Best Business Practices for Photographers [132]
On a regular basis, we review and revise our contracts to reflect client feedback in terms of clarity, our own needs for ease of use, the transition from word processor to our FileMaker database we wrote, as well as changes in contract law that would reveal that perhaps there was a loophole or other cause for concern in the contracts. Following are our latest contracts (as of late 2009) that we have put into use. We engaged our attorney to review existing contract language, terms and conditions, and such and to apply his knowledge to the laws in Washington, DC—the jurisdiction where we'd need to enforce the contract if there was a dispute—as well as to apply his expertise in contract and copyright law.
I encourage you to review these contracts and the boilerplate contracts that are available through trade organizations such as the American Society of Media Photographers (ASMP), the Advertising Photographers of America (APA), the National Press Photographers Association (NPPA), Editorial Photographers (EP), and the Professional Photographers of America (PPA), among others. All have guidance and suggestions, and you should have their language reviewed by your attorney and modified to comply with the laws of your state and locality, because each is different. A few hundred dollars of attorney time can save you from a loophole in your contract that is created by state law invalidating one of your contract terms. And, the client who has unjustly enriched themselves with your work won't be able to drive a truck through the loophole all the way to the bank, impervious to your claims.
Following is the basic outline of job-specific details and the terms and conditions for the work we perform for the client. This layout can be blended with the PR/event contract and modified to satisfy editorial and commercial clients as well.
My logo appears at the top, followed by the job-specific information collected and outlined on Page 1 of each contract. Here's the information:
* * *
Authorized Representative
Client Name
Client Address
Telephone
* * *
ESTIMATE
Event Information
Date
Time
Arrival
Start
End
Location
Description of Services:
* * *
Deliverable Material(s)
Schedule
Media
Date Deliverable
* * *
Permissions:
Media
Duration
Territory
Term
CMI:
Fees
Services
Administrative Fees
Post Production
Output
Shipping
Misc.
Same Day
Next Day
* * *
See Terms and Conditions Attached
JHP signature
Client Signature
* * *
That concludes Page 1. It's important that Pages 1 and 2 have places for the client to sign. This signature acknowledges that they've seen both pages.
Page 2, the terms and conditions, follows. Although we used to have this document as a single-page, doubled-sided form, 100 percent of our contracts are e-mailed PDFs now. As such, they become two pages.
* * *
Invoices. Client shall pay JHP invoices upon receipt. There will be a 1.5% late payment charge on amounts due and unpaid within ten (10) days of the mailing of the invoice. On all amounts thereafter due and unpaid there will be a 1.5% per month interest charge, accruing daily, until the amount due is paid in full, not to exceed the maximum amount permissible by law. Client shall be solely responsible for the payment of applicable sales, use, personal property, and other taxes assessed upon the Estimated and billed services and expenses, and shall hold JHP harmless for and from any liability assessed therefore. All fees shall be paid in U.S. Funds without deduction for any applicable foreign taxes withheld at the source
Services & Costs. Estimated amounts are only for the services and costs described in the Estimate. There will be additional charges for any additional services and costs rendered or incurred for performance. Additional charges will be invoiced to Client.
Cancellation, Postponement, Delay, And Additional Time. If Client postpones or cancels services or expenditures once this agreement has been confirmed, and time committed, the full amount of the photographer's fees and any