6:30 am sun rays glimmer through the curtains as your coffee brews. Favorite mug in hand and you already have emails answered, blog posts released, and drafted photos for edits. Spandex butter up your legs as 7:30am strikes and yoga is calling your name. The day is ready to start.
YOU. ARE. THE. HUSTLER.
I know you.
Starting a photography business and brand (or any business so to speak) is probably one of the most tedious and rewarding thing you will tackle. You are not just the photographer, but you are the the graphic designer, marketing agent, tech specialist, social media guru, customer service rep, accountant, boss, and employee. You learn as you execute and making mistakes is part of the process.
Of course working for yourself comes with plenty of irreplaceable perks:
- arranging your own schedule
- deciding how your business will run and its public image
- the world is your office
- you make all the rules (unless you have a partner)
Doughnuts from Nani’s at Delray Beach- Click on the picture to check out their website.
Exactly! You make all the rules and those rules need to be manifested in a business contract. You need something that describes which services will be provided, what your clients will receive as the final product, and most importantly what is expected from both (multiple) parties. Since it is always used as a reference, a contract is an organized and signed document that minimizes the possibilities for confusion or misunderstanding. What is written; Goes.
I have been there. Clients disappearing without paying their deposit. Clients that hire other photographers at the same time. Late deposits or no payments at all. I’ve had my fair share of mistakes that inspired me to gather research and make a business contract. I want to share all this information with you as supplement of any other you already have or will gather soon. These guidelines are based on a photography business, but you can apply the basics and tweak as necessary to fit your own business model. I only hope these tips will ease the struggle and get you going:
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Brainstorm. Brainstorm. Brainstorm. [ In other words, Your rules] Lay all the options on the table.
- What are your business principles?
- How do you want to present yourself and your business? The type of energy you want to give off?
- What will your client receive after hiring you?
- What are you, as the business owner and service provider, willing to do and not do for the client? e.g. edit extra photos as a surprise. Work extra hours. etc.
- What are the type of services or photography sessions you are providing (be specific) ? e.g. Events only. Portraits and weddings. Concerts. Are there any you are not willing to do?
- What do you expect from your client(s)?
- Basically, how do you want to run your business?
Doughnuts from Nani’s at Delray Beach
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Design a client contract detail sheet as your first page of your contract.
This should define all of the details of the job you are being hired to do, what the client will receive at the end, contact information, and pricing. This sheet must be updated every time there is a new addition to the job and sent to the client(s). It can be in bullet form, a table, or a chart. I prefer a table because it is much easier to analyze and read. You can design it and arrange it how you like, but you should always include these:
- Design a header with your business logo, your business title – e.g. Commercial Photographer, Artist, Lifestyle Photographer, etc., website, and a place to number the contract (each new contract should have a new number so it can be differentiated by clients)
- The date of signing
- Client’s names and email or phone number
- Type of job service or photography session
- Date, time, and duration of the job or photography session
- Location of the job or photography session
- What the final product includes-e.g. high resolution images, low resolution images, web delivery or USB, color, black and white, etc.
- Total pricing, deposit amount, final payment amount, and due dates for each payment
- NOTE: MAKE SURE SOMEWHERE ON THIS PAGE YOU EMPHASIZE THAT YOUR DEPOSIT IS NONREFUNDABLE.
Doughnuts from Nani’s at Delray Beach
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Define your term and conditions as the pages to follow your client detail sheet. BE VERY SPECIFIC.
These pages are the foundation to how you run your business, be very specific. They are the formal way of expressing your rules to your clients and they hold each party accountable. Consider these few points when writing them:
- [Quotes & Invoices] Emphasize that each price is unique to each client and is subject to change with the addition or subtraction of services or items.
- [Deposits and General Payment] If you are going to honor a deposit express when it is expected to be paid-e.g. a month before the session takes place- and it should be non-refundable.
- What happens if the client fails to pay the deposit or final payment on time? Are there late fees? If so, what are the amounts?
- How will you communicate to your clients about the deposit invoices and the final payments? Through email? Phone?
- What are your exceptions? e.g. If the client is out of town, state, or country.
– - [Payment Method] How would you like to be paid? e.g. Cash, check, money order, money transfer, etc.
- [Extra fees; Refunds] Emphasize extra fees and refunds – e.g. Over-time, travel and transportation fee, final product shipping, etc.
- [Delivery Period] If you have a delivery period make sure that it is realistic and that you can stand to it. Remember you are also accountable for what you promise within this contract. I normally give a range – e.g. two weeks to a month or longer depending on the type of session or job.
- Highlight the time period that the client has to download their images or pick up their final product and reorder.
– - [Final Product]For the final product, what are you promising your client? Are you okay with releasing unedited photographs? If not, document it in the contract. What is the average range/amount of photographs you will deliver?
– - [Copyright, Photo Usage, & Social Media] Make sure you clearly state what the client(s) can and cannot do with the photographs. Can they submit them to third party competitions, use them for their own marketing purposes, and post them on social media? If so, do you require compensation for each image used? I would highly recommend stressing that it is prohibited to add filters, crop, or alter the images from the original provided by the photographer unless it is for a profile picture, a panoramic on Facebook, or a square on Instagram.
- Express that your client(s) must provide photography credit where it is necessary. e.g. Social Media Tags, sharing your website, or sharing your own/business name.
- Somewhere in bold I would state that you [the photographer] own the rights to the photographs and they will be used in your business as promotional and blog material.
– - [Extra Edits] In the case that the client request extra edits delineate which ones you are willing to do [if you are willing to do any] and a price range for them.
- [ Overall Appearance & Personal Items] Remember you are the photographer, therefore; you are responsible for how the client(s) look in the photographs, but you are not responsible for how the client looks prior to getting there. In other words, clearly state that the client must show up to the photoshoot how they wish to look in the photographs. Hair? Make-up? Nail-polish? Clothing? etc. If you collaborate with a stylist you can offer the service as an extra cost.
- [Breaks & Meals] For those photographers that work events longer than 5 hours I would dedicate a section in your contract with a request for a meal and a break for your team and yourself.
Doughnuts from Nani’s at Delray Beach
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Organize your contract by sections and label them with titles and subtitles. AGAIN, BE SPECIFIC.
There are numerous ways in which your contract can be organized. I would do some research and find the best format to suit your business plan. Some documents tend to be arranged as one big sequence with very small print and extensive paragraphs. For example, the Terms and Conditions for computer software are presented in such a way. Others are structured with smaller paragraphs, divided by topics, and titled accordingly. I find the second option more efficient, because it is less overwhelming to the eye and easier to navigate. Below is a list of suggested titles you might want to consider to get the ball going:
–- Title: Payment Terms; Subtitles: Quotes & Invoices, Deposits & General Payments, Payment Method, Extra Fees, Refunds
- Title: Delivery Period
- Title: Final Product
- Title: Copyright, Photo Usage, & Social Media
- Title: Extra Edits
- Title: Overall Appearance and Personal Items
- Title: Breaks and Meals
Doughnuts from Nani’s at Delray Beach
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End your contract with a closing paragraph and format the entire document as a whole.
The closing paragraph of your contract must specify that by signing all parties are agreeing to the information stated within the document and any further invoices/payments sent throughout the working time period.
- An example:
By signing, you are agreeing to the information stated above and all invoices/payments sent to you from the day of employment until the final product is delivered. [Insert your business name] will not be held accountable for any inconveniences during and after the session. By employing [Insert your business name] as your photographer, you agree to work exclusively with that business and no other third parties, unless formally discussed.
- Number all your pages; Page 1 being your client detail sheet. Top right hand corner or bottom right hand corner are good locations for the numbers.
- At the end of your contract arrange a space for client(s)’s signature(s), your signature, the date of signature, and a space for printing their name.
- Signature example:
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Client(s) signature: _____________________________ ; __________________________
Print: ________________________ ; ______________________________
Date:________________________
Photographer’s signature: _________________________________________ - I would place your business logo top center of every page (in the header very small) of your Terms and Conditions.
- Create the same footer for each page with copyright symbol, your business email, business phone number, and 2 spaces for client(s)’s initials. Note: For every page read the client(s) will initial in confirmation at the bottom right hand corner.
- Footer Example:
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©Your business name · info@photographybusiness.com · (xxx) xxx-xxxx
Initials: _______; _______ - Have a lawyer, friend, and someone not related to your field proof read your contract and make appropriate changes where you see fit.
Doughnuts from Nani’s at Delray Beach
There is plenty of information out there at your disposal, but I hope that these tips will help you to take the first jump into the waters. Don’t forget to also have fun during the process! If you have any helpful information please do not hesitate in commenting below.
~M
Sources:
Photography Contract for Beginners by Jessica Kobeissi: https://www.youtube.com/watch?v=dmFru0Q5NJ8&t=98s&index=4&list=PLO4pTrVtgn5nmNSBWfMDKaFr3gtRRxdtc
Ten Tips For Making Solid Business Agreements and Contracts: http://www.nolo.com/legal-encyclopedia/make-business-contract-agreement-30313.html
How to Write A Business Contract: http://smallbusiness.findlaw.com/business-contracts-forms/how-to-write-a-business-contract.html
Top Ten Phrases Not To Use In A Contract: https://www.michbar.org/file/generalinfo/plainenglish/pdfs/99_feb.pdf