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|| SportsShooter.com: Member Message Board
Would You Sign This Contract?
Ronnie Montgomery, Photographer
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Mark Peters, Photographer
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Highland | IL | USA | Posted: 11:10 PM on 07.23.11 |
->> I noticed that you didn't highlight the indemnity section which includes the following: "..., including any such claims which may arise from the XXXXXX’s own negligence"
I would think that you would not want to be on the hooks for indemnifying them - including their legal fees - from their own negligent actions.
So in short - based on that alone, I would not sign this contract. |
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John J Coleman, Photographer, Photo Editor
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Milford | Ct | United States | Posted: 11:35 PM on 07.23.11 |
| ->> Just say NO !!!! |
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Mike Janes, Photographer
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Attica | NY | USA | Posted: 12:05 AM on 07.24.11 |
| ->> Nope, have turned away similar and won't sign anything like that crap - I write my own contracts and we go from there. |
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Brad Mangin, Photographer
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Pleasanton | CA | USA | Posted: 12:58 AM on 07.24.11 |
->> Remember everyone- there is a reason clowns like this want your copyright- it is worth something!
The problem is too many people sign stuff like this.
JUST SAY NO. BLEEP these clowns. |
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Jim Colburn, Photographer, Photo Editor
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Omaha | NE | USA | Posted: 1:05 AM on 07.24.11 |
->> Have you thought about drawing a line through anything you don't like (which would be a lot) and sending it back to see if they agree to it?
I lined out damn near half a contract a few years ago and the client came back with an okay. |
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David Scott, Photographer
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Portland | OR | US | Posted: 2:20 AM on 07.24.11 |
->> Just as Jim said, I'll go through and line out items that we do not agree to. Sometimes it's worth it sometimes they don't go for it. Then it's time to walk away.
-- Dave |
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Angel Valentin, Photographer
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Palmer | PR | Puerto Rico | Posted: 4:11 AM on 07.24.11 |
| ->> Will they give you credit ? That might help your career in the future... |
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Chuck Liddy, Photographer
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Durham | NC | USA | Posted: 8:38 AM on 07.24.11 |
->> I place this in the same category as I do things that go with this saying..
"if you have to ask......"
the fact that you even felt the need to ask should be a red flag all by itself.
seriously. I'm curious why you thought it important to black out the contract fees. That was the most interesting thing to me. |
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Doug Pizac, Photographer
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Sandy | UT | USA | Posted: 12:14 PM on 07.24.11 |
->> Ditto on Mark's red flag on the clause indemnifying the client. The way it is worded is if the client even purposefully recrops, cuts/pastes, and/or captions your image to be totally libelous, the contract makes the photographer liable for any and all lawsuit costs arising from the misuse.
I also belong to ASMP and bad indemnity clauses were a subject of thread discussion last week. Here is what another photographer has in her contract -- the one she gives to the client to sign.
"The photographer warrants that the photographs are created by her or her subcontractors, and she has authority to license their use to the Client for the above use. Client will defend photographer against any and all claims, liability, damages and costs, including legal fees and expenses, arising out of the creation, use or misuse of the images. Unless specifically stated and provided, no model or property releases exist. The client accepts all liability associated with the use or misuse of the images."
This puts the responsibility of the client to act responsibly on the client's shoulders -- not the photographer's. |
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Eric Canha, Photographer
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Brockton | MA | United States | Posted: 10:45 AM on 07.25.11 |
->> Contracts are meant to benefit both sides. Admittedly they tend to give greater benefit to the side writing and presenting it. So the real question is do you feel the contract benefits YOU? The answer to that (in my mind) is blacked out. Do you feel you're getting paid enough to swallow all of the other one sided language? Personally I find it hard to believe that the XXXXXXXXXX would put enough $$$$$ on the table to make me willing to put them on my auto policy, and all of the other issues.
One thing about naming them as insureds is that The Hartford now requires a copy of the contract whenever I add a party as an additional insured. The contract has to be reviewed to make sure that they aren't on the hook for some crazy willingness on my part. I have a feeling that they would balk at the language that Mark points out. Maybe your insurance company does the same thing?
E |
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Doug Pizac, Photographer
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Sandy | UT | USA | Posted: 10:32 AM on 07.26.11 |
->> Ronnie...
Who is the paper/magazine? |
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