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I recently was hired to create photographs and video for a client. We agreed on number of images and video I was to create in which time for what amount of money, subject to a joint usage agreement. OK. No problem so far. Then I got the agreement and read the fine print.
Here’s what the proposed contract read:
This job was bid out for a specific number of images and videos. This wording in the fine print says I will turn over every photo I take and every frame of footage I capture at the end of the job for future use and on top of that, I will transfer all rights to the client.
If you’re in a situation like this, how do you handle this request? Here’s what I did: I went and rewrote the fine print of the agreement, changing the language to grant the client unlimited and exclusive usage to the images a final videos we’re creating for them, which is exactly what they need. I added a line that I may use the material licensed to them for self promotional purposes and that all other usage would need written authorization from the client.
Then I submitted the reworded agreement. I received an email asking for clarification on some other issues, that had nothing to do with the usage, reworked the agreement’s fine print again and received a signed copy today.
Here’s the point I’m trying to make: Just because you’re dealing with a big client, don’t be afraid to negotiate the terms with them. It never hurts to ask. I know many photographers that would have signed the first contract, saying “Oh, well it’s just the way that CLIENT does business and if I want the job, I’ll need to play by their rules.”
Sure, I could have pointed out why this doesn’t seem fair, but that usually gets you nowhere. Instead submitting a fair change to the agreement, which now reflects what we had talked about in the first conversations gets you much further. Realize that many big companies have boiler plate language in their agreements that may totally not apply to your project. An agreement is a starting point to negotiate from, not the end. And if it is the end remember you always have the right to walk away from the job, before you sign on the dotted line, but never ever neglect to read (and change) the fine print.
Please take the time to read the agreements you’re asked to work under and don’t assume that they were crafted specifically for your project.
Have your own terms and conditions (your part of the fine print) in place and send them to the client with the first document describing scope, time or cost. I don’t send out an estimate without attaching mine, with this job it won’t be my terms and conditions, but the agreement that we’ve crafted together.
Look for a win for both parties and stick to your guns.
I’ve been working on producing a 5 figure job over the past few weeks, that I was referred to by a friend of mine. Everything looked great, every discussion I had with the client was promising. They liked my work. They were happy with the budget. They were in agreement with the conditions for the job, which we had defined in the fine print of our terms and conditions. They had the money for the 50% deposit. Everything was going smoothly, until