Contracts

[KenRC51]

Hi, I like to know if anyone of you guys know where I can get a short and simple contract.

I will be taking picture of pet (dog specific) and I like to give the client a contract to sign so i can post those pic up wherever I want (blog, or website) also sales.

What do I need to include in the contract and if anyone have a sample contract I can take a look at? Thanks

[Statto]

I know its not exactly what you wanted
BUT
Where in the world are you?
What are the copyright laws on photography/pix where you live?

You may not need anything signed by your client to enable you to have copyright on your prints/images, the law may already give you this copyright

Hope this helps

[Jim Bryant]

Here's a sample contract I use. All you have to do is change the name and whatever else you wish
.
Jim Bryant Photography
4440 Marlyce CT SE, Port Orchard, Wa. 98366
360-731-1944
jim@jimbryantphotography.com
Jim Bryant Photography Shoots Corporate and Family Portraits, Youth and Professional Sports, Weddings, Festivals, Parties and Other Events

Event Date: __/__/____ Time Photography Starts: __:__ Time Photography Ends: __:__

Event Location: __________________________________________________ __________________
Clients Name: _____________________________________ Phone: __________________________
Email: __________________________________________________ __________________________
Address: __________________________________________________ ________________________
Method of Payment: __________________________________________________ _______________

Photographer: Jim Bryant, Phone: 360.731.1944, e-mail: jim@jimbryantphotography.com Fee agreed to: $ ________. A non-refundable deposit of _$_________is due at the signing of this agreement, (will be applied to the agreed upon fee) the remaining balance of $___-.__ to be paid upon delivery of finished product.

Entire Agreement: This agreement contains the entire understanding between Jim Bryant and the CLIENT in regards to event coverage. It supersedes all prior and simultaneous agreements between the parties. The only way to change this agreement is to do so in writing, signed by all parties.
Reservation: A signed agreement and retainer of $ _________ are required to reserve the coverage. The retainer is non-refundable.
Pre-Event Consultation: Parties are entitled to a pre-event consultation in advance of the event at no extra charge for a period of one hour. At such time a written request will be provided to the photographer of parties requests for the event. Consultations that run over the one hour mark will be charged an additional $25.00 per hour.
Cooperation: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment.
Shooting Time/Additions: The photography schedule and selected methodology are designed to accomplish the goals and wishes of the CLIENT in a manner enjoyed by all parties. CLIENT and Jim Bryant photography agree that cheerful cooperation and punctuality are therefore essential to that purpose. Shooting commences at the scheduled start time and date.
Copyrights: The photographs produced by Jim Bryant and are protected by the United States Copyright Law (all rights reserved) and may not be reproduced in any manner without prior written permission. If purchased, digital images are the property of the CLIENT for personal use only. NO REPODUCTIONS ARE ALLOWED, Unless otherwise granted by Jim Bryant.
Exhibition, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising and any other purpose and in any manner and medium: to alter the same without restriction: and to copyright the same. The CLIENT herby releases Jim Bryant and his legal representatives and assigns from all claims and liability to said photographs.
Model Release: CLIENT grants Jim Bryant and his legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising and any other purpose and in any manner and medium: to alter the same without restriction: and to copyright the same. The CLIENT herby releases Jim Bryant and his legal representatives and assigns from all claims and liability relating to said photographs.
Limit of Liability: In the unlikely event the photographer is injured, becomes too ill to photograph the event, or cannot perform this agreement due to fire, casualty, nature, terror, or other cause beyond the control of the parties, Jim Bryant will make every effort to secure a replacement of location and/or time. If the situation should occur that a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. Jim Bryant takes the utmost care with respect to exposure, transportation, and processed photographs. However, in the unlikely event that the photographs have been lost, stolen, or destroyed for reasons within or beyond Jim Bryant’s control, Jim Bryant’s liability is limited to the return of payments received for the event package. The limit of liability for a partial loss of the originals shall be a prorated amount of the images lost based on the percentage of total number if originals.
Cancellation: In the event of a cancellation the security deposit of $__________ paid is non-refundable.
Rescheduling: If your event changes from the one stated in this agreement you may reschedule to any other available date. In the event Jim Bryant is not available the cancellation policy will be enacted. A new agreement must be signed with the new dates.
Breach: In the event of non-payment of amount due on __/__/___ this agreement will be considered cancelled and subject to the cancellation policy above. At the sole discretion of Jim Bryant the agreement may be reinstated by paying the entire balance of the photography fee agreed to.

I have read and understood the terms above. I hereby agree to the terms of this agreement.

Signed: __________________________________________ Date: _________________________
Print Name: __________________________________________________ ____
Signed: __________________________________________ Date: _________________________
Print Name: __________________________________________________ ____
Signed: __________________________________________ Date: ___________

Jim Bryant

[candleman]

Originally Posted by Statto

You may not need anything signed by your client to enable you to have copyright on your prints/images, the law may already give you this copyright

generally seaking the Law does give the creator copyright upon creation.... (with exception of employment or comissioned works .....in NZ anyway)
but.. always always always get a contract so that the client actually understands that.

If one assumes that they understand copyright and licensing, it will lead to them thinking they can do what they like because its "their" photo.

[KenRC51]

Originally Posted by Statto

I know its not exactly what you wanted
BUT
Where in the world are you?
What are the copyright laws on photography/pix where you live?

You may not need anything signed by your client to enable you to have copyright on your prints/images, the law may already give you this copyright

Hope this helps

I'm in Los Angeles County, California. I do not know any copyright laws. So i do not need the client to sign contract in order for me to post them up on a website or sell them?

Even if I didn't need a contract I would think that a contract would clarify things. Just in case if the client ever see me selling a canvas or a photo of their dog and making a lot of profit out of it.

Originally Posted by Jim Bryant

Here's a sample contract I use. All you have to do is change the name and whatever else you wish
.
Jim Bryant Photography
4440 Marlyce CT SE, Port Orchard, Wa. 98366
360-731-1944
jim@jimbryantphotography.com
Jim Bryant Photography Shoots Corporate and Family Portraits, Youth and Professional Sports, Weddings, Festivals, Parties and Other Events

Event Date: __/__/____ Time Photography Starts: __:__ Time Photography Ends: __:__

Event Location: __________________________________________________ __________________
Clients Name: _____________________________________ Phone: __________________________
Email: __________________________________________________ __________________________
Address: __________________________________________________ ________________________
Method of Payment: __________________________________________________ _______________

Photographer: Jim Bryant, Phone: 360.731.1944, e-mail: jim@jimbryantphotography.com Fee agreed to: $ ________. A non-refundable deposit of _$_________is due at the signing of this agreement, (will be applied to the agreed upon fee) the remaining balance of $___-.__ to be paid upon delivery of finished product.

Entire Agreement: This agreement contains the entire understanding between Jim Bryant and the CLIENT in regards to event coverage. It supersedes all prior and simultaneous agreements between the parties. The only way to change this agreement is to do so in writing, signed by all parties.
Reservation: A signed agreement and retainer of $ _________ are required to reserve the coverage. The retainer is non-refundable.
Pre-Event Consultation: Parties are entitled to a pre-event consultation in advance of the event at no extra charge for a period of one hour. At such time a written request will be provided to the photographer of parties requests for the event. Consultations that run over the one hour mark will be charged an additional $25.00 per hour.
Cooperation: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment.
Shooting Time/Additions: The photography schedule and selected methodology are designed to accomplish the goals and wishes of the CLIENT in a manner enjoyed by all parties. CLIENT and Jim Bryant photography agree that cheerful cooperation and punctuality are therefore essential to that purpose. Shooting commences at the scheduled start time and date.
Copyrights: The photographs produced by Jim Bryant and are protected by the United States Copyright Law (all rights reserved) and may not be reproduced in any manner without prior written permission. If purchased, digital images are the property of the CLIENT for personal use only. NO REPODUCTIONS ARE ALLOWED, Unless otherwise granted by Jim Bryant.
Exhibition, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising and any other purpose and in any manner and medium: to alter the same without restriction: and to copyright the same. The CLIENT herby releases Jim Bryant and his legal representatives and assigns from all claims and liability to said photographs.
Model Release: CLIENT grants Jim Bryant and his legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising and any other purpose and in any manner and medium: to alter the same without restriction: and to copyright the same. The CLIENT herby releases Jim Bryant and his legal representatives and assigns from all claims and liability relating to said photographs.
Limit of Liability: In the unlikely event the photographer is injured, becomes too ill to photograph the event, or cannot perform this agreement due to fire, casualty, nature, terror, or other cause beyond the control of the parties, Jim Bryant will make every effort to secure a replacement of location and/or time. If the situation should occur that a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. Jim Bryant takes the utmost care with respect to exposure, transportation, and processed photographs. However, in the unlikely event that the photographs have been lost, stolen, or destroyed for reasons within or beyond Jim Bryant’s control, Jim Bryant’s liability is limited to the return of payments received for the event package. The limit of liability for a partial loss of the originals shall be a prorated amount of the images lost based on the percentage of total number if originals.
Cancellation: In the event of a cancellation the security deposit of $__________ paid is non-refundable.
Rescheduling: If your event changes from the one stated in this agreement you may reschedule to any other available date. In the event Jim Bryant is not available the cancellation policy will be enacted. A new agreement must be signed with the new dates.
Breach: In the event of non-payment of amount due on __/__/___ this agreement will be considered cancelled and subject to the cancellation policy above. At the sole discretion of Jim Bryant the agreement may be reinstated by paying the entire balance of the photography fee agreed to.

I have read and understood the terms above. I hereby agree to the terms of this agreement.

Signed: __________________________________________ Date: _________________________
Print Name: __________________________________________________ ____
Signed: __________________________________________ Date: _________________________
Print Name: __________________________________________________ ____
Signed: __________________________________________ Date: ___________

Jim Bryant

Thank you Jim Bryant, this really helps me out a lot.

[Statto]

Hi Ken

Yes indeed a contract will definately clear things up between you and a client
BUT
your original post asked about a contract for the simple reason you wanted to use the images as you see fit

I mearly pointed out that the law in your part of the world may already give you these rights without the need for a contract

[Jim Bryant]

A contract tells the client what they can do or, rather, cannot with a photograph. it protects you as a photographer.

[BCampbell]

This book is a great resource:
Amazon.com: Business and Legal Forms for Photographers (with CD-ROM) (Business & Legal Forms for Photographers)…

Comes with a CD with all of the digital forms on it.

[Brian Mullins]

What you need is actually a model release. Now I have NO idea how this relates to a pet but, in short, if you will be generating revenue from that image (and the likeness of the person in that image), you need a release. This is for people but I have no clue how that would relate to a pet since they cannot give their own permission... I assume it would be the client who signs.

[candleman]

Originally Posted by Brian Mullins

What you need is actually a model release. Now I have NO idea how this relates to a pet but, in short, if you will be generating revenue from that image (and the likeness of the person in that image), you need a release. This is for people but I have no clue how that would relate to a pet since they cannot give their own permission... I assume it would be the client who signs.

a PROPERTY release?