Do I need a contract?

[jonsie]

Hello.. I came to DPS hoping to find some tips and answers.. I have been approached to freelance for a local paper.. I was sent home with an application and that I would get paid $8 for each picture used, if there is an event that they hire me for, shouldn't I ask for time, travel? And do I need that in writing, persay a contract? And do I hand over the cd, or prints or what would one suggest to a newbie.. Does anyone have a sample contract I could look at? Please give some advice.. Please, Please, Please.. Have to return tomorrow..

Thanks.
Jonsie

[OsmosisStudios]

You're getting hoodwinked.

$8/picture? Really? Even the cheapest papers in town here are offering me $50, and I balked.

In any case, you DO need a contract specifying what you can do with the pictures, who gets rights, etc. For $8/shot, don't waste your time.

[Photoboothguy]

Personally, I think it's better if you don't have a contract, or have a contract that states "Newspaper may use these photos for one publication only. Photographer maintains full rights".

My contract with the local paper is for each individaul job. I am employed for that shoot, and all photos belong to the paper I shoot for. I get paid about $30/job, no mileage or other expenses. However, most of them are within 5 minutes of my house, and each shoot takes about 10 minutes or less. I'm in it for the fun and experience...the money is just a perk .

However, it be nice not to have a contract so that I could sell some of my shots to stock photography. I photograph a lot of bartenders and their signature drink, and (if I may say so myself) do an awesome job on the drinks. The drink photos end up as a 1.5 inch photo at the bottom of the article...a total waste

It'd be nice to be able to sell those photos to iStock, but again, I don't own them....the paper does.

[Jim Bryant]

Don't do it for $8.00 a picture, maybe $50.00 per picture used or a flat rate assignment fee of $150.00 - $300.00. One of the reason why newspapers are laying off staff photographers is because they can get the photos by contributors for next to nuthin!

If they pay you mileage and expenses, it needs to be put in a contract before it is signed.
Independent Contributor Agreement

This agreement is made this 24th day of April, 2009 by and between

Newspaper's name (“The Company”)
Address
City, State, Zip

and

Your name
Address
City, State, Zip




1. Services to be performed
Contributor agrees to provide photographs, ranging from one photo to four photos per assignment, to the Company in a professional and competent manner, as mutually agreed. The company may occasionally request more photos from an assignment, at additional cost, if there is intent to create an online photo gallery.

2. Time period
Contributor agrees to complete each photo assignment he undertakes for the Company by a date mutually agreed upon by the Contributor and the Company.

3. Payment for service
In full consideration of and complete payment for Contributor’s performance of all obligations under this agreement, the Company shall pay a daily rate of $150 or a half-day rate of $85 for photo assignments. A higher rate, negotiated in advance, will be made if the Contributor is asked by the Company to provide more than eight images from a photo assignment. An additional $35 may be added to the rate if an assignment will require travel outside Sun’s coverage area of Kitsap County and North Mason. Contributor will be paid $20 per photo for file photos researched and submitted. Contributor will be paid $50 per stand alone photo used in print.
Contributor agrees to provide the Company, on or before the 25th day of each month, with a written invoice for all work performed in that month.

4. Supervision
The Company shall not supervise, direct or control the hours of work of the Contributor. Unless the nature of the services to be performed requires work to be done on a specific day and/or time, Contributor shall have the authority to determine the hours of work, the length of workdays and the means and methods of performance of the work. Contributor agrees that when representing the Company, he will do so in a professional and competent manner.

5. Journalistic integrity
The means and methods Contributor uses to perform the work specified in section 1 are entirely within the Contributor’s discretion except that the Contributor warrants that he will perform these services in accordance with the law and generally accepted journalistic practices. This includes, but is not limited to, using reasonable care to ensure that facts and statements are true and do not defame or violate privacy, intellectual property or any other rights of any other person or entity. Contributor further warrants that this Agreement and Company’s contemplated use of the materials, does not violate any other contract.

6. Ownership of materials created by Contributor
Contributor acknowledges that The Sun shall have the right, without any obligation to pay additional compensation, to publish or otherwise include the materials in non-print media, including on the newspaper’s Web site and in the newspaper’s electronic archives. Contributor acknowledges that the Company is buying exclusive rights to the use of the materials within the Kitsap Sun’s circulation area and among competing print or electronic publications.

7. Use of Contributor’s name and likeness
Contributor grants to the Company the right to use, in perpetuity, Contributor’s name and likeness: a) in connection with the exploitation of the materials and services that Contributor provides to the Company under this agreement; b) in connection with any advertising materials created by the Company to promote materials and services that the Contributor provides to the Company; and c) if applicable, in connection with the credits appearing in any materials.

8. Assignment
Company may assign this Agreement, in whole or in part. Contributor may not, without the written consent of Company, assign this Agreement, in whole or in part. This Agreement shall be binding on and inure to the benefit of the Company’s successors and assigns and Contributor’s permitted assigns.

9. Assistants
Contributor may, at Contributor’s discretion and direction, and at Contributor’s own expense, employ such assistants as may be necessary for the performance of the services described in this Agreement. Contributor agrees to pay any wages, taxes, unemployment insurance, withholding taxes, and workers compensation insurance required by law for assistants. Said assistants shall not be paid or supervised by Company.

10. Damages to Third Parties
While carrying out the Services described in Section 1 of this Agreement, Contributor expressly agrees that he is solely responsible for any damages that may result to any third party’s person or property.

11. Insurance and Indemnification
Contributor expressly agrees to provide his own Workers' Compensation insurance at statutory limits. If Contributor is not required by state law to maintain such Workers’ Compensation insurance, then Contributor agrees to waive any claim against Company for injury that Contributor may sustain. If Contributor’s contracted service includes the use of Contributor’s personal auto, then Contributor will maintain Auto Liability insurance in compliance with state law. Contributor will provide Company with a copy of any required insurance certificate and will name Company, its officers and directors as an additional insured.

Contributor shall indemnify, defend, and hold harmless Company from and against any and all damages, actions, causes, demands, accidents or claims whatsoever (including attorney fees) arising out of or in connection with the services or Material provided by Contributor or Contributor’s agents under this Agreement.

12. Termination
Either party hereto may terminate this agreement on 30 days written notice to the other.

13. Independent contractor
Contributor agrees that the method, manner and means of fulfilling these contractual obligations shall be and are solely at the discretion, control, and expense of the Contributor, except as expressly provided herein. Contributor agrees that Contributor is an independent contributor and that Contributor is not in any way hired or employed by the Company. Contributor agrees that he is conducting his own business and that Contributor is not entitled to any benefits which the Company’s employees are entitled. Contributor shall be solely responsible for compliance with federal, state and local laws pertaining to income and employment taxes, workers compensation, unemployment insurance, or other employment-related statutes. Contributor shall pay all federal, state and local taxes arising as the result of the fees Contributor receives under this agreement.

14. Governing law and jurisdiction
The agreement shall be governed by and construed in accordance with the laws of the State of Washington applicable to contracts made and fully performed in this state, and the state and federal courts locating in this state will have exclusive jurisdiction over all suits and proceedings arising out of or in connection with this agreement. Both parties hereby submit to the jurisdiction of such courts for purposes of any such suit or proceeding and waive any claim that such forum is inconvenient or inappropriate.

15. Survival of terms
Following expiration or termination of this agreement, any term or condition required for the interpretation of this agreement or necessary for the full observation and performance by each party of all rights and obligations arising prior to the date of termination or expiration shall survive such expiration or termination.

16. Miscellaneous
This agreement contains the entire understanding of the parties. Any and all representations or agreements by any agent or representative of either party to the contrary shall be of no effect. No waiver or modification of any of the terms of this agreement shall be valid unless in writing and signed by both parties. Failure by either party to enforce any rights under this agreement shall not be construed as a waiver of such rights, and a waiver by either party of a default in one or more instances shall not be construed as a continuing waiver or as a waiver in any other instance. If any term or condition of this agreement is for any reason held invalid, such invalidity shall not affect any other term or condition and this agreement shall be interpreted as if such term or condition had never been contained in this agreement. The section headings and numberings of this agreement are inserted only for convenience, and shall not be construed as part of the agreement. This agreement may be executed in counterparts, any one of which need not contain the signatures of more than one party, but all of which, taken together, shall constitute one and the same agreement. This agreement may be executed by fax and the parties agree that such facsimile execution shall have the same force and effect as original signatures.

Company is not required to use or publish the material, in whole or in part, under this agreement, and the Company shall have fully discharged its obligations to Contributor by making the payments to Contributor required by Paragraph 3 of this agreement.


___________________________
Contributor (print) Company representative

Phone: __________________ Phone: (

Social Security # ______________ Title: Editor



___________________________ ___________________________
signature signature

___________________________ ___________________________
date date

Originally Posted by jonsie

I just submitted over 12 or 13 pics of a Governor handing over a million dollar check to a municipality... It will make front page, but no terms were put in place.. The editor knows I am a beginner and he told me this will help get my name out there.. ha. now I feel stupid. lol. So for a small town, regional paper, you still think $50? And they said I had to fill out an application for payment purposes, but wouldn't that lock me into there terms??? hmmmm.

Jonsie

I sold a photo to a local paper with a circulation of 11,000 for $50. They will pay it.

[jonsie]

Thanks for all your help... Living and learning each day.. thats what I love about this forum.. We help one another out.. Kudos to all who helped.. I submitted the pay scale to them, we shall see... I will post and update.. Again thanks to all..

Jonsie

[jonsie]

Thankyou for your sample... gave me a better understanding.. And thank you for looking out for the beginners and sharing your knowledge.. jonsie

[Sime]

Jonsie, It's up to you. If you keep on with it, or if you don't... All I will say is it's harder, but not impossible, to charge more when you start really low. If you're a beginner and you're OK with doing it for the experience then get stuck in.

[jonsie]

thanks Sime..

Jonsie

[windrider86]

Food for thought. ask them if they will trade x amount of photos for advertising. Display ads are eye catching but expensive for you.
Find out what thier rates are for diferent size ads or per column inch. Then negotiate
Obviously you wouldnt want to do this long term. But if you are wanting to advertise this is a cheap way to do it