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?

amateurphotographer wrote:

rumple wrote:

amateurphotographer wrote:

I don't use lengthy T&C's and just use layman terms. Contractually I may be exposed by doing this,

If someone is self-employed long enough, eventually they will end up in court. When the judge says something like "I don't see where in the agreement the defendant has to pay for recovery costs" (e.g., the cost of enforcement: lawyers, bailiffs, process servers, asset searches), that someone is screwed. Ask me how I know.

People are used to reading, or at least signing, legal agreements. When my car's oil gets changed the agreement is a page of fine print, when I get a credit card the agreement is more than a page.

If someone wants to, metaphorically, drive without a seatbelt that's their business - perhaps the increased velocity of sales is sufficient to overcome the perception of risk. But encouraging others to do the same is somewhat irresponsible.

I believe that whether a written contract is required or not, should follow the local way of carrying out business. For example if I were shooting in New York for a large corporation, then yes I would have a page length of T&C, and probably checked by a lawyer. But if were shooting in Mongolia, a hand shake will do, with no written contract.

So I don't use lengthy T&C as this is the norm in the country where I work and the clients I am dealing with. Hope this clarifies why I don't need lengthy T&C and use layman terms.

The advantage of a written document is that it helps avoid misunderstandings.

Even if you prefer a handshake rather than a signed contract, it can be helpful to give the client a document that tells him what he should expect.

.

Consider a situation where you agree with a handshake that you agree on a price to take catalog shots of the client's new swimwear line.

Unless you have a long and detailed conversation, there's a lot of room for misunderstandings.  Can you post the images to social media or does the client want the new products to remain a secret until he announces them?  Can you post images after they are announced, or does the client want to control every aspect of their online presence?    Who is responsible for picking the models?  Are the models, and the MUA included in your price?  If the client's swimwear line is larger than your thought, can you increase your price?   If the client reschedules, but you have cancellation fees for the MUA, who pays that fee?

Does the client have unlimited rights to use the images forever, or are they limited to a certain period of time and certain uses?  I.e. you were hired for catalog shoots, but they want to base an advertising campaign over one of the images. do you (or the model) get extra for that?

I've done many deals on a handshake.  But I also know that anything that isn't specified (or in my handout), is going to be interpreted in favor of the client.  Happy clients stay with me for years.  Unhappy clients can disappear tomorrow.

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