When do you need a contract?

Remember the days when a simple handshake was all you needed to finalize a deal for a photography assignment? Save the handshake until after a contract has been signed. Not having a photography agreement is like trying to swim from a mile out in the ocean. You probably can make it all the way to shore by yourself, but there's certain hazards along the way and it really would be a lot easier to have a boat. Think of the contract as your boat.

You may be asking yourself, "When do I need an agreement?" After all, your client has told you they will pay you a certain amount, and you have agreed to do the job. Uh-huh. There's a lot more to it than that. Have you thought about the little things in between? The What-ifs?

Here are some questions to answer yourself when working on an agreement:

• What if you mess up the photos?
• What if the equipment doesn't work properly and you miss a shot that you can never reclaim?
• What if the client doesn't like the images?
• What if the weather is bad?
• What if they don't pay you the agreed upon price?
• What if ____? (Fill in the blank for an unlimited number of scenarios).

You get the drift. Even if the customer is your absolute best friend, you need a contract. It protects you and it also protects your customer. It prevents you from making undelivered promises and it prevents the customer from not paying you, blaming you or even suing you.

Both parties must sign the paper in order for it to be a legally binding document. This is not just for wedding photography. If you take a picture of a stranger walking down the street and sell the image without her permission, you could be sued. You need a model release.

This does not always apply to traditional photojournalists who work for a newspaper or magazine because of laws regarding freedom of the press. However, if you plan on using the image in a brochure, advertising, or as a stock photo, then it would be best to get authorization to avoid future hassles. You can create a "Pocket Size" Model Release on an index card or half a sheet of paper. Keep these miniature contracts in your camera bag at all times.

Special cases

Shooting children is a delicate issue. You need to get a legal guardian's or parent's signature if a child is under the age of 18. You absolutely cannot take photographs of a cute little kid at the park and then use the pictures for your advertising -- including your Web site, portfolio, business cards or the like. This is a tremendous liability and should not be taken lightly.

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.

Labs are very strict about copyright infringement and do not want to take on the liability of having a professional photographer sue for letting the lab make copies without permission. The Copyright Release is a very short document that can be just a paragraph or two with the name of the studio and your signature to make it legal. This will give your client full rights and the go-ahead to create as many copies of the photographs that they wish to make.

Don't swim with the fishes

As a rule of thumb, whether you're an amateur or a new professional, if someone pays you to take pictures you are doing them a service. A service business means abiding by the boring legalities that may protect you from future problems that could arise. It also gives you greater credibility with your clients because they will see you as a professional who takes the assignment seriously.

Consider a contract for all of your work. Modify the written document as needed when situations arise. You can even customize a contract to suit the immediate needs of the project you have been hired to do. Just remember the day you don't adhere to your own policies is the day you will end up regretting the decision to go without.

Think of your contract as a boat that will take you to shore because it certainly would be difficult to swim that mile inland without it. Your contract could be indeed become a lifesaver one day. Of course last, but not least, don't forget the all-important handshake.