What do you all think of my quoting template?

Started Nov 30, 2022 | Discussions thread
Michael Fryd
Michael Fryd Forum Pro • Posts: 16,390
Re: What do you all think of my quoting template?

Will Faulkner wrote:

...

Job cancellation within 72 hours = 25% of fees, plus all incurred expenses. Job cancellation within 48 hours = 50% of fees, plus all incurred expenses. Job cancellation within 24 hours = 100% of fees, plus all incurred expenses.

I would phrase this differently.

In the US, when a contract is ambiguous, it is interpreted in favor of the party that didn't draft it.

As a general rule, clients are not familiar with you and don't have the same context as you do for interpreting the contract.

I would suggest that you specify what milestone you are using. A client might reasonably interpret your clause to be an early cancelation clause. They may interpret this clause as a what happens if they cancel within 72 hours of signing the contract (or of paying a deposit). You also have the issue that these sentences don't contain verbs. They don't require the client to pay that fee, or authorize you to collect it.

Furthermore the various clauses are ambiguous. If a job is cancelled within 12 hours, it falls under all three clauses (12 hours is within 72 hours).

I would say something more along the lines of:

Client shall pay a cancellation fee for cancelations that occur in the three business days prior to the start of the shoot. If the job is cancelled the business day before the cancellation fee is 75% of the quoted price. Two business days prior, and the fee is 50%. Three business days prior and the fee is 25%. In addition to any cancellation fee, client is responsible for all incurred expenses, no matter when the job is cancelled.

Business days are weekdays that are neither federal nor state holidays.

...

All photos may be used for my website portfolio and social media platforms, unless otherwise notified by the client prior to the shoot."

As others have mentioned, Getting permission from your client is not legally helpful. You own the copyright.  The client has no legal grants to grant you.  On the other hand,  the model has various rights to her likeness, but only the model (or a specifically authorized agent) can grant that permission.

Mostly what your clause does is inform the client that they are not getting exclusive use of the images, and have no reasonable expectation that the images will be kept private. Why not just say that?

Perhaps something like: "Unless the quoted price explicitly specifies "exclusive license", the license granted for the images is not an "exclusive" license. Photographer may use said images in his portfolio, on social media, in advertising, and for any other usage allowed by law (including licensing to other parties)."

If you are going to keep wording similar to yours, I would require any notice from the client to be in writing. You want to avoid situations where the client claims that they mentioned it at the shoot.

Disclaimer: I am not an attorney, and you should never rely on advice from the web. You should always have documents drafted by attorneys. I recommend joining a professional association (like the Professional Photographers of America ). These organization usually provide attorney drafted documents for the use of their members.

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