Contracts for free photography services

You can try a Google search for "model release" and that should give you a few examples. If you need a "contract," you probably should find a local lawyer *for the right* legal advice.

Protection? legal services?.. WOW~~!!!.
You guys sure know how to make it look difficult.
When I first started, I shook hands with a poor couple.
See a laywer before taking free pictures for poor people? you must be kidding.
That's what they call "belly button bigger than the belly"
Again, I have never assisted anyone, so I may be wrong.
Maybe all of you guys are getting sued yearly bases.
I gues I'm the lucky one then...

Better be save than sorry. You never know who you are dealing with. Unfortunately, in the US people are looking for a reason to sue others.

go to "NEBS" they will send you a free copy of a basic contract in triplicate. if you want to buy, you'll have to purchase a 100 of 'em. for 80 bucks. or you can save 80 bucks and use the freebie as a guide and make your own on microsoft works/word, ect...

www.nebs.com

Interesting a suggestion to copy a contract that is sold as a product by a company. This contract would then be used to protect ones self from legal action. Amazing steal something so someone else doesn't steal from you!

Try Tad Crawford's book, "Business and Legal Forms for Photographers". I would recommend having a lawyer in your area review your forms as well. When I do something free for someone, I fill out a usual contract with usual prices, and do a 100% discount, so they see what I would usually charge, plus all the legal stuff is all straight.

I'm with Derek C. I can't imagine doing a wedding for free and doing a contract with it. I guess in this day and time you just have to cover your tail no matter what. I didn't do my first contract until my 3rd wedding. Even then it was with people that we have known for years.

As far as being covered with or without a contract. There are many ways to get one. You can have an attorney draw one up or go with one already in a book or something.

mark , i did not say "copy", i said "use it as a guide" and the contract is of the utmost basics, not re-inventing anything. but i apreciate the "spin". a funny thought.

here is a thought. doing a contract may not be the best thing for some first freebies. after all, what are you going to loose if they default. and are you actualy going to small claims over 200 bucks in film/printing fees. so would a contract do you any good? on the other hand, if you default......??? and as far as oral agreements, they are only as good as the paper they are written on. a model release of course, is essential.

I was under the impression that a "contract" had to involve the exchange of some value- which was why some model releases were set up for payment of a nominal amount. Anyway, without checking with a lawyer, be aware that your contract might not be worth much when it's done.

a contract is only valid when there is an exchange for value. You should try to work with friends who won't put you thru this exercise.

What I see here is pros trying to put fear in you.
Hire a laywer for your freebie gig? Mm.. I'm shaking.
Good luck IDG.

A contract doesn't need money to be valid, but note the classic opening line is often "for consideration received". If you are shooting to build a portfolio then you need permission to use the photos to promote yourself, or to display to get criticism. They get pictures, you get permission, and that's your exchange of value. I don't think your needs are complex, but check the archives to see what points others have mentioned and decide if they're appropriate. Weddings are stressful, and it's worth being specific about hours of coverage, location(s), etc, just so everything is clear beforehand. A contract is like insurance and it's a hard time when you have to insist on people meeting their obligations; the process of writing a contract is useful to both parties.

A written "agreement", should always be used whether money changes hands or not. This is simply standard good business. (Who is expecting what and when, from whom.)

As absurd or awfull as it sounds, what if the photographer or client suddenly died or went into a coma, before delivering/recieving the prints? There are a million reasons to have the details written down as a permanant record.

Because you are building a portfolio to show to others and (perhaps) put on a website, you need a model release at the very least.

Regardless of the price, a signed agreement is a good idea. It allows both parties to have in writing what is, or is not, expected.

I believe that "agreement" is a better term to use here than a contract because it is my understanding that for a contract to be valid there has to be "non performance" clauses in it.

Commonly, when $$ changes hands, the non performance clause means that if the service provider does not perform, the money paid them is returned while if the purchaser of those services does not perform (wedding cancelled at the last minute) the money paid is kept by the contractor.

The problems for the photographer arise when the person purchasing the services believes that the service provided does not live up to the terms of the contract and decides that the $$ being returned is inadequate to cover the "damages" by non performance. Insurance then kicks in to cover the contractor if the courts find that he did not perform.

Is insurance necessary? I believe so. If you own a business where you can get sued for damages beyond your ability to pay and could lose your house, you need insurance.

For example.. say you shoot weddings on the side and you, the photogapher, decide to take the wedding party to a nearby park for pictures. One of the brides maids slips while walking down the path to the photo spot and shatters her ankle (oh yeah, it CAN happen) and it turns out she has no health coverage. You can bet you, as the photographer, will get named in the law suit AND if it turns out the whole business of going to that park was your idea, you WILL get found partially responsible for damages (park will also be named in the suit as well as the bride and groom).

In New York where there are NO limits on liability and where no one is EVER responsible for their own actions, you don't want to set yourself up w/o insurnace.

I have had experience in being named as a negligent party as part of a lawsuit. Fortunately, the Judge threw out the part against my business (not photography) but if he had not, I would have lost EVERYTHING.. my business, my home, my savings EVERYTHING even tho, IMO, I had nothing to do with the injuries. When it goes to court it can be a real crap shoot.. I have seen some pretty amazing decisions that fly in the face of the facts!

This is reality and it is not conjuring up fear. It is first hand experience.

Consideration is one of the four essential elements to a contract in the USA, if I recall correctly from my business law class in college.

Without consideration (something for something), you do not have a valid contract.

However, agreements such as a model release form are another story.

Or, I suppose you could frame the contract such that the priveledge of using their photos in your portfolio is consideration. I never thought about that. I say go for it.

As always, IAKAL.

On the other hand, you are pissing money away.

I have never done a free wedding, though the first 3 weddings I did for $250. It was a token amount, but with some kind of payment, your clients will actually feel much more confident about your showing up for work. This is a desireable state of mind you want to impart on your clients until their wedding day arrives. You are foolish not to charge something, and I honestly believe this.

I say charge something, if only a token amount. They will feel better, and you will feel better.

Patrick

Unless your are shooting this wedding as a gift for a friend or family member you simply MUST charge for your services, even if it barely covers costs. What will your basic hard costs be? Gasoline, hard copies/prints, batteries, film and developing costs (if you're not 100% DSLR), wear & tear, and at least ten dollars/hour minimum wage. I can't see anyone doing this for under $500 as a rock bottom, "basically free" fee. Budget priced weddings are under $1,000 for the photographer including minimal proofs and prints and such. Do not sell yourself short if you already have talent with the camera.

Wow! I am so glad I read this post! I have the same situation going on (being a volunteer photographer). So you need to have insurance even if you are offering free services?

There were a few responses to your question that were rather eye opening. Especially for a somewhat beginning wedding photographer myself. I've been doing low key wedding photography for about 2.5 years now. Enough to have built up a considerable portfolio.
I would have to agree with the others' though, that you should definitly charge something for your time at least. Just because you're beginning doesn't mean you're totally unworthy of compensation. My husband and I shot our first wedding for a friend for $300. They paid for the film and developing of their negatives. Anyway, our first wedding didn't turn out to shabby to say the least. Some of those images looked ready for print in a brides magazine. So they got a deal, and we weren't left totally empty handed.
I've assisted weddings in the past where, the bride actually biffed liked one of the responses mentioned. It was almost in the same manner she described to. The photographer suggestioned a park close by and wanted to set up a shot where the bride and bridesmaids were running toward him. Anywho, she tanked, sprained her ankle, and almost lost a few items. THANKFULLY this girl was a sport, she was upset, but wasn't one of those sue happy people that can't just get over an honest mistake.