protect albums and frames even before we place them in a box or a fancy bag. Unframed prints are always delivered in cardboard matte/folders or leather folios. We have small boxes for wallet size prints and special envelopes and boxes for CDs. All of this packaging is imprinted with my studio name and logo. I want to reinforce the idea that the customers are not buying "photofinishing" but rather custom crafted and printed fine photography.
Bob! Don't feel bad about your price point. I have never even suggested, let alone told any photographer how or what to charge for their services. We live on a big planet and the socioeconomic conditions, people's buying habits and all kids of variables exist form one geographic location to another. When I lived and worked in New York City, there were big economic differentials form one neighborhood, ethnic group or community to another, sometimes just across a street or within a walking distance form one place to another.
The only pricing advice I ever offer is to create a solid business plan and make certain that your prices cover your overhead expenses, your costs of sales and a fair and decent profit for your heard work-don't forget to pay yourself- you are your most valuable "employee"! At one time, I maintained a very large "brick and mortar" studio with a fairly large staff and lots of overhead expenses. Our prices for wedding photography was on the high end but our profits, when all was said and done, was minimal. My commercial work and portraiture was far more profitable and less costly to produce. If you are a solo operator, working from your home base, you can stand to do better, even at a more moderate price structure.
Kindest regards, Ed
My contract form is uniform and standard. The package or custom ensemble that is selected is itemized and noted in the section where the services and merchandise is described and priced. I do have plenty of space for special requests, notes or special services. There is also a special "who's who" section in the planing part of the form where members of the bridal party, parents, special friends or relatives are named and listed to make certain that all the important family members and guests are included in the photographs.
The price list is attached to the contract to ensure that the client gets the prices that were in effect at the time of the signing up until the final delivery of their order and for a reasonable time there after. Some of our clients book a year in advance and may not place their final order for a few months after the wedding. In the interim some of my prices may have increased- I always honor the prices that applied at the date of booking.
YES! Packaging is so important! We have lots of tissue paper, fancy boxes, ribbon, and even some cool shopping bags. It' kinda anticlimactic for someone to spend hundreds or even thousands of dollars only to receive their work in a polyethylene lab bag or a drab cardboard box. Also- we want to make sure that their albums and frames are nicely protected and easy to carry out to their car or even take home on public transportation. We have some felt bags to protect albums and frames even before we place them in a box or a fancy bag. Unframed prints are always delivered in cardboard matte/folders or leather folios. We have small boxes for wallet size prints and special envelopes and boxes for CDs. All of this packaging is imprinted with my studio name and logo. I want to reinforce the idea that the customers are not buying "photofinishing" but rather custom crafted and printed fine photography.
Bob! Don't feel bad about your price point. I have never even suggested, let alone told any photographer how or what to charge for their services. We live on a big planet and the socioeconomic conditions, people's buying habits and all kids of variables exist form one geographic location to another. When I lived and worked in New York City, there were big economic differentials form one neighborhood, ethnic group or community to another, sometimes just across a street or within a walking distance form one place to another.
The only pricing advice I ever offer is to create a solid business plan and make certain that your prices cover your overhead expenses, your costs of sales and a fair and decent profit for your heard work-don't forget to pay yourself- you are your most valuable "employee"! At one time, I maintained a very large "brick and mortar" studio with a fairly large staff and lots of overhead expenses. Our prices for wedding photography was on the high end but our profits, when all was said and done, was minimal. My commercial work and portraiture was far more profitable and less costly to produce. If you are a solo operator, working from your home base, you can stand to do better, even at a more moderate price structure.
Kindest regards, Ed
Aug 5, 2017 00:09:51 #
Thanks for all really good info and suggestions!
I like how all this could be universally used in many applications.
I like how all this could be universally used in many applications.
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