Help - Search - Members - Calendar
Full Version: Do you negotiate your contract?
OpenSourcePhoto > The Business Side > Workflow
Punam Bean
I'm not sure if I want to anymore. I just put my foot down with a client and got the silent treatment.

Anyone else have any input?

Thanks!


JAC
I never negotiate my contract.
Andrew Merefield
It really depends on what they want to negotiate and how good the wedding sounds.

If they don't want their photos used in advertising, I'll negotiate, if they want to rewrite everything and are asking for a discount and shorter delivery times, I don't want the wedding anyway.
Jasont
QUOTE(Andrew Merefield @ February 17 2008, 05:32 PM) *
It really depends on what they want to negotiate and how good the wedding sounds.

If they don't want their photos used in advertising, I'll negotiate, if they want to rewrite everything and are asking for a discount and shorter delivery times, I don't want the wedding anyway.


+1

I've never had too, or been asked to. It just depends on what it is. Someone not to long ago mentioned in a thread on here that a FOB was wanting to make changes, and they actually made his contract better.

I don't discount to get bookings no. But I do make custom packages for people.
Hope
In the past, I've waived my "no other pro photographer" clause and I've allowed certain clients to set up a payment system after the wedding with no products released (I've been very fortunate - or maybe just choosey in who I let do this - in that I've never been burned). I'd also be willing to waive the provisions clause that sits us with the guests and gives us a dinner at the reception (I can understand not wanting to pay for two extra people's plates) if asked and I'd agree not to use images for advertising if asked. Everything else is absolutely set in stone.
BLA BLA BLA
QUOTE(jenc @ February 17 2008, 12:11 PM) *
I never negotiate my contract.


+1 I will never negotiate if they do not like what is in it I do not work with them.
Mark
QUOTE(Punam Bean @ February 17 2008, 09:08 AM) *
I'm not sure if I want to anymore. I just put my foot down with a client and got the silent treatment.

Anyone else have any input?

Thanks!


As others have said, it all depends on what they are asking for. BUT as a general rule the contract is non-negotiable. If there is something that we agree to change, there is an addendum added to the contract - your main contract should never be changed.

But there are no absolutes in life. Depending on the job, package they want, etc. there may be concessions I would consider but it all depends. Would I waive my model release clause if they were willing to pay an additional charge for it - absolutely. Would I be willing to give them ALL unedited images - NEVER. These are extreme examples but the key is that there may be changes that are reasonable.

I think the key is to listen to their request with an open mind. If you can't or don't want to accomodate them, then use Robin's line: "Sorry, I can't change that part of my contract, but thanks for asking!"

Many times they are just asking to see if there is wiggle room. If you say no, and you don't hear back they probably arent clients you want to work with anyway.
Damon
I like money.

(FYI: We have a lawyer)
Mark
QUOTE(Damon @ February 17 2008, 11:10 PM) *
I like money.

(FYI: We have a lawyer)

So does that mean you negotiate your contracts?
Damon
QUOTE(Mark @ February 18 2008, 02:12 AM) *
So does that mean you negotiate your contracts?

Umm, yeah.

Mostly minor things but one client didn't want their pictures publicized and my boss said: "Sure, no problem"

It helps that we have access to a couple of attorneys, but generally we see contract negotiations as a 99% booked client and focus on making sure both parties can live with the arrangement. The package price largely influences flexibility.

But again, I like money.

Cory Parris
Everything is negotiable. Some things cost extra, others do not. The most common thing is when people do not want their images used in advertising. No problem.
Punam Bean
QUOTE(Cory Parris @ February 18 2008, 10:59 AM) *
Everything is negotiable. Some things cost extra, others do not. The most common thing is when people do not want their images used in advertising. No problem.


+1

that sounds pretty good to me!
DDuggan
I never negotiate the contract. If clarification is needed or I DECIDE to modify the contract I use an addendum, but NEVER negotiate the basic contract.

The contract is specific and precise in the language because of very real issues I have had to deal with. Those basic issues are NEVER negotiable.

I can understand the "don't use my images..." thing. Put that in the addendum, but the basic contract is NEVER negotiated.

I have my contracts on NCR 3-part paper so it is not like I could just change a Word document and print it out.
CharlesBaisden
It seems that there are two components to the question: price & wording.

PRICE
We seldom negotiate the PRICE we charge for a wedding. The exceptions are slow months, Sundays, and any weekday. Even then, we try to stick to our base price, and include complimentary add-ons instead. We work on an a la carte system, so this is fairly easy.

WORDING
As far as negotiating the actual wording of the contract, this is definitely on a case by case basis. I used to freak out anytime a client challenged the contract. We even turned a few down just for asking. Now -- older & wiser (ha ha), I realize that there are educated & informed clients, and there is everyone else. When you bump into one of those really smart clients, the best thing to do is just relax, LISTEN to their concerns, and look for the middle ground. We almost ALWAYS find that we can satisfy their concerns without destroying the integrity of our contract.

~ Charles

GingerM
QUOTE(Punam Bean @ February 17 2008, 11:08 AM) *
I'm not sure if I want to anymore. I just put my foot down with a client and got the silent treatment.

Anyone else have any input?

Thanks!


I haven't had any requests for it, but it would depend on what someone is asking, I suppose. But I think I would put my foot down too.

The silent treatment? What a grumpy McGee client!
Sergeant V
QUOTE(Damon @ February 18 2008, 02:10 AM) *
I like money.

(FYI: We have a lawyer)



+1

We don't negotiate. Our contract may as well be carved in stone. That being said, if i decide to throw in a bit extra cause I like the client or the "destination" ( yes the "" is for a reason. It ain't gonna be a small town gig) in order to swoon them a bit, that is not negotiating. That is a gift for them. Besides, my COS (not cosine as in High School Trig., but "cost of sales") is padded enough to allow al little gift giving. smile.gif

Damon- I don't have my own lawyer, but the Mayor of our city is the only one that I use to oversee the closing of property that I want to buy and he gave me all kinds of secrets as to how I can "get away with things". He's the lawyer that I would use anyway if I need one. Kind of neat, Huh?
Mark
QUOTE(CharlesBaisden @ February 19 2008, 07:39 PM) *
It seems that there are two components to the question: price & wording.

PRICE
We seldom negotiate the PRICE we charge for a wedding. The exceptions are slow months, Sundays, and any weekday. Even then, we try to stick to our base price, and include complimentary add-ons instead. We work on an a la carte system, so this is fairly easy.

WORDING
As far as negotiating the actual wording of the contract, this is definitely on a case by case basis. I used to freak out anytime a client challenged the contract. We even turned a few down just for asking. Now -- older & wiser (ha ha), I realize that there are educated & informed clients, and there is everyone else. When you bump into one of those really smart clients, the best thing to do is just relax, LISTEN to their concerns, and look for the middle ground. We almost ALWAYS find that we can satisfy their concerns without destroying the integrity of our contract.

~ Charles


+1 Well put.

Like Damon, I like money, and consumers today in ANY MARKET are much more educated than ever before with the vast resources of the internet.

I'll listen to any question or request. That doesnt mean they will get it, but like Charles if you listen to what they are asking and try to find out what their concern really you can see how to make it so for them without compromising any of our values/concerns/policies.

lauraryan
QUOTE(Mark @ February 20 2008, 12:34 AM) *
+1 Well put.

Like Damon, I like money, and consumers today in ANY MARKET are much more educated than ever before with the vast resources of the internet.

I'll listen to any question or request. That doesnt mean they will get it, but like Charles if you listen to what they are asking and try to find out what their concern really you can see how to make it so for them without compromising any of our values/concerns/policies.

Yes the only thing that I have gotten with my contract changes is the fact that the customers do not want their images displayed. What happenend with you?
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2008 Invision Power Services, Inc.