Contract for an MMA event

[GadgetRick]

Just got a go from a promoter to be paid to shoot (nice to already have my time/expenses covered!) an event on October 2. I don't have an example of a contract I can send him and was wondering if any of you may have something I could use.

It's not like a portrait session or a wedding. Basically, they're getting my services (next to the cage and for weigh-ins). I'll be giving them some low-res images and a handful (if that) of high-res images. They will pay me my fee and give me access to contact info for the fighters, schools and sponsors so I can market photos to them.

It'll be nice to have my time/expenses paid before I show up to the event for a change!

Thanks.

[GadgetRick]

Anyone? Anyone? Buehler? Buehler?

[Daisho]

Well, I am not a lawyer but why don't you just create your contract like this?
Stating the parties involved (you and the promotion)
Covering third-party rights, aka. the fighters and audience agreeing to appear in the pictures allow you to take and publish the pictures (and that the promotion makes sure that the third parties agree to that (by contract etc. and you are not liable for anything).
Then you outline your service (coverage of weigh in + fights at cage site with a total of X hours on day one and X hours on day two) plus what images you provide (resolution, number, terms of use) including the fee.
Then you go smart and put in that what ever damage you or your equipment will suffer is completely covered by the promotion.
And then you put in that you are the only one to market or provide the pictures to the sponsors/gyms/fighters and that the promoter is to be held responsible for nobody else to picture the event. And that the promotion is to provide you with contact info (Names, Address, Phone number, Email) of each individual gym/fighter/sponsor taking part in the event.
Then you put in that if any of the parts of the contract is not legal it does not nullify the rest of the agreement bla bla. , signed by, names, date, place...


Again, I'm no way a lawyer and the US tend to be funny when it comes to contracts from what I know, so maybe you want to pay a few bucks to somebody to draw up a general contract for you.

[Jim Bryant]

Go to ASMP.org and check out their sample contracts, rights and licensing.

[GadgetRick]

Thanks a bunch guys. Very helpful.

[Jim Bryant]

Originally Posted by GadgetRick

Thanks a bunch guys. Very helpful.

I know!

[Jim Poor]

Actually, I could be missing it, but I don't see anything at ASMP.org that relates to this sort of contract.

I'm in the process of having a new contract drawn up by a lawyer, but in general my contracts in the past have been.

1. I'm the exclusive photographer other than news media.
2. If the club books another photographer they get to choose to either pay me a day rate to NOT shoot, or dismiss the other photographer.
3. I get a space, electricity etc if available on site.


Since they are basically hiring you, you'll want to include language that says you own the copyright to the work. In a work for hire situation, usually the one paying owns it.

Originally Posted by Jim Bryant

I know!

[Browncoat]

Would like to know how you're coming along w/ this. MMA photography is something I'd like to get into as well and already have contacts "in the biz" that I've been working with.

[GadgetRick]

Originally Posted by Browncoat

Would like to know how you're coming along w/ this. MMA photography is something I'd like to get into as well and already have contacts "in the biz" that I've been working with.

Coming along very well with MMA photography. Started with it seriously back in May. Have earned a fair amount over that time. Part of it is I know everyone as I've been an official and I also compete in jiu jitsu tournaments. The bigger part is I'm a sales guy--have been for much longer than I've been a photog. You have to know how to go about getting business if you expect to do well in any type of photography, this is no exception.

More than happy to help out. Just shoot me a PM. Don't want to clog the boards down.

btw, they are signing on with the contract I provided with a couple of changes. Just waiting to see what the changes are but I don't think they're anything crazy. I'll post the details of what I put in the contract when I have it signed.

Thanks.

[GadgetRick]

So here's (basically) what I put in the contract they signed as far as terms and useage:


1. It is understood that Farmer Fotography is the exclusive official photographer retained to perform the photographic services requested on this contract and Farmer Fotography retains rights to be the exclusive provider of photographic services to fighters, teams, sponsors, etc. for this event.
2. Farmer Fotography may substitute another photographer to take the photographs in the event of Studio/Photographer’s illness or of scheduling conflicts. In the event of such substitution, Farmer Fotography warrants that the photographer taking the photographs shall be a competent professional and the promoter will be notified of a change immediately.
3. No part of any order, including previews, will be delivered until the balance is paid in full.
4. Farmer Fotography reserves the right to use images created under this contract for advertising, display, publication, or other purposes. The client, by signing this contract, warrants that he/she has actual authority to agree to the use of the likeness of all persons included in the event in this manner and shall indemnify and defend the Studio/Photographer in the event of litigation arising out of such use. Digital files, and previews remain the exclusive property of Farmer Fotography.
5. Upon signature and payment, Farmer Fotography shall reserve the time and date agreed upon. All fees and deposits are non-refundable, even if the event is rescheduled or cancelled for any reason other than inclement weather or an act of God or Farmer Fotography not performing duties agreed upon.
6. If Farmer Fotography cannot perform this contract due to photographer’s illness or emergency, then the photographer shall return any fees already paid to the client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the photographer. In the event that Farmer Fotography fails to perform for any other reason, Farmer Fotography shall not be liable for any amount in excess of the retail value of the Client’s order.
7. NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs or videos elsewhere without Studio/Photographer’s permission, and violators of this Federal Law shall be subjected to its civil and criminal penalties.
8. This Contract incorporates the entire understanding of the parties. Any modification of this Contract must be in writing and signed by both parties.


And here's what I am contracted to do:

-Farmer Fotography will cover all aspects of the event from start to finish regardless of time of completion. For this service, the promoter agrees to pay Farmer Fotography the sum of $x.
-The promoter agrees to provide Farmer Fotography with all contact information for all fighters, schools and sponsors for this event. Farmer Fotography agrees to use this information solely to market photographs from the event to said persons/groups/companies.
-Farmer Fotography will supply promoter low-resolution images for promotional use on the Web, email, Facebook, Twitter, etc. The promoter has rights to use these images via these media for a period of 2 years from date of event.
-Farmer Fotography will provide promoter with 2 full resolution images to be used for print marketing. The promoter has rights to use these images for printing for a period of 2 years from the date of the event.
-The promoter agrees to give Farmer Fotography all credentials needed to effectively perform the duties of official photographer for the event including gaining access to the cage after fights to photograph the fighters/teams/etc after the fight.