Do I Need a Written Contract?
You may have been in the situation where you had an agreement with someone else to do something. It may have been a family member, a friend, a customer, or a service provider. You or the other person didn’t want to go through the formal process of putting it in writing because you have a close relationship, don’t want to offend the other person, or don’t want them to think you don’t trust them. Then something goes wrong. You discuss it with the other person and now there’s a dispute as to what you both actually agreed to, or you never talked about what you two would do if x, y, z happens. Do you have a breach of contract claim? Maybe. In this scenario, your first and most difficult hurdle in prevailing in a breach of contract lawsuit is the lack of a written contract. There are multiple reasons why you would want a written contract. Here are a few: It gives clarity regarding each person’s rights and duties. The process of creating a contract forces the parties to … Continue reading
What to do Before You Sign a Contract
Congratulations! You made a deal, reached an agreement, or resolved a dispute and now you’re ready to sign a contract to make it all official. If this contract is important enough to you, pause for a minute, read it carefully, and ask an attorney to review it. Why? There are 2 reasons: Whoever drafts the contract will include terms and provisions that are in their favor. They have no obligation, duty, or interest (generally) in watching out for your interest. But your lawyer does. Every time I review a contract and explain the various clauses to my clients, there are a few clauses that my clients did not understand or was against their interest and invariably had to be negotiated and revised. You may have an engineering degree from MIT and be the smartest person in the room but unless you’ve seen the same clauses day in and day out and have seen their implications in the litigation context, you may not have an accurate understanding of the contract. Contract pitfalls to look out for. This is by no means an all-inclusive list. … Continue reading
Basics of a Photography Contract
Any provider of services, especially those that aren’t provided immediately at the time of hire should have a binding photography contract outlining the terms of both your and your client’s expectations. Outlining the terms of the relationship not only protects both parties but it ensures that you get paid and can collect if there is a problem. Most importantly for the growth of your business, taking out the element of surprise results in a satisfying experience. Happy clients are happy to refer your services. What is a contract? A contract is an agreement with specific terms between 2 or more persons or entities (parties) where there is a promise to do something (performance) in exchange for something of value (consideration). What should be in a photography contract? The 5 Ws and 1 H, or 6 Ws, we learned in high school English. (I went to an international school abroad but I’m sure we learned the same things.) Who, what, when, where, why, how. If you are a wedding photographer, the “why” would likely be obvious so we’ll focus on … Continue reading