Best Business Practices for Photographers [144]
3. "Convince the other party that you have an option."
If they're not sure you're capable of the assignment, convey past successes (without appearing to boast), working relationships with other editors they may have worked with in the past, or your track record with a challenging assignment type (underwater, aerials, and so on).
4. "Set your limits before the negotiation begins."
I made the point earlier about negotiations that are too quick being a possible risk, but so too can long, drawn-out negotiations be. You don't want to look back at a multipart negotiation and realize that you'd never have agreed to the deal had you not been incrementally moved to the point you are now at.
5. "Establish a climate of cooperation, not conflict."
Begin, as has been noted in earlier chapters, by engaging the client about the project—let them know that you're interested in the project, are excited to talk through some ideas you have, and so on. If conflict is going to come in the form of "take it or leave it" contract language, it's going to come. Further, there may be a dozen clauses, three which just need clarification and two with potential deal-breaker points in them. Resolve the first three first—getting repeated "yes, that's fine" answers to your requests will make resolving the final two problematic clauses easier when you are operating from the initial spirit of cooperation instead of starting with conflict out of the box.
6. "In the face of intimidation, show no fear."
When faced with "Every other photographer has signed…," I often think, "Well, why are you calling me then?" or, "I'm not every other photographer," but of course, I'd discourage those smart-aleck remarks from actually passing your lips. Yet it's a mindset that can drive a more reasonable dialogue with the client. Try responding with, "It has been my experience that signing contracts with those terms isn't conducive to a good working relationship, and it is against my policy without reasonable modifications to it."
7. "Learn to listen."
Although this might seem obvious, pay attention to what the other party is saying, rather than preparing your next objection. I have found many a creative solution by listening to what people are saying and offering a solution.
8. "Be comfortable with silence."
If you make an offer or respond to the client's request for a concession, and then there is silence, do not speak just to fill the void. By doing so, you begin to negotiate with yourself because you feel that silence is non-acceptance of your offer or response.
9. "Avoid playing split the difference."
Suppose your estimate is $4,500 for an assignment, and the client says they only have $2,500, so you suggest, "How about $3,500?" You're setting yourself up to appear as if you were padding your estimate by $1,000. If you're going to come down, there needs to be a good reason why. Perhaps you can eliminate an assistant, catering, or extensive retouching, or perhaps you can learn that the client does not need five years of rights to the images, and only two are necessary.
10. "Emphasize your concessions; minimize the other party's."
Outline how you'll cover the expenses without an advance, with a delay until payment upon publication, with an extended rights package, and the like.
11. "Never push a losing argument to the end."
There's no reason, really. You hope next time to deal with this person either at this organization or another down the line. If you know that they demand WMFH and they have never negotiated that, then don't waste your time or their time. Many times, a photo editor who is requiring WMFH knows that it's bad for you, and there's no sense debating the issue, but saying something nice such as, "I understand that's your policy, and mine is counter to that. I hope that in the future it will change, or that should you find yourself at another organization down the line, you'll consider calling on me when that term is not etched in stone." This will let the PE know that you're a reasonable person, and the editor will respect